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CeCILL FREE SOFTWARE LICENSE AGREEMENT Notice
|
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|
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This Agreement is a Free Software license agreement that is the result of
|
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discussions between its authors in order to ensure compliance with the two
|
||||
main principles guiding its drafting:
|
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CeCILL FREE SOFTWARE LICENSE AGREEMENT
|
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|
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* firstly, compliance with the principles governing the distribution of Free
|
||||
Software: access to source code, broad rights granted to users,
|
||||
|
||||
* secondly, the election of a governing law, French law, with which it is
|
||||
conformant, both as regards the law of torts and intellectual property law,
|
||||
and the protection that it offers to both authors and holders of the economic
|
||||
rights over software.
|
||||
Notice
|
||||
|
||||
The authors of the CeCILL¹ license are:
|
||||
This Agreement is a Free Software license agreement that is the result
|
||||
of discussions between its authors in order to ensure compliance with
|
||||
the two main principles guiding its drafting:
|
||||
|
||||
|
||||
* firstly, compliance with the principles governing the distribution
|
||||
of Free Software: access to source code, broad rights granted to
|
||||
users,
|
||||
* secondly, the election of a governing law, French law, with which
|
||||
it is conformant, both as regards the law of torts and
|
||||
intellectual property law, and the protection that it offers to
|
||||
both authors and holders of the economic rights over software.
|
||||
|
||||
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
|
||||
industrial research establishment, having its principal place of business
|
||||
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
|
||||
The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
|
||||
license are:
|
||||
|
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|
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Commissariat à l'Energie Atomique - CEA, a public scientific, technical
|
||||
and industrial research establishment, having its principal place of
|
||||
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, 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.
|
||||
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.
|
||||
|
||||
|
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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, France.
|
||||
|
||||
Institut National de Recherche en Informatique et en Automatique - INRIA,
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||||
a public scientific and technological establishment, having its principal
|
||||
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
|
||||
cedex, France.
|
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|
||||
Preamble The purpose of this Free Software license agreement is to grant users
|
||||
the right to modify and redistribute the software governed by this license
|
||||
within the framework of an open source distribution model.
|
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Preamble
|
||||
|
||||
The exercising of these rights is conditional upon certain obligations for
|
||||
users so as to preserve this status for all subsequent redistributions.
|
||||
The purpose of this Free Software license agreement is to grant users
|
||||
the right to modify and redistribute the software governed by this
|
||||
license within the framework of an open source distribution model.
|
||||
|
||||
In consideration of access to the source code and the rights to copy, modify
|
||||
and redistribute granted by the license, users are provided only with a limited
|
||||
warranty and the software's author, the holder of the economic rights, and
|
||||
the successive licensors only have limited liability.
|
||||
The exercising of these rights is conditional upon certain obligations
|
||||
for users so as to preserve this status for all subsequent redistributions.
|
||||
|
||||
In this respect, the risks associated with loading, using, modifying and/or
|
||||
developing or reproducing the software by the user are brought to the user's
|
||||
attention, given its Free Software status, which may make it complicated to
|
||||
use, with the result that its use is reserved for developers and experienced
|
||||
professionals having in-depth computer knowledge. Users are therefore encouraged
|
||||
to load and test the suitability of the software as regards their requirements
|
||||
in conditions enabling the security of their systems and/or data to be ensured
|
||||
and, more generally, to use and operate it in the same conditions of security.
|
||||
This Agreement may be freely reproduced and published, provided it is not
|
||||
altered, and that no provisions are either added or removed herefrom.
|
||||
In consideration of access to the source code and the rights to copy,
|
||||
modify and redistribute granted by the license, users are provided only
|
||||
with a limited warranty and the software's author, the holder of the
|
||||
economic rights, and the successive licensors only have limited liability.
|
||||
|
||||
This Agreement may apply to any or all software for which the holder of the
|
||||
economic rights decides to submit the use thereof to its provisions.
|
||||
In this respect, the risks associated with loading, using, modifying
|
||||
and/or developing or reproducing the software by the user are brought to
|
||||
the user's attention, given its Free Software status, which may make it
|
||||
complicated to use, with the result that its use is reserved for
|
||||
developers and experienced professionals having in-depth computer
|
||||
knowledge. Users are therefore encouraged to load and test the
|
||||
suitability of the software as regards their requirements in conditions
|
||||
enabling the security of their systems and/or data to be ensured and,
|
||||
more generally, to use and operate it in the same conditions of
|
||||
security. This Agreement may be freely reproduced and published,
|
||||
provided it is not altered, and that no provisions are either added or
|
||||
removed herefrom.
|
||||
|
||||
Article 1 - DEFINITIONS
|
||||
This Agreement may apply to any or all software for which the holder of
|
||||
the economic rights decides to submit the use thereof to its provisions.
