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FREE SOFTWARE LICENSING AGREEMENT CeCILL Notice
FREE SOFTWARE LICENSING AGREEMENT CeCILL
Notice
This Agreement is a free software license that is the result of discussions
between its authors in order to ensure compliance with the two main principles
guiding its drafting:
- firstly, its conformity with French law, both as regards the law of torts
and intellectual property law, and the protection that it offers to authors
and the holders of economic rights over software.
- secondly, compliance with the principles for the distribution of free software:
access to source codes, extended user-rights.
The following bodies are the authors of this license CeCILL (Ce : CEA, C :
CNRS, I : INRIA, LL : Logiciel Libre):
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
industrial establishment, having its principal place of business at 31-33
rue de la Fédération, 75752 PARIS cedex 15, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and
technological establishment, having its principal place of business at 3 rue
Michel-Ange 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA,
a public scientific and technological establishment, having its principal
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
cedex.
PREAMBLE
PREAMBLE
The purpose of this Free Software Licensing Agreement is to grant users the
right to modify and redistribute the software governed by this license within
@@ -65,106 +57,74 @@ herefrom.
This Agreement may apply to any or all software for which the holder of the
economic rights decides to submit the operation thereof to its provisions.
Article 1 - DEFINITIONS
Article 1 - DEFINITIONS
For the purposes of this Agreement, when the following expressions commence
with a capital letter, they shall have the following meaning:
Agreement: means this Licensing Agreement, and any or all of its subsequent
versions.
Software: means the software in its Object Code and/or Source Code form and,
where applicable, its documentation, "as is" at the time when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and/or Object Code
form and, where applicable, its documentation, "as is" at the time when it
is distributed for the first time under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Contribution.
Source Code: means all the Software's instructions and program lines to which
access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the
Source Code.
Holder: means the holder of the economic rights over the Initial Software.
Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any or all other individual or legal entity,
that distributes the Software under the Agreement.
Contributions: mean any or all modifications, corrections, translations, adaptations
and/or new functionalities integrated into the Software by any or all Contributor,
and the Static Modules.
Module: means a set of sources files including their documentation that, once
compiled in executable form, enables supplementary functionalities or services
to be developed in addition to those offered by the Software.
Dynamic Module: means any or all module, created by the Contributor, that
is independent of the Software, so that this module and the Software are in
two different executable forms that are run in separate address spaces, with
one calling the other when they are run.
Static Module: means any or all module, created by the Contributor and connected
to the Software by a static link that makes their object codes interdependent.
This module and the Software to which it is connected, are combined in a single
executable.
Parties: mean both the Licensee and the Licensor.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
Article 2 - PURPOSE
The purpose of the Agreement is to enable the Licensor to grant the Licensee
a free, non-exclusive, transferable and worldwide License for the Software
as set forth in Article 5 hereinafter for the whole term of protection of
the rights over said Software.
Article 3 - ACCEPTANCE
Article 3 - ACCEPTANCE
3.1. The Licensee shall be deemed as having accepted the terms and conditions
of this Agreement by the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from
a remote server, or by loading from a physical medium;
(ii) the first time the Licensee exercises any of the rights granted hereunder.
3.2. One copy of the Agreement, containing a notice relating to the specific
@@ -173,14 +133,14 @@ use by experienced users has been provided to the Licensee prior to its acceptan
as set forth in Article 3.1 hereinabove, and the Licensee hereby acknowledges
that it is aware thereof.
Article 4 - EFFECTIVE DATE AND TERM
Article 4 - EFFECTIVE DATE AND TERM
4.1. EFFECTIVE DATE
4.1. EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by the
Licensee as set forth in Article 3.1.
4.2. TERM
4.2. TERM
The Agreement shall remain in force during the whole legal term of protection
of the economic rights over the Software.
@@ -195,24 +155,21 @@ Otherwise, the Licensor grants to the Licensee free of charge exploitation
rights on the patents he holds on whole or part of the inventions implemented
in the Software.
5.1. RIGHTS OF USE
5.1. RIGHTS OF USE
The Licensee is authorized to use the Software, unrestrictedly, as regards
the fields of application, with it being hereinafter specified that this relates
to:
1. permanent or temporary reproduction of all or part of the Software by any
or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or all medium.
3. entitlement to observe, study or test the operation thereof so as to establish
the ideas and principles that form the basis for any or all constituent elements
of said Software. This shall apply when the Licensee carries out any or all
loading, displaying, running, transmission or storage operation as regards
the Software, that it is entitled to carry out hereunder.
5.2. ENTITLEMENT TO MAKE CONTRIBUTIONS
5.2. entitlement to make CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt, arrange,
or make any or all modification to the Software, and the right to reproduce
@@ -222,7 +179,7 @@ The Licensee is authorized to make any or all Contribution to the Software
provided that it explicitly mentions its name as the author of said Contribution
and the date of the development thereof.
5.3. DISTRIBUTION AND PUBLICATION RIGHTS
5.3. DISTRIBUTION AND PUBLICATION RIGHTS
In particular, the right of distribution and publication includes the right
to transmit and communicate the Software to the general public on any or all
@@ -232,14 +189,13 @@ any or all process. The Licensee is further authorized to redistribute copies
of the modified or unmodified Software to third parties according to the terms
and conditions set forth hereinafter.
5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to redistribute true copies of the Software in
Source Code or Object Code form, provided that said redistribution complies
with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
@@ -249,7 +205,7 @@ Source Code by providing them with the terms and conditions for access thereto,
it being understood that the additional cost of acquiring the Source Code
shall not exceed the cost of transferring the data.
