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@ -307,261 +307,3 @@ Appendix
covered Source Code from exclusive appropriation.
— All other changes or additions to this Appendix require the production of a
new EUPL version.
— ‘The Licensee’ or ‘You’: any
natural or legal person who makes any usage of the Work under the terms of the
Licence.
— ‘Distribution’ or ‘Communication’: any act of selling,
giving, lending, renting, distributing, communicating, transmitting, or
otherwise making available, online or offline, copies of the Work or providing
access to its essential functionalities at the disposal of any other natural
or legal person.
2. Scope of the rights granted by the Licence
The
Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
sublicensable licence to do the following, for the duration of copyright
vested in the Original Work:
— use the Work in any circumstance and for all
usage,
— reproduce the Work,
— modify the Work, and make Derivative
Works based upon the Work,
— communicate to the public, including the right
to make available or display the Work or copies thereof to the public and
perform publicly, as the case may be, the Work,
— distribute the Work or
copies thereof,
— lend and rent the Work or copies thereof,
— sublicense
rights in the Work or copies thereof.
Those rights can be exercised on any
media, supports and formats, whether now known or later invented, as far as
the applicable law permits so.
In the countries where moral rights apply, the
Licensor waives his right to exercise his moral right to the extent allowed by
law in order to make effective the licence of the economic rights here above
listed.
The Licensor grants to the Licensee royalty-free, non-exclusive usage
rights to any patents held by the Licensor, to the extent necessary to make
use of the rights granted on the Work under this Licence.
3.
Communication of the Source Code
The Licensor may provide the Work either
in its Source Code form, or as Executable Code. If the Work is provided as
Executable Code, the Licensor provides in addition a machine-readable copy of
the Source Code of the Work along with each copy of the Work that the Licensor
distributes or indicates, in a notice following the copyright notice attached
to the Work, a repository where the Source Code is easily and freely
accessible for as long as the Licensor continues to distribute or communicate
the Work.
4. Limitations on copyright
Nothing in this Licence is
intended to deprive the Licensee of the benefits from any exception or
limitation to the exclusive rights of the rights owners in the Work, of the
exhaustion of those rights or of other applicable limitations thereto.
5.
Obligations of the Licensee
The grant of the rights mentioned above is
subject to some restrictions and obligations imposed on the Licensee. Those
obligations are the following:
Attribution right: The Licensee shall keep
intact all copyright, patent or trademarks notices and all notices that refer
to the Licence and to the disclaimer of warranties. The Licensee must include
a copy of such notices and a copy of the Licence with every copy of the Work
he/she distributes or communicates. The Licensee must cause any Derivative
Work to carry prominent notices stating that the Work has been modified and
the date of modification.
Copyleft clause: If the Licensee distributes or
communicates copies of the Original Works or Derivative Works, this
Distribution or Communication will be done under the terms of this Licence or
of a later version of this Licence unless the Original Work is expressly
distributed only under this version of the Licence — for example by
communicating ‘EUPL v. 1.2 only’. The Licensee (becoming Licensor) cannot
offer or impose any additional terms or conditions on the Work or Derivative
Work that alter or restrict the terms of the Licence.
Compatibility clause:
If the Licensee Distributes or Communicates Derivative Works or copies thereof
based upon both the Work and another work licensed under a Compatible Licence,
this Distribution or Communication can be done under the terms of this
Compatible Licence. For the sake of this clause, ‘Compatible Licence’
refers to the licences listed in the appendix attached to this Licence. Should
the Licensee's obligations under the Compatible Licence conflict with his/her
obligations under this Licence, the obligations of the Compatible Licence
shall prevail.
Provision of Source Code: When distributing or communicating
copies of the Work, the Licensee will provide a machine-readable copy of the
Source Code or indicate a repository where this Source will be easily and
freely available for as long as the Licensee continues to distribute or
communicate the Work.
Legal Protection: This Licence does not grant
permission to use the trade names, trademarks, service marks, or names of the
Licensor, except as required for reasonable and customary use in describing
the origin of the Work and reproducing the content of the copyright
notice.
6. Chain of Authorship
The original Licensor warrants that the
copyright in the Original Work granted hereunder is owned by him/her or
licensed to him/her and that he/she has the power and authority to grant the
Licence.
Each Contributor warrants that the copyright in the modifications
he/she brings to the Work are owned by him/her or licensed to him/her and that
he/she has the power and authority to grant the Licence.
Each time You accept
the Licence, the original Licensor and subsequent Contributors grant You a
licence to their contributions to the Work, under the terms of this
Licence.
7. Disclaimer of Warranty
The Work is a work in progress,
which is continuously improved by numerous Contributors. It is not a finished
work and may therefore contain defects or ‘bugs’ inherent to this type of
development.
