meta: relicense under EUPL v1.2

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Change-Id: Ibee59f6778452c7c82f0046a5c44f3306a6a6964
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Mozilla Public License, version 2.0
EUROPEAN UNION PUBLIC LICENCE v. 1.2
EUPL © the European Union 2007, 2016
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 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 Work:
Licensed under the EUPL
or has expressed by any other means his willingness to license under the EUPL.
1. Definitions
1.1. “Contributor”
means each individual or legal entity that creates, contributes to the
creation of, or owns Covered Software.
In this Licence, the following terms have the following meaning:
1.2. “Contributor Version”
means the combination of the Contributions of others (if any) used by a
Contributor and that particular Contributors Contribution.
- The Licence: this Licence.
1.3. “Contribution”
means Covered Software of a particular Contributor.
- The Original Work: the work or software distributed or communicated by the
Licensor under this Licence, available as Source Code and also as Executable
Code as the case may be.
1.4. “Covered Software”
means Source Code Form to which the initial Contributor has attached the
notice in Exhibit A, the Executable Form of such Source Code Form,
and Modifications of such Source Code Form, in each case
including portions thereof.
- 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.
1.5. “Incompatible With Secondary Licenses”
means
- The Work: the Original Work or its Derivative Works.
a. that the initial Contributor has attached the notice described
in Exhibit B to the Covered Software; or
- The Source Code: the human-readable form of the Work which is the most
convenient for people to study and modify.
b. that the Covered Software was made available under the terms of
version 1.1 or earlier of the License, but not also under the terms
of a Secondary License.
- The Executable Code: any code which has generally been compiled and which is
meant to be interpreted by a computer as a program.
1.6. “Executable Form”
means any form of the work other than Source Code Form.
- The Licensor: the natural or legal person that distributes or communicates
the Work under the Licence.
1.7. “Larger Work”
means a work that combines Covered Software with other material,
in a separate file or files, that is not Covered Software.
- Contributor(s): any natural or legal person who modifies the Work under the
Licence, or otherwise contributes to the creation of a Derivative Work.
1.8. “License”
means this document.
- The Licensee or You: any natural or legal person who makes any usage of
the Work under the terms of the Licence.
1.9. “Licensable”
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently,
any and all of the rights conveyed by this License.
- Distribution or Communication: any act of selling, giving, lending,
renting, distributing, communicating, transmitting, or otherwise making
available, online or offline, copies of the Work or providing access to its
essential functionalities at the disposal of any other natural or legal
person.
1.10. “Modifications”
means any of the following:
2. Scope of the rights granted by the Licence
a. any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered Software; or
The Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
sublicensable licence to do the following, for the duration of copyright vested
in the Original Work:
b. any new file in Source Code Form that contains any Covered Software.
- use the Work in any circumstance and for all usage,
- reproduce the Work,
- modify the 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,
- sublicense rights in the Work or copies thereof.
1.11. “Patent Claims” of a Contributor
means any patent claim(s), including without limitation, method, process,
and apparatus claims, in any patent Licensable by such Contributor that
would be infringed, but for the grant of the License, by the making,
using, selling, offering for sale, having made, import, or transfer of
either its Contributions or its Contributor Version.
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.
1.12. “Secondary License”
means either the GNU General Public License, Version 2.0, the
GNU Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those licenses.
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.
1.13. “Source Code Form”
means the form of the work preferred for making modifications.
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.
1.14. “You” (or “Your”)
means an individual or a legal entity exercising rights under this License.
For legal entities, “You” includes any entity that controls,
is controlled by, or is under common control with You. For purposes of
this definition, “control” means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether by contract
or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
3. Communication of the Source Code
2. License Grants and Conditions
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 or communicate the Work.
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
4. Limitations on copyright
a. under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications,
or as part of a Larger Work; and
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
Work, of the exhaustion of those rights or of other applicable limitations
thereto.
b. under Patent Claims of such Contributor to make, use, sell,
offer for sale, have made, import, and otherwise transfer either
its Contributions or its Contributor Version.
5. Obligations of the Licensee
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor
first distributes such Contribution.
The grant of the rights mentioned above is subject to some restrictions and
obligations imposed on the Licensee. Those obligations are the following:
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted
under this License. No additional rights or licenses will be implied
from the distribution or licensing of Covered Software under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted
by a Contributor:
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 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.
a. for any code that a Contributor has removed from
Covered Software; or
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 — for example by communicating EUPL v. 1.2 only. 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.
b. for infringements caused by: (i) Your and any other third partys
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its
Contributor Version); or
Compatibility clause: If the Licensee Distributes or Communicates Derivative
Works or copies thereof based upon both the 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.
c. under Patent Claims infringed by Covered Software in the
absence of its Contributions.
Provision of Source Code: When distributing 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 or communicate the Work.
This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).
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.
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License
(if permitted under the terms of Section 3.3).
6. Chain of Authorship
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
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.
2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing,
or other equivalents.
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.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the
licenses granted in Section 2.1.
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.
3. Responsibilities
7. Disclaimer of Warranty
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including
any Modifications that You create or to which You contribute, must be
under the terms of this License. You must inform recipients that the
Source Code Form of the Covered Software is governed by the terms
of this License, and how they can obtain a copy of this License.
You may not attempt to alter or restrict the recipients rights
in the Source Code Form.
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.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
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.
a. such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more than
the cost of distribution to the recipient; and
This disclaimer of warranty is an essential part of the Licence and a condition
for the grant of any rights to the Work.
b. You may distribute such Executable Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable Form does not attempt to limit or alter
the recipients rights in the Source Code Form under this License.
