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European Union Public Licence
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V.1.0
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EUPL © the European Community 2007
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This European Union Public Licence (the “EUPL”) applies to the Work or Software (as
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defined below) which is provided under the terms of this Licence. Any use of the Work, other
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than as authorised under this Licence is prohibited (to the extent such use is covered by a right
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of the copyright holder of the Work).
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The Original Work is provided under the terms of this Licence when the Licensor (as defined
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below) has placed the following notice immediately following the copyright notice for the
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Original Work:
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Licensed under the EUPL V.1.0
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or has expressed by any other mean his willingness to license under the EUPL.
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1. Definitions
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In this Licence, the following terms have the following meaning:
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− The Licence: this Licence.
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− The Original Work or the Software: the software distributed and/or communicated by
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the Licensor under this Licence, available as Source Code and also as Executable
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Code as the case may be.
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− Derivative Works: the works or software that could be created by the Licensee, based
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upon the Original Work or modifications thereof. This Licence does not define the
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extent of modification or dependence on the Original Work required in order to
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classify a work as a Derivative Work; this extent is determined by copyright law
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applicable in the country mentioned in Article 15.
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− The Work: the Original Work and/or its Derivative Works.
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− The Source Code: the human-readable form of the Work which is the most
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convenient for people to study and modify.
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− The Executable Code: any code which has generally been compiled and which is
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meant to be interpreted by a computer as a program.
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− The Licensor: the natural or legal person that distributes and/or communicates the
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Work under the Licence.
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− Contributor(s): any natural or legal person who modifies the Work under the
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Licence, or otherwise contributes to the creation of a Derivative Work.
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− The Licensee or “You”: any natural or legal person who makes any usage of the
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Software under the terms of the Licence. − Distribution and/or Communication: any act of selling, giving, lending, renting,
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distributing, communicating, transmitting, or otherwise making available, on-line or
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off-line, copies of the Work at the disposal of any other natural or legal person.
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2. Scope of the rights granted by the Licence
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The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sub-licensable
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licence to do the following, for the duration of copyright vested in the Original Work:
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− use the Work in any circumstance and for all usage,
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− reproduce the Work,
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− modify the Original Work, and make Derivative Works based upon the Work,
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− communicate to the public, including the right to make available or display the Work
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or copies thereof to the public and perform publicly, as the case may be, the Work,
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− distribute the Work or copies thereof,
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− lend and rent the Work or copies thereof,
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− sub-license rights in the Work or copies thereof.
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Those rights can be exercised on any media, supports and formats, whether now known or
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later invented, as far as the applicable law permits so.
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In the countries where moral rights apply, the Licensor waives his right to exercise his moral
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right to the extent allowed by law in order to make effective the licence of the economic rights
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here above listed.
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The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any patents
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held by the Licensor, to the extent necessary to make use of the rights granted on the Work
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under this Licence.
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3. Communication of the Source Code
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The Licensor may provide the Work either in its Source Code form, or as Executable Code. If
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the Work is provided as Executable Code, the Licensor provides in addition a machinereadable copy of the Source Code of the Work along with each copy of the Work that the
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Licensor distributes or indicates, in a notice following the copyright notice attached to the
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Work, a repository where the Source Code is easily and freely accessible for as long as the
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Licensor continues to distribute and/or communicate the Work.
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4. Limitations on copyright
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Nothing in this Licence is intended to deprive the Licensee of the benefits from any exception
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or limitation to the exclusive rights of the rights owners in the Original Work or Software, of
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the exhaustion of those rights or of other applicable limitations thereto.
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5. Obligations of the Licensee
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The grant of the rights mentioned above is subject to some restrictions and obligations
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imposed on the Licensee. Those obligations are the following: Attribution right: the Licensee shall keep intact all copyright, patent or trademarks notices
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and all notices that refer to the Licence and to the disclaimer of warranties. The Licensee must
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include a copy of such notices and a copy of the Licence with every copy of the Work he/she
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distributes and/or communicates. The Licensee must cause any Derivative Work to carry
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prominent notices stating that the Work has been modified and the date of modification.
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Copyleft clause: If the Licensee distributes and/or communicates copies of the Original
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Works or Derivative Works based upon the Original Work, this Distribution and/or
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Communication will be done under the terms of this Licence. The Licensee (becoming
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Licensor) cannot offer or impose any additional terms or conditions on the Work or
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Derivative Work that alter or restrict the terms of the Licence.
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Compatibility clause: If the Licensee Distributes and/or Communicates Derivative Works or
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copies thereof based upon both the Original Work and another work licensed under a
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Compatible Licence, this Distribution and/or Communication can be done under the terms of
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this Compatible Licence. For the sake of this clause, “Compatible Licence” refers to the
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licences listed in the appendix attached to this Licence. Should the Licensee’s obligations
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under the Compatible Licence conflict with his/her obligations under this Licence, the
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obligations of the Compatible Licence shall prevail.
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Provision of Source Code: When distributing and/or communicating copies of the Work, the
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Licensee will provide a machine-readable copy of the Source Code or indicate a repository
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where this Source will be easily and freely available for as long as the Licensee continues to
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distribute and/or communicate the Work.
