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346 lines
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346 lines
14 KiB
Plaintext
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---
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title: European Union Public License 1.1
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spdx-id: EUPL-1.1
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redirect_from: /licenses/eupl-v1.1/
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description: The “European Union Public Licence” (EUPL) is a copyleft free/open source software license created on the initiative of and approved by the European Commission in 22 official languages of the European Union.
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how: Create a text file (typically named COPYING or LICENCE.txt) in the root of your source code and copy the text of the license into the file.
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note: The European Commission recommends taking the additional step of adding a <a href="https://joinup.ec.europa.eu/sites/default/files/inline-files/EUPL%201_1%20Guidelines%20EN%20Joinup.pdf#page=17">boilerplate notice</a> to the top of each file.
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using:
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permissions:
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- commercial-use
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- modifications
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- distribution
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- patent-use
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- private-use
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conditions:
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- include-copyright
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- disclose-source
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- document-changes
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- network-use-disclose
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- same-license
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limitations:
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- liability
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- trademark-use
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- warranty
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---
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European Union Public Licence
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V. 1.1
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EUPL © the European Community 2007
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This European Union Public Licence (the “EUPL”) applies to the
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Work or Software (as defined below) which is provided under the terms of this
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Licence. Any use of the Work, other than as authorised under this Licence is
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prohibited (to the extent such use is covered by a right of the copyright
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holder of the Work).
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The Original Work is provided under the terms of this
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Licence when the Licensor (as defined below) has placed the following notice
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immediately following the copyright notice for the Original Work:
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Licensed under the EUPL V.1.1
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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
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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
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and/or communicated by the Licensor under this Licence, available as Source
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Code and also as Executable Code as the case may be.
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- Derivative Works:
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the works or software that could be created by the Licensee, based upon the
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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
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law 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
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is 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
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communicates the 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
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the Software under the terms of the Licence.
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- Distribution and/or Communication: any act of selling, giving, lending,
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renting, distributing, communicating, transmitting, or otherwise
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making available, on-line or off-line, copies of the Work or providing access
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to its essential functionalities at the disposal of any other natural or legal
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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,
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sub-licensable licence to do the following, for the duration of copyright
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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
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based upon the Work,
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- communicate to the public, including the right to make available or display
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the Work or copies thereof to the public and perform publicly, as the case
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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
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known or 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
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exercise his moral right to the extent allowed by law in order to make
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effective the licence of the economic rights here above listed.
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The Licensor grants to the Licensee royalty-free, non exclusive usage rights
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to any patents held by the Licensor, to the extent necessary to make use of
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the rights granted on the Work under this Licence.
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3. Communication of the Source Code
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The Licensor may provide the Work either
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in its Source Code form, or as Executable Code. If the Work is provided as
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Executable Code, the Licensor provides in addition a machine-readable copy of
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the Source Code of the Work along with each copy of the Work that the Licensor
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distributes or indicates, in a notice following the copyright notice attached
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to the Work, a repository where the Source Code is easily and freely
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accessible for as long as the Licensor continues to distribute and/or
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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
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from any exception or limitation to the exclusive rights of the rights owners
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in the Original Work or Software, of the exhaustion of those rights or of
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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
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obligations imposed on the Licensee. Those obligations are the following:
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Attribution right:
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the Licensee shall keep intact all copyright, patent or trademarks notices and
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all notices that refer to the Licence and to the disclaimer of warranties. The
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Licensee must include a copy of such notices and a copy of the Licence with
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every copy of the Work he/she distributes and/or communicates. The Licensee
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must cause any Derivative Work to carry prominent notices stating that the
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Work has been modified and the date of modification.
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Copyleft clause:
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If the Licensee distributes and/or communicates copies of the Original Works
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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 or of a later
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version of this Licence unless the Original Work is expressly distributed only
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under this version of the Licence. The Licensee (becoming Licensor) cannot
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offer or impose any additional terms or conditions on the Work or Derivative
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Work that alter or restrict the terms of the Licence.
