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LICENSE
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LICENSE
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CeCILL-B FREE SOFTWARE LICENSE AGREEMENT
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Notice
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This Agreement is a Free Software license agreement that is the result
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of discussions between its authors in order to ensure compliance with
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the two main principles guiding its drafting:
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* firstly, compliance with the principles governing the distribution
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of Free Software: access to source code, broad rights granted to
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users,
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* secondly, the election of a governing law, French law, with which
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it is conformant, both as regards the law of torts and
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intellectual property law, and the protection that it offers to
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both authors and holders of the economic rights over software.
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The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
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license are:
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Commissariat à l'Energie Atomique - CEA, a public scientific, technical
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and industrial research establishment, having its principal place of
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business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
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Centre National de la Recherche Scientifique - CNRS, a public scientific
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and technological establishment, having its principal place of business
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at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
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Institut National de Recherche en Informatique et en Automatique -
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||||
INRIA, a public scientific and technological establishment, having its
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principal place of business at Domaine de Voluceau, Rocquencourt, BP
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105, 78153 Le Chesnay cedex, France.
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Preamble
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This Agreement is an open source software license intended to give users
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significant freedom to modify and redistribute the software licensed
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hereunder.
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The exercising of this freedom is conditional upon a strong obligation
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of giving credits for everybody that distributes a software
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incorporating a software ruled by the current license so as all
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contributions to be properly identified and acknowledged.
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In consideration of access to the source code and the rights to copy,
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modify and redistribute granted by the license, users are provided only
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with a limited warranty and the software's author, the holder of the
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economic rights, and the successive licensors only have limited liability.
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||||
In this respect, the risks associated with loading, using, modifying
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and/or developing or reproducing the software by the user are brought to
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the user's attention, given its Free Software status, which may make it
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complicated to use, with the result that its use is reserved for
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developers and experienced professionals having in-depth computer
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knowledge. Users are therefore encouraged to load and test the
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suitability of the software as regards their requirements in conditions
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enabling the security of their systems and/or data to be ensured and,
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more generally, to use and operate it in the same conditions of
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security. This Agreement may be freely reproduced and published,
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provided it is not altered, and that no provisions are either added or
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removed herefrom.
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This Agreement may apply to any or all software for which the holder of
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the economic rights decides to submit the use thereof to its provisions.
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Article 1 - DEFINITIONS
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For the purpose of this Agreement, when the following expressions
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commence with a capital letter, they shall have the following meaning:
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Agreement: means this license agreement, and its possible subsequent
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versions and annexes.
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Software: means the software in its Object Code and/or Source Code form
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and, where applicable, its documentation, "as is" when the Licensee
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accepts the Agreement.
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Initial Software: means the Software in its Source Code and possibly its
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Object Code form and, where applicable, its documentation, "as is" when
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it is first distributed under the terms and conditions of the Agreement.
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Modified Software: means the Software modified by at least one
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Contribution.
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Source Code: means all the Software's instructions and program lines to
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which access is required so as to modify the Software.
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Object Code: means the binary files originating from the compilation of
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the Source Code.
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Holder: means the holder(s) of the economic rights over the Initial
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Software.
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Licensee: means the Software user(s) having accepted the Agreement.
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Contributor: means a Licensee having made at least one Contribution.
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Licensor: means the Holder, or any other individual or legal entity, who
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distributes the Software under the Agreement.
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Contribution: means any or all modifications, corrections, translations,
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adaptations and/or new functions integrated into the Software by any or
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all Contributors, as well as any or all Internal Modules.
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Module: means a set of sources files including their documentation that
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||||
enables supplementary functions or services in addition to those offered
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by the Software.
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External Module: means any or all Modules, not derived from the
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||||
Software, so that this Module and the Software run in separate address
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||||
spaces, with one calling the other when they are run.
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Internal Module: means any or all Module, connected to the Software so
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that they both execute in the same address space.
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Parties: mean both the Licensee and the Licensor.
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These expressions may be used both in singular and plural form.
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Article 2 - PURPOSE
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The purpose of the Agreement is the grant by the Licensor to the
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Licensee of a non-exclusive, transferable and worldwide license for the
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Software as set forth in Article 5 hereinafter for the whole term of the
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protection granted by the rights over said Software.
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Article 3 - ACCEPTANCE
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3.1 The Licensee shall be deemed as having accepted the terms and
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conditions of this Agreement upon the occurrence of the first of the
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following events:
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* (i) loading the Software by any or all means, notably, by
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downloading from a remote server, or by loading from a physical
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medium;
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* (ii) the first time the Licensee exercises any of the rights
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granted hereunder.
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3.2 One copy of the Agreement, containing a notice relating to the
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characteristics of the Software, to the limited warranty, and to the
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fact that its use is restricted to experienced users has been provided
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to the Licensee prior to its acceptance as set forth in Article 3.1
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hereinabove, and the Licensee hereby acknowledges that it has read and
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understood it.
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Article 4 - EFFECTIVE DATE AND TERM
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4.1 EFFECTIVE DATE
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The Agreement shall become effective on the date when it is accepted by
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the Licensee as set forth in Article 3.1.