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Legal Protection: This Licence does not grant permission to use the trade names, trademarks,
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service marks, or names of the Licensor, except as required for reasonable and customary use
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in describing the origin of the Work and reproducing the content of the copyright notice.
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6. Chain of Authorship
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The original Licensor warrants that the copyright in the Original Work granted hereunder is
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owned by him/her or licensed to him/her and that he/she has the power and authority to grant
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the Licence.
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Each Contributor warrants that the copyright in the modifications he/she brings to the Work
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are owned by him/her or licensed to him/her and that he/she has the power and authority to
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grant the Licence.
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Each time You, as a Licensee, receive the Work, the original Licensor and subsequent
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Contributors grant You a licence to their contributions to the Work, under the terms of this
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Licence.
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7. Disclaimer of Warranty
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The Work is a work in progress, which is continuously improved by numerous contributors. It
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is not a finished work and may therefore contain defects or “bugs” inherent to this type of
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software development.
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For the above reason, the Work is provided under the Licence on an “as is” basis and without
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warranties of any kind concerning the Work, including without limitation merchantability,
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fitness for a particular purpose, absence of defects or errors, accuracy, non-infringement of
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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
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any rights to the Work.
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8. Disclaimer of Liability
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Except in the cases of wilful misconduct or damages directly caused to natural persons, the
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Licensor will in no event be liable for any direct or indirect, material or moral, damages of
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any kind, arising out of the Licence or of the use of the Work, including without limitation,
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damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data or
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any commercial damage, even if the Licensor has been advised of the possibility of such
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damage. However, the Licensor will be liable under statutory product liability laws as far such
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laws apply to the Work.
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9. Additional agreements
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While distributing the Original Work or Derivative Works, You may choose to conclude an
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additional agreement to offer, and charge a fee for, acceptance of support, warranty,
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indemnity, or other liability obligations and/or services consistent with this Licence.
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However, in accepting such obligations, You may act only on your own behalf and on your
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sole responsibility, not on behalf of the original Licensor or any other Contributor, and only if
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You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred
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by, or claims asserted against such Contributor by the fact You have accepted any such
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warranty or additional liability.
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10. Acceptance of the Licence
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The provisions of this Licence can be accepted by clicking on an icon “I agree” placed under
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the bottom of a window displaying the text of this Licence or by affirming consent in any
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other similar way, in accordance with the rules of applicable law. Clicking on that icon
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indicates your clear and irrevocable acceptance of this Licence and all of its terms and
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conditions.
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Similarly, you irrevocably accept this Licence and all of its terms and conditions by
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exercising any rights granted to You by Article 2 of this Licence, such as the use of the Work,
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the creation by You of a Derivative Work or the Distribution and/or Communication by You
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of the Work or copies thereof.
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11. Information to the public
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In case of any Distribution and/or Communication of the Work by means of electronic
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communication by You (for example, by offering to download the Work from a remote
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location) the distribution channel or media (for example, a website) must at least provide to
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the public the information requested by the applicable law regarding the identification and
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address of the Licensor, the Licence and the way it may be accessible, concluded, stored and
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reproduced by the Licensee.
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12. Termination of the Licence
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The Licence and the rights granted hereunder will terminate automatically upon any breach by
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the Licensee of the terms of the Licence.
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Such a termination will not terminate the licences of any person who has received the Work
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from the Licensee under the Licence, provided such persons remain in full compliance with
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the Licence. 13. Miscellaneous
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Without prejudice of Article 9 above, the Licence represents the complete agreement between
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the Parties as to the Work licensed hereunder.
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If any provision of the Licence is invalid or unenforceable under applicable law, this will not
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affect the validity or enforceability of the Licence as a whole. Such provision will be
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construed and/or reformed so as necessary to make it valid and enforceable.
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The European Commission may put into force translations and/or binding new versions of
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this Licence, so far this is required and reasonable. New versions of the Licence will be
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published with a unique version number. The new version of the Licence becomes binding for
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You as soon as You become aware of its publication.
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14. Jurisdiction
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Any litigation resulting from the interpretation of this License, arising between the European
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Commission, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court
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of Justice of the European Communities, as laid down in article 238 of the Treaty establishing
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the European Community.
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Any litigation arising between Parties, other than the European Commission, and resulting
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from the interpretation of this License, will be subject to the exclusive jurisdiction of the
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competent court where the Licensor resides or conducts its primary business.
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15. Applicable Law
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This Licence shall be governed by the law of the European Union country where the Licensor
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resides or has his registered office.
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This licence shall be governed by the Belgian law if:
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− a litigation arises between the European Commission, as a Licensor, and any
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Licensee;
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− the Licensor, other than the European Commission, has no residence or registered
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office inside a European Union country.
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===Appendix
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“Compatible Licences” according to article 5 EUPL are:
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− General Public License (GPL) v. 2
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− Open Software License (OSL) v. 2.1, v. 3.0
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− Common Public License v. 1.0
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− Eclipse Public License v. 1.0
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− Cecill v. 2.0
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