For the above reason, the Work is provided under the Licence on
an ‘as is’ basis and without warranties of any kind concerning the Work,
including without limitation merchantability, fitness for a particular
purpose, absence of defects or errors, accuracy, non-infringement of
intellectual property rights other than copyright as stated in Article 6 of
this Licence.
This disclaimer of warranty is an essential part of the Licence
and a condition for the grant of any rights to the Work.
8. Disclaimer of
Liability
Except in the cases of wilful misconduct or damages directly
caused to natural persons, the Licensor will in no event be liable for any
direct or indirect, material or moral, damages of any kind, arising out of the
Licence or of the use of the Work, including without limitation, damages for
loss of goodwill, work stoppage, computer failure or malfunction, loss of data
or any commercial damage, even if the Licensor has been advised of the
possibility of such damage. However, the Licensor will be liable under
statutory product liability laws as far such laws apply to the Work.
9.
Additional agreements
While distributing the Work, You may choose to
conclude an additional agreement, defining obligations or services consistent
with this Licence. However, if accepting obligations, You may act only on your
own behalf and on your sole responsibility, not on behalf of the original
Licensor or any other Contributor, and only if You agree to indemnify, defend,
and hold each Contributor harmless for any liability incurred by, or claims
asserted against such Contributor by the fact You have accepted any warranty
or additional liability.
10. Acceptance of the Licence
The provisions
of this Licence can be accepted by clicking on an icon ‘I agree’ placed
under the bottom of a window displaying the text of this Licence or by
affirming consent in any other similar way, in accordance with the rules of
applicable law. Clicking on that icon indicates your clear and irrevocable
acceptance of this Licence and all of its terms and conditions.
Similarly,
you irrevocably accept this Licence and all of its terms and conditions by
exercising any rights granted to You by Article 2 of this Licence, such as the
use of the Work, the creation by You of a Derivative Work or the Distribution
or Communication by You of the Work or copies thereof.
11. Information to
the public
In case of any Distribution or Communication of the Work by
means of electronic communication by You (for example, by offering to download
the Work from a remote location) the distribution channel or media (for
example, a website) must at least provide to the public the information
requested by the applicable law regarding the Licensor, the Licence and the
way it may be accessible, concluded, stored and reproduced by the
Licensee.
12. Termination of the Licence
The Licence and the rights
granted hereunder will terminate automatically upon any breach by the Licensee
of the terms of the Licence.
Such a termination will not terminate the
licences of any person who has received the Work from the Licensee under the
Licence, provided such persons remain in full compliance with the
Licence.
13. Miscellaneous
Without prejudice of Article 9 above, the
Licence represents the complete agreement between the Parties as to the
Work.
If any provision of the Licence is invalid or unenforceable under
applicable law, this will not affect the validity or enforceability of the
Licence as a whole. Such provision will be construed or reformed so as
necessary to make it valid and enforceable.
The European Commission may
publish other linguistic versions or new versions of this Licence or updated
versions of the Appendix, so far this is required and reasonable, without
reducing the scope of the rights granted by the Licence. New versions of the
Licence will be published with a unique version number.
All linguistic
versions of this Licence, approved by the European Commission, have identical
value. Parties can take advantage of the linguistic version of their
choice.
14. Jurisdiction
Without prejudice to specific agreement
between parties,
— any litigation resulting from the interpretation of this
License, arising between the European Union institutions, bodies, offices or
agencies, as a Licensor, and any Licensee, will be subject to the jurisdiction
of the Court of Justice of the European Union, as laid down in article 272 of
the Treaty on the Functioning of the European Union,
— any litigation
arising between other parties and resulting from the interpretation of this
License, will be subject to the exclusive jurisdiction of the competent court
where the Licensor resides or conducts its primary business.
15.
Applicable Law
Without prejudice to specific agreement between
parties,
— this Licence shall be governed by the law of the European Union
Member State where the Licensor has his seat, resides or has his registered
office,
— this licence shall be governed by Belgian law if the Licensor has
no seat, residence or registered office inside a European Union Member
State.
Appendix
‘Compatible Licences’ according to Article 5 EUPL are:
— GNU General Public License (GPL) v. 2, v. 3
— GNU Affero General
Public License (AGPL) v. 3
— Open Software License (OSL) v. 2.1, v. 3.0
— Eclipse Public License (EPL) v. 1.0
— CeCILL v. 2.0, v. 2.1
— Mozilla Public Licence (MPL) v. 2
— GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
— Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0)
for works other than software
— European Union Public Licence (EUPL) v. 1.1, v. 1.2
— Québec Free and Open-Source Licence
— Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+)
— The European Commission may update this Appendix to later versions of the
above licences without producing a new version of the EUPL, as long as they
provide the rights granted in Article 2 of this Licence and protect the
covered Source Code from exclusive appropriation.
— All other changes or additions to this Appendix require the production of
a new EUPL version.