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European Union Public License 0.2-en (draft) [2005] PubRL 4 (1 January 2005)

European Union Public License (Draft)

Version: 0.2-en

Copyright: 2005 the European Community

URL: http://ec.europa.eu/idabc/servlets/Doc?id=24720

Type: Software

Media: Software

Country: International

Licence text
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 V0.2
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 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.
- 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.

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 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.
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 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.
•Compatibility clause: If the Licensee distributes and/or communicates
Derivative Works 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.
•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 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, as a Licensee, receive the Work, 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

physical 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 applies 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

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 identification and address of 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 put into force translations and/or binding new

versions of this Licence, so far this is required and reasonable. New versions

of the Licence will be published with a unique version number. The new

version of the Licence becomes binding for You as soon as You become aware

of its publication.
14. Jurisdiction
Any litigation arising between parties, 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.

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.
15. Applicable Law
This Licence shall be governed by the law of the country where the Licensor

resides or has his registered office.