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authorStefan Briesenick <sbriesen@gentoo.org>2011-10-19 10:48:12 +0000
committerStefan Briesenick <sbriesen@gentoo.org>2011-10-19 10:48:12 +0000
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tree4237b4169b6a6db78b5d439c24a3f9c995a60ca2 /licenses/EUPL-1.1
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+ European Union Public Licence
+ V. 1.1
+ EUPL © the European Community 2007
+
+This European Union Public Licence (the “EUPL”) applies to the Work or Software
+(as defined below) which is provided under the terms of this Licence. Any use of the
+Work, other than as authorised under this Licence is prohibited (to the extent such use
+is covered by a right of the copyright holder of the Work).
+
+The Original Work is provided under the terms of this Licence when the Licensor (as
+defined below) has placed the following notice immediately following the copyright
+notice for the Original Work:
+
+Licensed under the EUPL V.1.1
+
+or has expressed by any other mean his willingness to license under the EUPL.
+
+1. Definitions
+
+In this Licence, the following terms have the following meaning:
+
+- The Licence: this Licence.
+
+- The Original Work or the Software: the software distributed and/or communicated
+by the Licensor under this Licence, available as Source Code and also as Executable
+Code as the case may be.
+
+- Derivative Works: the works or software that could be created by the Licensee,
+based upon the Original Work or modifications thereof. This Licence does not define
+the extent of modification or dependence on the Original Work required in order to
+classify a work as a Derivative Work; this extent is determined by copyright law
+applicable in the country mentioned in Article 15.
+
+- The Work: the Original Work and/or its Derivative Works.
+
+- The Source Code: the human-readable form of the Work which is the most
+convenient for people to study and modify.
+
+- The Executable Code: any code which has generally been compiled and which is
+meant to be interpreted by a computer as a program.
+
+- The Licensor: the natural or legal person that distributes and/or communicates the
+Work under the Licence.
+
+- Contributor(s): any natural or legal person who modifies the Work under the
+Licence, or otherwise contributes to the creation of a Derivative Work.
+
+- The Licensee or “You”: any natural or legal person who makes any usage of the
+Software under the terms of the Licence.
+
+- Distribution and/or Communication: any act of selling, giving, lending, renting,
+distributing, communicating, transmitting, or otherwise making available, on-line or
+off-line, 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 world-wide, 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 Original 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,
+- sub-license 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 and/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 Original
+Work or Software, 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 and/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 and/or communicates copies of the
+Original Works or Derivative Works based upon the Original Work, this Distribution
+and/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. 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 and/or Communicates Derivative
+Works or copies thereof based upon both the Original Work and another work
+licensed under a Compatible Licence, this Distribution and/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 and/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 and/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 software 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 Original Work or Derivative Works, You may choose to
+conclude an additional agreement to offer, and charge a fee for, acceptance of support,
+warranty, indemnity, or other liability obligations and/or services consistent with this
+Licence. However, in accepting such 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 such 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 and/or
+Communication by You of the Work or copies thereof.
+
+11. Information to the public
+
+In case of any Distribution and/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 licensed hereunder.
+
+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 and/or reformed so as necessary to make it valid and enforceable.
+The European Commission may publish other linguistic versions and/or new versions
+of this Licence, 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
+
+Any litigation resulting from the interpretation of this License, arising between the
+European Commission, as a Licensor, and any Licensee, will be subject to the
+jurisdiction of the Court of Justice of the European Communities, as laid down in
+article 238 of the Treaty establishing the European Community.
+Any litigation arising between Parties, other than the European Commission, 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
+
+This Licence shall be governed by the law of the European Union country where the
+Licensor resides or has his registered office.
+
+This licence shall be governed by the Belgian law if:
+
+- a litigation arises between the European Commission, as a Licensor, and any
+Licensee;
+- the Licensor, other than the European Commission, has no residence or
+registered office inside a European Union country.
+
+===
+
+Appendix
+
+“Compatible Licences” according to article 5 EUPL are:
+
+- GNU General Public License (GNU GPL) v. 2
+- Open Software License (OSL) v. 2.1, v. 3.0
+- Common Public License v. 1.0
+- Eclipse Public License v. 1.0
+- Cecill v. 2.0 \ No newline at end of file