|
||||
|
||||
For the purpose of this Agreement, when the following expressions commence
|
||||
with a capital letter, they shall have the following meaning:
|
||||
|
||||
|
||||
Article 1 - DEFINITIONS
|
||||
|
||||
Agreement: means this license agreement, and its possible subsequent versions
|
||||
and annexes.
|
||||
For the purpose of this Agreement, when the following expressions
|
||||
commence with a capital letter, they shall have the following meaning:
|
||||
|
||||
|
||||
Agreement: means this license agreement, and its possible subsequent
|
||||
versions and annexes.
|
||||
|
||||
Software: means the software in its Object Code and/or Source Code form and,
|
||||
where applicable, its documentation, "as is" when the Licensee accepts the
|
||||
Agreement.
|
||||
Software: means the software in its Object Code and/or Source Code form
|
||||
and, where applicable, its documentation, "as is" when the Licensee
|
||||
accepts the Agreement.
|
||||
|
||||
|
||||
Initial Software: means the Software in its Source Code and possibly its
|
||||
Object Code form and, where applicable, its documentation, "as is" when
|
||||
it is first distributed under the terms and conditions of the Agreement.
|
||||
|
||||
Initial Software: means the Software in its Source Code and possibly its Object
|
||||
Code form and, where applicable, its documentation, "as is" when it is first
|
||||
distributed 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.
|
||||
|
||||
Modified Software: means the Software modified by at least one Contribution.
|
||||
Object Code: means the binary files originating from the compilation of
|
||||
the Source Code.
|
||||
|
||||
|
||||
Holder: means the holder(s) of the economic rights over the Initial
|
||||
Software.
|
||||
|
||||
Source Code: means all the Software's instructions and program lines to which
|
||||
access is required so as to modify the Software.
|
||||
Licensee: means the Software user(s) having accepted the Agreement.
|
||||
|
||||
|
||||
Contributor: means a Licensee having made at least one Contribution.
|
||||
|
||||
Object Code: means the binary files originating from the compilation of the
|
||||
Source Code.
|
||||
Licensor: means the Holder, or any other individual or legal entity, who
|
||||
distributes the Software under the Agreement.
|
||||
|
||||
|
||||
Contribution: means any or all modifications, corrections, translations,
|
||||
adaptations and/or new functions integrated into the Software by any or
|
||||
all Contributors, as well as any or all Internal Modules.
|
||||
|
||||
Holder: means the holder(s) of the economic rights over the Initial Software.
|
||||
Module: means a set of sources files including their documentation that
|
||||
enables supplementary functions or services in addition to those offered
|
||||
by the Software.
|
||||
|
||||
|
||||
External Module: means any or all Modules, not derived from the
|
||||
Software, so that this Module and the Software run in separate address
|
||||
spaces, with one calling the other when they are run.
|
||||
|
||||
Licensee: means the Software user(s) having accepted the Agreement.
|
||||
Internal Module: means any or all Module, connected to the Software so
|
||||
that they both execute in the same address space.
|
||||
|
||||
|
||||
GNU GPL: means the GNU General Public License version 2 or any
|
||||
subsequent version, as published by the Free Software Foundation Inc.
|
||||
|
||||
Contributor: means a Licensee having made at least one Contribution.
|
||||
Parties: mean both the Licensee and the Licensor.
|
||||
|
||||
|
||||
These expressions may be used both in singular and plural form.
|
||||
|
||||
Licensor: means the Holder, or any other individual or legal entity, who distributes
|
||||
the Software under the Agreement.
|
||||
|
||||
|
||||
Article 2 - PURPOSE
|
||||
|
||||
Contribution: means any or all modifications, corrections, translations, adaptations
|
||||
and/or new functions integrated into the Software by any or all Contributors,
|
||||
as well as any or all Internal Modules.
|
||||
The purpose of the Agreement is the grant by the Licensor to the
|
||||
Licensee of a non-exclusive, transferable and worldwide license for the
|
||||
Software as set forth in Article 5 hereinafter for the whole term of the
|
||||
protection granted by the rights over said Software.
|
||||
|
||||
|
||||
|
||||
Module: means a set of sources files including their documentation that enables
|
||||
supplementary functions or services in addition to those offered by the Software.
|
||||
Article 3 - ACCEPTANCE
|
||||
|
||||
|
||||
3.1 The Licensee shall be deemed as having accepted the terms and
|
||||
conditions of this Agreement upon the occurrence of the first of the
|
||||
following events:
|
||||
|
||||
External Module: means any or all Modules, not derived from the Software,
|
||||
so that this Module and the Software run in separate address spaces, with
|
||||
one calling the other when they are run.
