Re: EUPL draft
Ivo Danihelka <ivo@danihelka.net> writes:
> On Fri, 2005-07-22 at 18:35 +0200, Ales Cepek wrote:
>> I would like to ask,
>> if anybody here can say that the EUPL draft would be compatible with
>> the Debian Social Contract.
>
> Good question. The EUPL draft is available at
> http://europa.eu.int/idabc/en/document/2623/5585#eupl
>
> Now is time to propose changes.
Here is the text of the license.
I have run it through pdftotext, and then formatted for email reading.
Page breaks have been retained.
EUPL v.01-EN
European Union Public Licence
V.01
EUPL © the European Community 2005
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.01 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 required
in order to make modifications to it.
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 physical or legal person that distributes and/or
communicates the Work under the Licence.
Contributor(s): any physical 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 physical or legal person who makes any usage
of the Software under the terms of the Licence.
page 1 of 6
-
© European Community 2005
EUPL v.01-EN
-
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 at the disposal of
any other physical or legal person.
2. Scope of the rights granted by the Licence
The Licensor hereby grants You a world-wide, royalty-free,
non-exclusive, sub-licensable 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.
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 to 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.
© European Community 2005
page 2 of 6
EUPL v.01-EN
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
distributes and/or communicates. The Licensee must cause any Derivative
Work to carry prominent notices stating that he modified the work,
indicating the name and contact information of the Contributor.
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 EUPL 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.
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 indicates a website 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 and that he has the power and
authority to grant the Licence. Each Contributor warrants that the
copyright in the modifications he brings to the Work are owned by him
and that he has the power and authority to grant the Licence. Each time
You, as Licensee, become Licensor by the fact You distribute and/or
communicate the Work, the original Licensor and subsequent Contributors
grant to the recipient a licence to the Work on the same terms and
conditions as the licence granted to You under this Licence.
© European Community 2005
page 3 of 6
EUPL v.01-EN
7. Disclaimer of Warranty
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. 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 to the extent required by applicable law, 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.
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 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, the creation by You of a Derivative Work or the
Distribution and/or Communication by You of the Work or copies thereof
indicates your clear and irrevocable acceptance of this Licence and all
of its terms and conditions.
11. Information to the public
© European Community 2005
page 4 of 6
EUPL v.01-EN
In case of any Distribution and/or Communication of the Work by You (for
example, by offering to download the Work from a website) the
distribution channel or media (for example, the website) must provide
the following information to the public:
your name, as new Licensor providing the Work,
your geographic and electronic address,
where the Licensor is registered in a trade or similar public register,
the trade register in which the Licensor is entered and his registration
number,
the different technical steps to follow to conclude the Licence, prior
to the Distribution and/or the Communication of the Work,
where the Licence contract will be accessible,
the languages which can be used for the conclusion of the Licence.
The Licence terms provided to the Licensee must be made available in a
way that allows him to store and reproduce them.
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.
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 European Court of
Justice, 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, if
Licensor resides or conducts its primary business inside the European
Union;
· where the Licensee resides or conducts its primary business if
Licensor resides or conducts its primary business outside the European
Union;
page 5 of 6
© European Community 2005
EUPL v.01-EN
· where the Licensor resides or conducts its primary business, if both the
Licensor and the Licensee reside or conduct their primary business
outside the European Union.
15. Applicable Law
This License shall be governed by the law of the European Union country
where the Licensor resides or has his registered office. This License
shall be governed by the Belgian Law if a litigation arises between the
European Commission, as a Licensor, and any Licensee. This License shall
also be governed by the Belgian Law if the Licensor has no residence or
registered office inside a European Union country.
© European Community 2005
page 6 of 6
--
rich walker | Shadow Robot Company | rw@shadow.org.uk
technical director 251 Liverpool Road |
need a Hand? London N1 1LX | +UK 20 7700 2487
www.shadow.org.uk/products/newhand.shtml
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