8. Disclaimer of Liability
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software. If the Larger Work is a combination of
Covered Software with a work governed by one or more Secondary Licenses,
and the Covered Software is not Incompatible With Secondary Licenses,
this License permits You to additionally distribute such Covered Software
under the terms of such Secondary License(s), so that the recipient of
the Larger Work may, at their option, further distribute the
Covered Software under the terms of either this License or such
Secondary License(s).
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.
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.
9. Additional agreements
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
Covered Software. However, You may do so only on Your own behalf,
and not on behalf of any Contributor. You must make it absolutely clear
that any such warranty, support, indemnity, or liability obligation is
offered by You alone, and You hereby agree to indemnify every Contributor
for any liability incurred by such Contributor as a result of warranty,
support, indemnity or liability terms You offer. You may include
additional disclaimers of warranty and limitations of liability
specific to any jurisdiction.
While distributing the Work, You may choose to conclude an additional agreement,
defining obligations 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.
4. Inability to Comply Due to Statute or Regulation
10. Acceptance of the Licence
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Software due to statute,
judicial order, or regulation then You must: (a) comply with the terms of
this License to the maximum extent possible; and (b) describe the limitations
and the code they affect. Such description must be placed in a text file
included with all distributions of the Covered Software under this License.
Except to the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill
to be able to understand it.
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.
5. Termination
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.
5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means,
this is the first time You have received notice of non-compliance with
this License from such Contributor, and You become compliant prior to
30 days after Your receipt of the notice.
11. Information to the public
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted
to You by any and all Contributors for the Covered Software under
Section 2.1 of this License shall terminate.
In case of any Distribution 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.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
12. Termination of the Licence
6. Disclaimer of Warranty
The Licence and the rights granted hereunder will terminate automatically upon
any breach by the Licensee of the terms of the Licence.
Covered Software is provided under this License on an “as is” basis, without
warranty of any kind, either expressed, implied, or statutory, including,
without limitation, warranties that the Covered Software is free of defects,
merchantable, fit for a particular purpose or non-infringing. The entire risk
as to the quality and performance of the Covered Software is with You.
Should any Covered Software prove defective in any respect, You
(not any Contributor) assume the cost of any necessary servicing, repair,
or correction. This disclaimer of warranty constitutes an essential part of
this License. No use of any Covered Software is authorized under this
License except under this disclaimer.
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.
7. Limitation of Liability
13. Miscellaneous
Under no circumstances and under no legal theory, whether tort
(including negligence), contract, or otherwise, shall any Contributor, or
anyone who distributes Covered Software as permitted above, be liable to
You for any direct, indirect, special, incidental, or consequential damages
of any character including, without limitation, damages for lost profits,
loss of goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses, even if such party shall have been
informed of the possibility of such damages. This limitation of liability
shall not apply to liability for death or personal injury resulting from
such partys negligence to the extent applicable law prohibits such
limitation. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so this exclusion and limitation may
not apply to You.
Without prejudice of Article 9 above, the Licence represents the complete
agreement between the Parties as to the Work.
8. Litigation
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 or reformed so as necessary to make it
valid and enforceable.
Any litigation relating to this License may be brought only in the courts of
a jurisdiction where the defendant maintains its principal place of business
and such litigation shall be governed by laws of that jurisdiction, without
reference to its conflict-of-law provisions. Nothing in this Section shall
prevent a partys ability to bring cross-claims or counter-claims.
The European Commission may publish other linguistic versions or new versions of
this Licence 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.
9. Miscellaneous
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.
This License represents the complete agreement concerning the subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not be used to construe
this License against a Contributor.
14. Jurisdiction
10. Versions of the License
Without prejudice to specific agreement between parties,
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in
Section 10.3, no one other than the license steward has the right to
modify or publish new versions of this License. Each version will be
given a distinguishing version number.
- 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,
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered Software,
or under the terms of any subsequent version published
by the license steward.
- 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.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a modified
version of this License if you rename the license and remove any
references to the name of the license steward (except to note that such
modified license differs from this License).
15. Applicable Law
10.4. Distributing Source Code Form that is
Incompatible With Secondary Licenses
If You choose to distribute Source Code Form that is
Incompatible With Secondary Licenses under the terms of this version of
the License, the notice described in Exhibit B of this
License must be attached.
Without prejudice to specific agreement between parties,
Exhibit A - Source Code Form License Notice
- 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 Source Code Form is subject to the terms of the
Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed
with this file, You can obtain one at http://mozilla.org/MPL/2.0/.
- this licence shall be governed by Belgian law if the Licensor has no seat,
residence or registered office inside a European Union Member State.
If it is not possible or desirable to put the notice in a particular file,
then You may include the notice in a location (such as a LICENSE file in a
relevant directory) where a recipient would be likely to
look for such a notice.
Appendix
You may add additional accurate notices of copyright ownership.
Compatible Licences according to Article 5 EUPL are:
Exhibit B - “Incompatible With Secondary Licenses” Notice
- 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) v. 1.1, v. 1.2
- Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong
Reciprocity (LiLiQ-R+).
The European Commission may update this Appendix to later versions of the above
licences without producing a new version of the EUPL, as long as they provide
the rights granted in Article 2 of this Licence and protect the covered Source
Code from exclusive appropriation.
All other changes or additions to this Appendix require the production of a new
EUPL version.
This Source Code Form is “Incompatible With Secondary Licenses”,
as defined by the Mozilla Public License, v. 2.0.