5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes a Contribution to the Software, the terms and conditions
for the redistribution of the Modified Software shall then be subject to all
@@ -259,8 +215,7 @@ The Licensee is authorized to redistribute the Modified Software, in Source
Code or Object Code form, provided that said redistribution complies with
all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
@@ -270,13 +225,13 @@ full Source Code by providing them with the terms and conditions for access
thereto, it being understood that the additional cost of acquiring the Source
Code shall not exceed the cost of transferring the data.
5.3.3. REDISTRIBUTION OF DYNAMIC MODULES
5.3.3. redistribution OF DYNAMIC MODULES
When the Licensee has developed a Dynamic Module, the terms and conditions
hereof do not apply to said Dynamic Module, that may be distributed under
a separate Licensing Agreement.
5.3.4. COMPATIBILITY WITH THE GPL LICENSE
5.3.4. COMPATIBILITY WITH THE GPL LICENSE
In the event that the Modified or unmodified Software is included in a code
that is subject to the provisions of the GPL License, the Licensee is authorized
@@ -286,9 +241,9 @@ In the event that the Modified Software includes a code that is subject to
the provisions of the GPL License, the Licensee is authorized to redistribute
the Modified Software under the GPL License.
Article 6 - INTELLECTUAL PROPERTY
Article 6 - INTELLECTUAL PROPERTY
6.1. OVER THE INITIAL SOFTWARE
6.1. OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or all
use of the Initial Software is subject to compliance with the terms and conditions
@@ -300,37 +255,32 @@ The Holder undertakes to maintain the distribution of the Initial Software
under the conditions of the Agreement, for the duration set forth in article
4.2..
6.2. OVER THE CONTRIBUTIONS
6.2. OVER THE CONTRIBUTIONS
The intellectual property rights over the Contributions belong to the holder
of the economic rights as designated by effective legislation.
6.3. OVER THE DYNAMIC MODULES
6.3. OVER THE DYNAMIC MODULES
The Licensee having developed a Dynamic Module is the holder of the intellectual
property rights over said Dynamic Module and is free to choose the agreement
that shall govern its distribution.
6.4. JOINT PROVISIONS
6.4. JOINT PROVISIONS
6.4.1. The Licensee expressly undertakes:
6.4.1. The Licensee expressly undertakes:
1. not to remove, or modify, in any or all manner, the intellectual property
notices affixed to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the
Software.
6.4.2. The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors and to take,
where applicable, vis-à-vis its staff, any or all measures required to ensure
respect for said intellectual property rights of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
Article 7 - RELATED SERVICES
7.1. Under no circumstances shall the Agreement oblige the Licensor to provide
technical assistance or maintenance services for the Software.
@@ -347,7 +297,7 @@ under terms and conditions that it shall decide upon itself. Said warranty,
and the financial terms and conditions of its application, shall be subject
to a separate instrument executed between the Licensor and the Licensee.
Article 8 - LIABILITY
Article 8 - LIABILITY
8.1. Subject to the provisions of Article 8.2, should the Licensor fail to
fulfill all or part of its obligations hereunder, the Licensee shall be entitled
@@ -367,7 +317,7 @@ activities) or any or all legal proceedings instituted against the Licensee
by a third party, shall constitute consequential loss and shall not provide
entitlement to any or all compensation from the Licensor.
Article 9 - WARRANTY
Article 9 - WARRANTY
9.1. The Licensee acknowledges that the current situation as regards scientific
and technical know-how at the time when the Software was distributed did not
@@ -409,7 +359,7 @@ as regards the Licensee's use of the Software's name. No warranty shall be
provided as regards the existence of prior rights over the name of the Software
and as regards the existence of a trademark.
Article 10 - TERMINATION
Article 10 - TERMINATION
10.1. In the event of a breach by the Licensee of its obligations hereunder,
the Licensor may automatically terminate this Agreement thirty (30) days after
@@ -421,9 +371,9 @@ it may have granted prior to termination of the Agreement shall remain valid
subject to their having been granted in compliance with the terms and conditions
hereof.
Article 11 - MISCELLANEOUS PROVISIONS
Article 11 - MISCELLANEOUS PROVISIONS
11.1. EXCUSABLE EVENTS
11.1. EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to perform
the Agreement, that may be attributable to an event of force majeure, an act
@@ -453,12 +403,12 @@ provisions shall remain effective. Similarly, the fact that a provision of
the Agreement may be null and void, for any reason whatsoever, shall not cause
the Agreement as a whole to be null and void.
11.5. LANGUAGE
11.5. LANGUAGE
The Agreement is drafted in both French and English. In the event of a conflict
as regards construction, the French version shall be deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1. Any or all person is authorized to duplicate and distribute copies of
this Agreement.
@@ -473,7 +423,7 @@ by Free Software.
may only be subsequently distributed under the same version of the Agreement,
or a subsequent version, subject to the provisions of article 5.3.4.
Article 13 - GOVERNING LAW AND JURISDICTION
Article 13 - GOVERNING LAW AND JURISDICTION
13.1. The Agreement is governed by French law. The Parties agree to endeavor
to settle the disagreements or disputes that may arise during the performance
@@ -484,4 +434,4 @@ from their occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having jurisdiction,
by the first Party to take action.
Version 1.1 of 10/26/2004
Version 1.1 of 10/26/2004