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eupl-1.1.txt
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eupl-1.1.txt
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---
title: European Union Public License 1.1
nickname: EUPL-1.1
tab-slug: eupl-v1.1
redirect_from: /licenses/eupl-v1.1/
family: EUPL
featured: false
source: https://joinup.ec.europa.eu/community/eupl/og_page/european-union-public-licence-eupl-v11
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.
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.
note: The European Commission recommends taking the additional step of adding a boilerplate notice to the top of each file. The boilerplate can be found at https://joinup.ec.europa.eu/sites/default/files/ckeditor_files/files/EUPL%201_1%20Guidelines%20EN%20Joinup.pdf
required:
- include-copyright
- disclose-source
- document-changes
- network-use-disclose
permitted:
- commercial-use
- modifications
- distribution
- patent-use
- private-use
forbidden:
- no-liability
- trademark-use
---
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,
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 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