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Compatibility clause:
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If the Licensee Distributes and/or Communicates Derivative Works or copies
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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
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the terms of this Compatible Licence. For the sake of this clause,
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“Compatible Licence” refers to the licences listed in the appendix
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attached to this Licence. Should the Licensee’s obligations under the
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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:
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When distributing and/or communicating copies of the Work, the Licensee
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will provide a machine-readable copy of the Source Code or indicate a
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repository where this Source will be easily and freely available for as long
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as the Licensee continues to distribute and/or communicate the Work.
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Legal Protection:
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This Licence does not grant permission to use the trade names,
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trademarks, service marks, or names of the Licensor, except as required for
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reasonable and customary use in describing the origin of the Work and
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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
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granted hereunder is owned by him/her or licensed to him/her and
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that he/she has the power and authority to grant the Licence.
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Each Contributor warrants that the copyright in the modifications he/she
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brings to the Work are owned by him/her or licensed to him/her and that
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he/she has the power and authority to grant the Licence.
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Each time You accept the Licence, the original Licensor and subsequent
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Contributors grant You a licence to their contributions to the Work, under
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the terms of this 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
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contributors. It is not a finished work and may therefore contain defects or
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“bugs” inherent to this type of software development.
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For the above reason, the Work is provided under the Licence on an “as is”
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basis and without warranties of any kind concerning the Work, including
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without limitation merchantability, fitness for a particular purpose, absence
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of defects or errors, accuracy, non-infringement of intellectual property
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rights other than copyright as stated in Article 6 of this Licence.
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This disclaimer of warranty is an essential part of the Licence and a
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condition for the grant of 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
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natural persons, the Licensor will in no event be liable for any direct or
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indirect, material or moral, damages of any kind, arising out of the Licence
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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,
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loss of data or any commercial damage, even if the Licensor has been advised
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of the possibility of such damage. However, the Licensor will be liable under
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statutory product liability laws as far such 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
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to conclude an additional agreement to offer, and charge a fee for,
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acceptance of support, warranty, indemnity, or other liability
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obligations and/or services consistent with this Licence. However, in
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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
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Contributor, and only if You agree to indemnify, defend, and hold each
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Contributor harmless for any liability incurred by, or claims asserted against
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such Contributor by the fact You have accepted any such warranty or additional
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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
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an icon “I agree” placed under the bottom of a window displaying the text of
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this Licence or by affirming consent in any other similar way, in accordance
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with the rules of applicable law. Clicking on that icon indicates your clear
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and irrevocable acceptance of this Licence and
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all of its terms and conditions.
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Similarly, you irrevocably accept this Licence and
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all of its terms and conditions by exercising any rights granted to You
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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
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Communication by You 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
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electronic communication by You (for example, by offering to download
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the Work from a remote location) the distribution channel or media (for
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example, a website) must at least provide to the public the information
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requested by the applicable law regarding the Licensor, the Licence and the
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way it may be accessible, concluded, stored and reproduced by the
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Licensee.
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12. Termination of the Licence
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The Licence and the rights granted hereunder will terminate automatically
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upon any breach by 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
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received the Work from the Licensee under the Licence, provided such persons
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remain in full compliance with the Licence.
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13. Miscellaneous
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Without prejudice of Article 9 above, the Licence represents the complete
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agreement between the Parties as to the Work licensed hereunder.
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If any provision of the Licence is invalid or unenforceable under applicable
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law, this will not affect the validity or enforceability of the Licence as a
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whole. Such provision will be construed and/or reformed so as necessary
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to make it valid and enforceable.
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The European Commission may publish other linguistic versions and/or new
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versions of this Licence, so far this is required and reasonable, without
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reducing the scope of the rights granted by the Licence.
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New versions of the Licence will be published with a unique version number.
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All linguistic versions of this Licence, approved by the European Commission,
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have identical value. Parties can take advantage of the linguistic version
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of their choice.
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14. Jurisdiction
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Any litigation resulting from the interpretation of this License, arising
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between the European Commission, as a Licensor, and any Licensee,
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will be subject to the jurisdiction of the Court of Justice of the
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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,
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and resulting from the interpretation of this License, will be subject to the
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exclusive jurisdiction of the competent court where the Licensor resides or
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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
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the Licensor 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
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registered office inside a European Union country.
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===
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Appendix
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“Compatible Licences” according to article 5 EUPL are:
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- GNU General Public License (GNU 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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