|
||||
* (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
|
||||
characteristics of the Software, to the limited warranty, and to the
|
||||
fact that its use is restricted to experienced users has been provided
|
||||
to the Licensee prior to its acceptance as set forth in Article 3.1
|
||||
hereinabove, and the Licensee hereby acknowledges that it has read and
|
||||
understood it.
|
||||
|
||||
Internal Module: means any or all Module, connected to the Software so that
|
||||
they both execute in the same address space.
|
||||
|
||||
|
||||
Article 4 - EFFECTIVE DATE AND TERM
|
||||
|
||||
GNU GPL: means the GNU General Public License version 2 or any subsequent
|
||||
version, as published by the Free Software Foundation Inc.
|
||||
|
||||
|
||||
|
||||
Parties: mean both the Licensee and the Licensor.
|
||||
|
||||
These expressions may be used both in singular and plural form.
|
||||
|
||||
Article 2 - PURPOSE
|
||||
|
||||
The purpose of the Agreement is the grant by the Licensor to the Licensee
|
||||
of a non-exclusive, transferable and worldwide license for the Software as
|
||||
set forth in Article 5 hereinafter for the whole term of the protection granted
|
||||
by the rights over said Software.
|
||||
|
||||
Article 3 - ACCEPTANCE
|
||||
|
||||
3.1 The Licensee shall be deemed as having accepted the terms and conditions
|
||||
of this Agreement upon 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 characteristics
|
||||
of the Software, to the limited warranty, and to the fact that its use is
|
||||
restricted to experienced users has been provided to the Licensee prior to
|
||||
its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby
|
||||
acknowledges that it has read and understood it.
|
||||
|
||||
Article 4 - EFFECTIVE DATE AND TERM
|
||||
|
||||
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.
|
||||
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
|
||||
|
||||
The Agreement shall remain in force for the entire legal term of protection
|
||||
of the economic rights over the Software.
|
||||
The Agreement shall remain in force for the entire legal term of
|
||||
protection of the economic rights over the Software.
|
||||
|
||||
Article 5 - SCOPE OF RIGHTS GRANTED
|
||||
|
||||
The Licensor hereby grants to the Licensee, who accepts, the following rights
|
||||
over the Software for any or all use, and for the term of the Agreement, on
|
||||
the basis of the terms and conditions set forth hereinafter.
|
||||
Article 5 - SCOPE OF RIGHTS GRANTED
|
||||
|
||||
The Licensor hereby grants to the Licensee, who accepts, the following
|
||||
rights over the Software for any or all use, and for the term of the
|
||||
Agreement, on the basis of the terms and conditions set forth hereinafter.
|
||||
|
||||
Besides, if the Licensor owns or comes to own one or more patents
|
||||
protecting all or part of the functions of the Software or of its
|
||||
components, the Licensor undertakes not to enforce the rights granted by
|
||||
these patents against successive Licensees using, exploiting or
|
||||
modifying the Software. If these patents are transferred, the Licensor
|
||||
undertakes to have the transferees subscribe to the obligations set
|
||||
forth in this paragraph.
|
||||
|
||||
Besides, if the Licensor owns or comes to own one or more patents protecting
|
||||
all or part of the functions of the Software or of its components, the Licensor
|
||||
undertakes not to enforce the rights granted by these patents against successive
|
||||
Licensees using, exploiting or modifying the Software. If these patents are
|
||||
transferred, the Licensor undertakes to have the transferees subscribe to
|
||||
the obligations set forth in this paragraph.
|
||||
|
||||
5.1 RIGHT OF USE
|
||||
|
||||
The Licensee is authorized to use the Software, without any limitation as
|
||||
to its fields of application, with it being hereinafter specified that this
|
||||
comprises:
|
||||
The Licensee is authorized to use the Software, without any limitation
|
||||
as to its fields of application, with it being hereinafter specified
|
||||
that this comprises:
|
||||
|
||||
1. permanent or temporary reproduction of all or part of the Software by any
|
||||
or all means and in any or all form.
|
||||
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.
|
||||
2. loading, displaying, running, or storing the Software on any or
|
||||
all medium.
|
||||
|
||||
3. entitlement to observe, study or test its operation so as to
|
||||
determine the ideas and principles behind 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.
|
||||
|
||||
3. entitlement to observe, study or test its operation so as to determine
|
||||
the ideas and principles behind 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
|
||||
|
||||
The right to make Contributions includes the right to translate, adapt, arrange,
|
||||
or make any or all modifications to the Software, and the right to reproduce
|
||||
the resulting software.
|
||||
The right to make Contributions includes the right to translate, adapt,
|
||||
arrange, or make any or all modifications to the Software, and the right
|
||||
to reproduce the resulting software.
