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EUPL v.1.1
Version: 1.1
Copyright: European Community 2007
URL: http://ec.europa.eu/idabc/eupl
Type: Software
Media: pdf
Country: European Union (translated to all official languages)
Licence text
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.
_________
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
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