mirror of
https://github.com/nodemailer/wildduck.git
synced 2024-12-29 19:51:17 +08:00
287 lines
14 KiB
Text
287 lines
14 KiB
Text
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
|
||
|
||
In this Licence, the following terms have the following meaning:
|
||
|
||
- ‘The Licence’: this Licence.
|
||
|
||
- ‘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.
|
||
|
||
- ‘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 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 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’ 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.
|
||
|
||
2. Scope of the rights granted by the Licence
|
||
|
||
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:
|
||
|
||
- 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.
|
||
|
||
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 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
|
||
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 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 — 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.
|
||
|
||
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.
|
||
|
||
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.
|
||
|
||
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 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.
|
||
|
||
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 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 or reformed so as necessary to make it
|
||
valid and enforceable.
|
||
|
||
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.
|
||
|
||
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) 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.
|