|
||||
|
||||
The Licensee is authorized to make any or all Contributions to the
|
||||
Software provided that it includes an explicit notice that it is the
|
||||
author of said Contribution and indicates the date of the creation thereof.
|
||||
|
||||
The Licensee is authorized to make any or all Contributions to the Software
|
||||
provided that it includes an explicit notice that it is the author of said
|
||||
Contribution and indicates the date of the creation thereof.
|
||||
|
||||
5.3 RIGHT OF DISTRIBUTION
|
||||
|
||||
In particular, the right of distribution includes the right to publish, transmit
|
||||
and communicate the Software to the general public on any or all medium, and
|
||||
by any or all means, and the right to market, either in consideration of a
|
||||
fee, or free of charge, one or more copies of the Software by any means.
|
||||
In particular, the right of distribution includes the right to publish,
|
||||
transmit and communicate the Software to the general public on any or
|
||||
all medium, and by any or all means, and the right to market, either in
|
||||
consideration of a fee, or free of charge, one or more copies of the
|
||||
Software by any means.
|
||||
|
||||
The Licensee is further authorized to distribute copies of the modified or
|
||||
unmodified Software to third parties according to the terms and conditions
|
||||
set forth hereinafter.
|
||||
The Licensee is further authorized to distribute copies of the modified
|
||||
or unmodified Software to third parties according to the terms and
|
||||
conditions set forth hereinafter.
|
||||
|
||||
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
|
||||
|
||||
The Licensee is authorized to distribute true copies of the Software in Source
|
||||
Code or Object Code form, provided that said distribution complies with all
|
||||
the provisions of the Agreement and is accompanied by:
|
||||
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
|
||||
|
||||
1. a copy of the Agreement,
|
||||
The Licensee is authorized to distribute true copies of the Software in
|
||||
Source Code or Object Code form, provided that said distribution
|
||||
complies with all the provisions of the Agreement and is accompanied by:
|
||||
|
||||
2. a notice relating to the limitation of both the Licensor's warranty and
|
||||
liability as set forth in Articles 8 and 9,
|
||||
1. a copy of the Agreement,
|
||||
|
||||
and that, in the event that only the Object Code of the Software is redistributed,
|
||||
the Licensee allows future Licensees unhindered access to the full Source
|
||||
Code of the Software by indicating how to access it, it being understood that
|
||||
the additional cost of acquiring the Source Code shall not exceed the cost
|
||||
of transferring the data.
|
||||
2. a notice relating to the limitation of both the Licensor's
|
||||
warranty and liability as set forth in Articles 8 and 9,
|
||||
|
||||
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE
|
||||
|
||||
When the Licensee makes a Contribution to the Software, the terms and conditions
|
||||
for the distribution of the resulting Modified Software become subject to
|
||||
all the provisions of this Agreement.
|
||||
|
||||
The Licensee is authorized to distribute the Modified Software, in source
|
||||
code or object code form, provided that said distribution complies with all
|
||||
the provisions of the Agreement and is accompanied by:
|
||||
|
||||
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,
|
||||
|
||||
and that, in the event that only the object code of the Modified Software
|
||||
is redistributed, the Licensee allows future Licensees unhindered access to
|
||||
the full source code of the Modified Software by indicating how to access
|
||||
it, it being understood that the additional cost of acquiring the source code
|
||||
and that, in the event that only the Object Code of the Software is
|
||||
redistributed, the Licensee allows future Licensees unhindered access to
|
||||
the full Source Code of the Software by indicating how to access it, it
|
||||
being understood that the additional cost of acquiring the Source Code
|
||||
shall not exceed the cost of transferring the data.
|
||||
|
||||
5.3.3. DISTRIBUTION OF EXTERNAL MODULES
|
||||
|
||||
When the Licensee has developed an External Module, the terms and conditions
|
||||
of this Agreement do not apply to said External Module, that may be distributed
|
||||
under a separate license agreement.
|
||||
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
|
||||
|
||||
5.3.4. COMPATIBILITY WITH THE GNU GPL
|
||||
When the Licensee makes a Contribution to the Software, the terms and
|
||||
conditions for the distribution of the resulting Modified Software
|
||||
become subject to all the provisions of this Agreement.
|
||||
|
||||
The Licensee can include a code that is subject to the provisions of one of
|
||||
the versions of the GNU GPL in the Modified or unmodified Software, and distribute
|
||||
that entire code under the terms of the same version of the GNU GPL.
|
||||
The Licensee is authorized to distribute the Modified Software, in
|
||||
source code or object code form, provided that said distribution
|
||||
complies with all the provisions of the Agreement and is accompanied by:
|
||||
|
||||
The Licensee can include the Modified or unmodified Software in a code that
|
||||
is subject to the provisions of one of the versions of the GNU GPL, and distribute
|
||||
that entire code under the terms of the same version of the GNU GPL.
