Re: Judgement about the EUPL
EUPL v1.1 full text:
European Union Public Licence (EUPL) v1.1
Copyright (c) 2007 The European Community 2007
Preamble
The attached "European Union Public Licence" ("EUPL") has been elaborated
in the framework of IDABC, a European Community programme, with the aim to
promote Interoperable Delivery of European eGovernment Services to public
Administrations, Business and Citizens. IDABC continues and deepens the
previous IDA ("Interchange of data between Administrations") programme.
Software applications, such as CIRCA, a groupware for sharing documents
within closed user groups, IPM, a tool helping administrations to close
the gap between them and their stakeholders by providing a powerful and
yet easy to use tool for direct consultation through the Internet, or
eLink, a tool comprising the identification of remote services and the
provision of reliable and secure messaging services over a network
infrastructure, have been developed within the framework of the IDA or
IDABC programmes. The European Community, on the basis of the contracts
that permitted the development of such software, is owner of all
Intellectual Property Rights and consequently of the source code and
executables.
Such IDA or IDABC developed tools are used by public administrations
outside the European Institutions, under a licence delivered by the
European Commission, which is the Institution acting on behalf of the
European Community since the copyright for those tools belongs to the
European Community. For some time, interest has increased in the
publication of the software source code under a licence that would not
limit access and modifications to the source code.
The original EUPL Licence was established for such software, as
corresponding to the IDABC objectives. The Licence is written in general
terms and could therefore be used for derivative works, for other works
and by other licensors.
The utility of this Licence is to reinforce legal interoperability by
adopting a common framework for pooling public sector software.
This preamble is not a part of the EUPL Licence.
Licence
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:
o The Licence: this Licence.
o 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.
o 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.
o The Work: the Original Work and/or its Derivative Works.
o The Source Code: the human-readable form of the Work which is
the most convenient for people to study and modify.
o The Executable Code: any code which has generally been
compiled and which is meant to be interpreted by a computer as
a program.
o The Licensor: the natural or legal person that distributes
and/or communicates the Work under the Licence.
o Contributor(s): any natural or legal person who modifies the
Work under the Licence, or otherwise contributes to the
creation of a Derivative Work.
o The Licensee or "You": any natural or legal person who makes
any usage of the Software under the terms of the Licence.
o 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, sub-licensable licence to do the following, for the
duration of copyright vested in the Original Work:
o use the Work in any circumstance and for all usage,
o reproduce the Work,
o modify the Original Work, and make Derivative Works based upon
the Work
o 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,
o distribute the Work or copies thereof,
o lend and rent the Work or copies thereof,
o 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:
o 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.
o 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.
o 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.
o 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.
o 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:
o a litigation arises between the European Commission, as a
Licensor, and any Licensee;
o 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:
* General Public License (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
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