[License-review] Update of the EUPL (OSI approved in 2009)

[Patrice-Emmanuel Schmitz]

Dear all,

The European Commission has launched a revision process for the EUPL
(European Union Public Licence).
The current version is 1.1 (OSI-approved in March 2009)
https://joinup.ec.europa.eu/software/page/eupl
The new version (TXT file hereunder) includes little changes but increases
interoperability:
- Terminology revised according to the Lisbon treaty;
- Clarification concerning additional agreements and jurisdiction;
- Interoperability extended to GPLv3, AGPLv3, MPLv2, LGPLv2.1 & v3.
A pdf version where all changes (v1.1 -> v1.2) are visible and a Working
Paper are available on the public consultation forum page:
https://joinup.ec.europa.eu/community/eupl/topic/public-consultation-draft-eupl-v12
.
The public consultation was initiated mid December, will end on 15 march.
EC has already considered comments and will consider other suggestions as
the case may be.
Acting for the license steward EC (they asked me to do this), I submit the
attached draft version 1.2.
All subsequent modifications (if any other, after public consultation) will
be reported to License review and published on the public consultation
forum.
Remarks can also be done directly on the forum, allowing more visibility by
the community.


Kind regards,
Patrice-Emmanuel Schmitz
legal expert, Joinup.eu
pe.schmitz at googlemail.com


European Union Public Licence
V. 1.2


EUPL © the European Union 2007, 2012


This European Union Public Licence (the “EUPL”) applies to the Work (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

or has expressed by any other means 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: the work or 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 Work 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, 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 or communicates copies of the
Original Works or Derivative Works, this Distribution 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 or Communicates
Derivative Works or copies thereof based upon both the Original Work and
another work  licensed under a Compatible Licence, this Distribution 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 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, defining obligations and/or services
consistent with this Licence. However, if accepting 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 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 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.

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 and/or updated versions of the Appendix, 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

Without prejudice to specific agreement between parties,
- any litigation resulting from the interpretation of this License, arising
between the European Union institutions, bodies, offices or agencies, as a
Licensor, and any Licensee, will be subject to the jurisdiction of the
Court of Justice of the European Union, as laid down in article 272 of the
Treaty on the Functioning of the European Union,
- any litigation arising between other 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.

15. Applicable Law

Without prejudice to specific agreement between parties,
- this Licence shall be governed by the law of the European Union Member
State where the Licensor has his seat, resides or has his registered office,
- this licence shall be governed by Belgian law if the Licensor has no
seat, residence or registered office inside a European Union Member State.

===


Appendix



“Compatible Licences” according to Article 5 EUPL are:


- GNU General Public License (GPL) v. 2, v. 3

- GNU Affero General Public License (AGPL) v. 3

- Open Software License (OSL) v. 2.1, v. 3.0


- Eclipse Public License (EPL) v. 1.0

- Cecill v. 2.0, v.2.1

- Mozilla Public Licence (MPL) v. 2

- GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3

- Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0)
for works other than software

- European Union Public Licence (EUPL), any version as from v. 1.1

The European Commission may:
- update this Appendix to later versions of the above licences without
producing a new version of the EUPL.
- extend this Appendix to new licences providing the rights granted in
Article 2 of this Licence and protecting the covered Source Code from
exclusive appropriation.
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