|
||||
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,
|
||||
|
||||
and that, in the event that only the object code of the Modified
|
||||
Software is redistributed, the Licensee allows future Licensees
|
||||
unhindered access to the full source code of the Modified Software by
|
||||
indicating how to access it, it being understood that the additional
|
||||
cost of acquiring the source code shall not exceed the cost of
|
||||
transferring the data.
|
||||
|
||||
|
||||
5.3.3 DISTRIBUTION OF EXTERNAL MODULES
|
||||
|
||||
When the Licensee has developed an External Module, the terms and
|
||||
conditions of this Agreement do not apply to said External Module, that
|
||||
may be distributed under a separate license agreement.
|
||||
|
||||
|
||||
5.3.4 COMPATIBILITY WITH THE GNU GPL
|
||||
|
||||
The Licensee can include a code that is subject to the provisions of one
|
||||
of the versions of the GNU GPL in the Modified or unmodified Software,
|
||||
and distribute that entire code under the terms of the same version of
|
||||
the GNU GPL.
|
||||
|
||||
The Licensee can include the Modified or unmodified Software in a code
|
||||
that is subject to the provisions of one of the versions of the GNU GPL,
|
||||
and distribute that entire code under the terms of the same version of
|
||||
the GNU GPL.
|
||||
|
||||
|
||||
Article 6 - INTELLECTUAL PROPERTY
|
||||
|
||||
Article 6 - INTELLECTUAL PROPERTY
|
||||
|
||||
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
|
||||
under which the Holder has elected to distribute its work and no one shall
|
||||
be entitled to modify the terms and conditions for the distribution of said
|
||||
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 under which the Holder has elected to distribute its work
|
||||
and no one shall be entitled to modify the terms and conditions for the
|
||||
distribution of said Initial Software.
|
||||
|
||||
The Holder undertakes that the Initial Software will remain ruled at
|
||||
least by this Agreement, for the duration set forth in Article 4.2.
|
||||
|
||||
The Holder undertakes that the Initial Software will remain ruled at least
|
||||
by this Agreement, for the duration set forth in Article 4.2.
|
||||
|
||||
6.2 OVER THE CONTRIBUTIONS
|
||||
|
||||
The Licensee who develops a Contribution is the owner of the intellectual
|
||||
property rights over this Contribution as defined by applicable law.
|
||||
The Licensee who develops a Contribution is the owner of the
|
||||
intellectual property rights over this Contribution as defined by
|
||||
applicable law.
|
||||
|
||||
|
||||
6.3 OVER THE EXTERNAL MODULES
|
||||
|
||||
The Licensee who develops an External Module is the owner of the intellectual
|
||||
property rights over this External Module as defined by applicable law and
|
||||
is free to choose the type of agreement that shall govern its distribution.
|
||||
The Licensee who develops an External Module is the owner of the
|
||||
intellectual property rights over this External Module as defined by
|
||||
applicable law and is free to choose the type of agreement that shall
|
||||
govern its distribution.
|
||||
|
||||
|
||||
6.4 JOINT PROVISIONS
|
||||
|
||||
The Licensee expressly undertakes:
|
||||
The Licensee expressly undertakes:
|
||||
|
||||
1. not to remove, or modify, in any manner, the intellectual property notices
|
||||
attached to the Software;
|
||||
1. not to remove, or modify, in any manner, the intellectual property
|
||||
notices attached to the Software;
|
||||
|
||||
2. to reproduce said notices, in an identical manner, in the copies of the
|
||||
Software modified or not.
|
||||
2. to reproduce said notices, in an identical manner, in the copies
|
||||
of the Software modified or not.
|
||||
|
||||
The Licensee undertakes not to directly or indirectly infringe the intellectual
|
||||
property rights of the Holder and/or Contributors on the Software and to take,
|
||||
where applicable, vis-à-vis its staff, any and all measures required to ensure
|
||||
respect of said intellectual property rights of the Holder and/or Contributors.
|
||||
The Licensee undertakes not to directly or indirectly infringe the
|
||||
intellectual property rights of the Holder and/or Contributors on the
|
||||
Software and to take, where applicable, vis-à-vis its staff, any and all
|
||||
measures required to ensure respect of said intellectual property rights
|
||||
of the Holder and/or Contributors.
|
||||
|
||||
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.
|
||||
Article 7 - RELATED SERVICES
|
||||
|
||||
However, the Licensor is entitled to offer this type of services. The terms
|
||||
and conditions of such technical assistance, and/or such maintenance, shall
|
||||
be set forth in a separate instrument. Only the Licensor offering said maintenance
|
||||
and/or technical assistance services shall incur liability therefor.
|
||||
7.1 Under no circumstances shall the Agreement oblige the Licensor to
|
||||
provide technical assistance or maintenance services for the Software.
|
||||
|
||||
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its
|
||||
sole responsibility, a warranty, that shall only be binding upon itself, for
|
||||
the redistribution of the Software and/or the Modified Software, under terms
|
||||
and conditions that it is free to decide. Said warranty, and the financial
|
||||
terms and conditions of its application, shall be subject of a separate instrument
|
||||
executed between the Licensor and the Licensee.
|
||||
However, the Licensor is entitled to offer this type of services. The
|
||||
terms and conditions of such technical assistance, and/or such
|
||||
maintenance, shall be set forth in a separate instrument. Only the
|
||||
Licensor offering said maintenance and/or technical assistance services
|
||||
shall incur liability therefor.
|
||||
|
||||
Article 8 - LIABILITY
|
||||
7.2 Similarly, any Licensor is entitled to offer to its licensees, under
|
||||
its sole responsibility, a warranty, that shall only be binding upon
|
||||
itself, for the redistribution of the Software and/or the Modified
|
||||
Software, under terms and conditions that it is free to decide. Said
|
||||
warranty, and the financial terms and conditions of its application,
|
||||
shall be subject of a separate instrument executed between the Licensor
|
||||
and the Licensee.
|
||||
|
||||
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled
|
||||
to claim compensation for any direct loss it may have suffered from the Software
|
||||
as a result of a fault on the part of the relevant Licensor, subject to providing
|
||||
evidence thereof.
|
||||
|
||||
8.2 The Licensor's liability is limited to the commitments made under this
|
||||
Agreement and shall not be incurred as a result of in particular: (i) loss
|
||||
due the Licensee's total or partial failure to fulfill its obligations, (ii)
|
||||
direct or consequential loss that is suffered by the Licensee due to the use
|
||||
or performance of the Software, and (iii) more generally, any consequential
|
||||
loss. In particular the Parties expressly agree that any or all pecuniary
|
||||
or business loss (i.e. loss of data, loss of profits, operating loss, loss
|
||||
of customers or orders, opportunity cost, any disturbance to business 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 8 - LIABILITY
|
||||
|
||||
Article 9 - WARRANTY
|
||||
8.1 Subject to the provisions of Article 8.2, the Licensee shall be
|
||||
entitled to claim compensation for any direct loss it may have suffered
|
||||
from the Software as a result of a fault on the part of the relevant
|
||||
Licensor, subject to providing evidence thereof.
|
||||
|
||||
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art
|
||||
when the Software was distributed did not enable all possible uses to be tested
|
||||
and verified, nor for the presence of possible defects to be detected. In
|
||||
this respect, the Licensee's attention has been drawn to the risks associated
|
||||
with loading, using, modifying and/or developing and reproducing the Software
|
||||
which are reserved for experienced users.
|
||||
8.2 The Licensor's liability is limited to the commitments made under
|
||||
this Agreement and shall not be incurred as a result of in particular:
|
||||
(i) loss due the Licensee's total or partial failure to fulfill its
|
||||
obligations, (ii) direct or consequential loss that is suffered by the
|
||||
Licensee due to the use or performance of the Software, and (iii) more
|
||||
generally, any consequential loss. In particular the Parties expressly
|
||||
agree that any or all pecuniary or business loss (i.e. loss of data,
|
||||
loss of profits, operating loss, loss of customers or orders,
|
||||
opportunity cost, any disturbance to business 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.
|
||||
|
||||
The Licensee shall be responsible for verifying, by any or all means, the
|
||||
suitability of the product for its requirements, its good working order, and
|
||||
for ensuring that it shall not cause damage to either persons or properties.
|
||||
|
||||
9.2 The Licensor hereby represents, in good faith, that it is entitled to
|
||||
grant all the rights over the Software (including in particular the rights
|
||||
set forth in Article 5).
|
||||
Article 9 - WARRANTY
|
||||
|
||||
9.3 The Licensee acknowledges that the Software is supplied "as is" by the
|
||||
Licensor without any other express or tacit warranty, other than that provided
|
||||
for in Article 9.2 and, in particular, without any warranty as to its commercial
|
||||
value, its secured, safe, innovative or relevant nature.
|
||||
9.1 The Licensee acknowledges that the scientific and technical
|
||||
state-of-the-art when the Software was distributed did not enable all
|
||||
possible uses to be tested and verified, nor for the presence of
|
||||
possible defects to be detected. In this respect, the Licensee's
|
||||
attention has been drawn to the risks associated with loading, using,
|
||||
modifying and/or developing and reproducing the Software which are
|
||||
reserved for experienced users.
|
||||
|
||||
Specifically, the Licensor does not warrant that the Software is free from
|
||||
any error, that it will operate without interruption, that it will be compatible
|
||||
with the Licensee's own equipment and software configuration, nor that it
|
||||
will meet the Licensee's requirements.
|
||||
The Licensee shall be responsible for verifying, by any or all means,
|
||||
the suitability of the product for its requirements, its good working
|
||||
order, and for ensuring that it shall not cause damage to either persons
|
||||
or properties.
|
||||
|
||||
9.4 The Licensor does not either expressly or tacitly warrant that the Software
|
||||
does not infringe any third party intellectual property right relating to
|
||||
a patent, software or any other property right. Therefore, the Licensor disclaims
|
||||
any and all liability towards the Licensee arising out of any or all proceedings
|
||||
for infringement that may be instituted in respect of the use, modification
|
||||
and redistribution of the Software. Nevertheless, should such proceedings
|
||||
be instituted against the Licensee, the Licensor shall provide it with technical
|
||||
and legal assistance for its defense. Such technical and legal assistance
|
||||
shall be decided on a case-by-case basis between the relevant Licensor and
|
||||
the Licensee pursuant to a memorandum of understanding. The Licensor disclaims
|
||||
any and all liability as regards the Licensee's use of the name of the Software.
|
||||
No warranty is given as regards the existence of prior rights over the name
|
||||
of the Software or as regards the existence of a trademark.
|
||||
9.2 The Licensor hereby represents, in good faith, that it is entitled
|
||||
to grant all the rights over the Software (including in particular the
|
||||
rights set forth in Article 5).
|
||||
|
||||
Article 10 - TERMINATION
|
||||
9.3 The Licensee acknowledges that the Software is supplied "as is" by
|
||||
the Licensor without any other express or tacit warranty, other than
|
||||
that provided for in Article 9.2 and, in particular, without any warranty
|
||||
as to its commercial value, its secured, safe, innovative or relevant
|
||||
nature.
|
||||
|
||||
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
|
||||
notice has been sent to the Licensee and has remained ineffective.
|
||||
Specifically, the Licensor does not warrant that the Software is free
|
||||
from any error, that it will operate without interruption, that it will
|
||||
be compatible with the Licensee's own equipment and software
|
||||
configuration, nor that it will meet the Licensee's requirements.
|
||||
|
||||
10.2 A Licensee whose Agreement is terminated shall no longer be authorized
|
||||
to use, modify or distribute the Software. However, any licenses that 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.
|
||||
9.4 The Licensor does not either expressly or tacitly warrant that the
|
||||
Software does not infringe any third party intellectual property right
|
||||
relating to a patent, software or any other property right. Therefore,
|
||||
the Licensor disclaims any and all liability towards the Licensee
|
||||
arising out of any or all proceedings for infringement that may be
|
||||
instituted in respect of the use, modification and redistribution of the
|
||||
Software. Nevertheless, should such proceedings be instituted against
|
||||
the Licensee, the Licensor shall provide it with technical and legal
|
||||
assistance for its defense. Such technical and legal assistance shall be
|
||||
decided on a case-by-case basis between the relevant Licensor and the
|
||||
Licensee pursuant to a memorandum of understanding. The Licensor
|
||||
disclaims any and all liability as regards the Licensee's use of the
|
||||
name of the Software. No warranty is given as regards the existence of
|
||||
prior rights over the name of the Software or as regards the existence
|
||||
of a trademark.
|
||||
|
||||
|
||||
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 notice has been sent to the Licensee and has
|
||||
remained ineffective.
|
||||
|
||||
10.2 A Licensee whose Agreement is terminated shall no longer be
|
||||
authorized to use, modify or distribute the Software. However, any
|
||||
licenses that 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
|
||||
|
||||
Article 11 - MISCELLANEOUS
|
||||
|
||||
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
|
||||
of God or an outside cause, such as defective functioning or interruptions
|
||||
of the electricity or telecommunications networks, network paralysis following
|
||||
a virus attack, intervention by government authorities, natural disasters,
|
||||
water damage, earthquakes, fire, explosions, strikes and labor unrest, war,
|
||||
etc.
|
||||
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 of God or an outside cause, such as defective
|
||||
functioning or interruptions of the electricity or telecommunications
|
||||
networks, network paralysis following a virus attack, intervention by
|
||||
government authorities, natural disasters, water damage, earthquakes,
|
||||
fire, explosions, strikes and labor unrest, war, etc.
|
||||
|
||||
11.2 Any failure by either Party, on one or more occasions, to invoke one
|
||||
or more of the provisions hereof, shall under no circumstances be interpreted
|
||||
as being a waiver by the interested Party of its right to invoke said provision(s)
|
||||
subsequently.
|
||||
11.2 Any failure by either Party, on one or more occasions, to invoke
|
||||
one or more of the provisions hereof, shall under no circumstances be
|
||||
interpreted as being a waiver by the interested Party of its right to
|
||||
invoke said provision(s) subsequently.
|
||||
|
||||
11.3 The Agreement cancels and replaces any or all previous agreements, whether
|
||||
written or oral, between the Parties and having the same purpose, and constitutes
|
||||
the entirety of the agreement between said Parties concerning said purpose.
|
||||
No supplement or modification to the terms and conditions hereof shall be
|
||||
effective as between the Parties unless it is made in writing and signed by
|
||||
their duly authorized representatives.
|
||||
11.3 The Agreement cancels and replaces any or all previous agreements,
|
||||
whether written or oral, between the Parties and having the same
|
||||
purpose, and constitutes the entirety of the agreement between said
|
||||
Parties concerning said purpose. No supplement or modification to the
|
||||
terms and conditions hereof shall be effective as between the Parties
|
||||
unless it is made in writing and signed by their duly authorized
|
||||
representatives.
|
||||
|
||||
11.4 In the event that one or more of the provisions hereof were to
|
||||
conflict with a current or future applicable act or legislative text,
|
||||
said act or legislative text shall prevail, and the Parties shall make
|
||||
the necessary amendments so as to comply with said act or legislative
|
||||
text. All other provisions shall remain effective. Similarly, invalidity
|
||||
of a provision of the Agreement, for any reason whatsoever, shall not
|
||||
cause the Agreement as a whole to be invalid.
|
||||
|
||||
11.4 In the event that one or more of the provisions hereof were to conflict
|
||||
with a current or future applicable act or legislative text, said act or legislative
|
||||
text shall prevail, and the Parties shall make the necessary amendments so
|
||||
as to comply with said act or legislative text. All other provisions shall
|
||||
remain effective. Similarly, invalidity of a provision of the Agreement, for
|
||||
any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
|
||||
|
||||
11.5 LANGUAGE
|
||||
|
||||
The Agreement is drafted in both French and English and both versions are
|
||||
deemed authentic.
|
||||
The Agreement is drafted in both French and English and both versions
|
||||
are deemed authentic.
|
||||
|
||||
Article 12 - NEW VERSIONS OF THE AGREEMENT
|
||||
|
||||
12.1 Any person is authorized to duplicate and distribute copies of this Agreement.
|
||||
Article 12 - NEW VERSIONS OF THE AGREEMENT
|
||||
|
||||
12.2 So as to ensure coherence, the wording of this Agreement is protected
|
||||
and may only be modified by the authors of the License, who reserve the right
|
||||
to periodically publish updates or new versions of the Agreement, each with
|
||||
a separate number. These subsequent versions may address new issues encountered
|
||||
by Free Software.
|
||||
12.1 Any person is authorized to duplicate and distribute copies of this
|
||||
Agreement.
|
||||
|
||||
12.3 Any Software distributed under a given version of the Agreement 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.
|
||||
12.2 So as to ensure coherence, the wording of this Agreement is
|
||||
protected and may only be modified by the authors of the License, who
|
||||
reserve the right to periodically publish updates or new versions of the
|
||||
Agreement, each with a separate number. These subsequent versions may
|
||||
address new issues encountered by Free Software.
|
||||
|
||||
Article 13 - GOVERNING LAW AND JURISDICTION
|
||||
12.3 Any Software distributed under a given version of the Agreement 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.
|
||||
|
||||
13.1 The Agreement is governed by French law. The Parties agree to endeavor
|
||||
to seek an amicable solution to any disagreements or disputes that may arise
|
||||
during the performance of the Agreement.
|
||||
|
||||
13.2 Failing an amicable solution within two (2) months as from their occurrence,
|
||||
and unless emergency proceedings are necessary, the disagreements or disputes
|
||||
shall be referred to the Paris Courts having jurisdiction, by the more diligent
|
||||
Party.
|
||||
Article 13 - GOVERNING LAW AND JURISDICTION
|
||||
|
||||
Version 2.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel)
|
||||
L(ibre)
|
||||
13.1 The Agreement is governed by French law. The Parties agree to
|
||||
endeavor to seek an amicable solution to any disagreements or disputes
|
||||
that may arise during the performance of the Agreement.
|
||||
|
||||
13.2 Failing an amicable solution within two (2) months as from their
|
||||
occurrence, and unless emergency proceedings are necessary, the
|
||||
disagreements or disputes shall be referred to the Paris Courts having
|
||||
jurisdiction, by the more diligent Party.
|
||||
|
||||
|
||||
Version 2.0 dated 2006-09-05.
|
||||
|
||||
Reference in New Issue
Block a user