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4.2 TERM
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The Agreement shall remain in force for the entire legal term of
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protection of the economic rights over the Software.
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Article 5 - SCOPE OF RIGHTS GRANTED
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The Licensor hereby grants to the Licensee, who accepts, the following
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rights over the Software for any or all use, and for the term of the
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Agreement, on the basis of the terms and conditions set forth hereinafter.
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Besides, if the Licensor owns or comes to own one or more patents
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protecting all or part of the functions of the Software or of its
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components, the Licensor undertakes not to enforce the rights granted by
|
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these patents against successive Licensees using, exploiting or
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modifying the Software. If these patents are transferred, the Licensor
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undertakes to have the transferees subscribe to the obligations set
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forth in this paragraph.
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5.1 RIGHT OF USE
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The Licensee is authorized to use the Software, without any limitation
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as to its fields of application, with it being hereinafter specified
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that this comprises:
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||||
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||||
1. permanent or temporary reproduction of all or part of the Software
|
||||
by any or all means and in any or all form.
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||||
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||||
2. loading, displaying, running, or storing the Software on any or
|
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all medium.
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3. entitlement to observe, study or test its operation so as to
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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
|
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or storage operation as regards the Software, that it is entitled
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to carry out hereunder.
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5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
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The right to make Contributions includes the right to translate, adapt,
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arrange, or make any or all modifications to the Software, and the right
|
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to reproduce the resulting software.
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||||
The Licensee is authorized to make any or all Contributions to the
|
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Software provided that it includes an explicit notice that it is the
|
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author of said Contribution and indicates the date of the creation thereof.
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5.3 RIGHT OF DISTRIBUTION
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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.
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The Licensee is further authorized to distribute copies of the modified
|
||||
or unmodified Software to third parties according to the terms and
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conditions set forth hereinafter.
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5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
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The Licensee is authorized to distribute true copies of the Software in
|
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Source Code or Object Code form, provided that said distribution
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complies with all the provisions of the Agreement and is accompanied by:
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1. a copy of the Agreement,
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2. a notice relating to the limitation of both the Licensor's
|
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warranty and liability as set forth in Articles 8 and 9,
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and that, in the event that only the Object Code of the Software is
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redistributed, the Licensee allows effective access to the full Source
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Code of the Software at a minimum during the entire period of its
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distribution of the Software, it being understood that the additional
|
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cost of acquiring the Source Code shall not exceed the cost of
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transferring the data.
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5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
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If the Licensee makes any Contribution to the Software, the resulting
|
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Modified Software may be distributed under a license agreement other
|
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than this Agreement subject to compliance with the provisions of Article
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5.3.4.
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5.3.3 DISTRIBUTION OF EXTERNAL MODULES
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When the Licensee has developed an External Module, the terms and
|
||||
conditions of this Agreement do not apply to said External Module, that
|
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may be distributed under a separate license agreement.
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5.3.4 CREDITS
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Any Licensee who may distribute a Modified Software hereby expressly
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agrees to:
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||||
1. indicate in the related documentation that it is based on the
|
||||
Software licensed hereunder, and reproduce the intellectual
|
||||
property notice for the Software,
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||||
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||||
2. ensure that written indications of the Software intended use,
|
||||
intellectual property notice and license hereunder are included in
|
||||
easily accessible format from the Modified Software interface,
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||||
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||||
3. mention, on a freely accessible website describing the Modified
|
||||
Software, at least throughout the distribution term thereof, that
|
||||
it is based on the Software licensed hereunder, and reproduce the
|
||||
Software intellectual property notice,
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||||
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||||
4. where it is distributed to a third party that may distribute a
|
||||
Modified Software without having to make its source code
|
||||
available, make its best efforts to ensure that said third party
|
||||
agrees to comply with the obligations set forth in this Article .
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||||
If the Software, whether or not modified, is distributed with an
|
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External Module designed for use in connection with the Software, the
|
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Licensee shall submit said External Module to the foregoing obligations.
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5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES
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||||
Where a Modified Software contains a Contribution subject to the CeCILL
|
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license, the provisions set forth in Article 5.3.4 shall be optional.
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||||
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||||
A Modified Software may be distributed under the CeCILL-C license. In
|
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such a case the provisions set forth in Article 5.3.4 shall be optional.
|
||||
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Article 6 - INTELLECTUAL PROPERTY
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6.1 OVER THE INITIAL SOFTWARE
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The Holder owns the economic rights over the Initial Software. Any or
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||||
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.
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The Holder undertakes that the Initial Software will remain ruled at
|
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least by this Agreement, for the duration set forth in Article 4.2.
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6.2 OVER THE CONTRIBUTIONS
|
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The Licensee who develops a Contribution is the owner of the
|
||||
intellectual property rights over this Contribution as defined by
|
||||
applicable law.
|
||||
|
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|
||||
6.3 OVER THE EXTERNAL MODULES
|
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|
||||
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
|
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govern its distribution.
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6.4 JOINT PROVISIONS
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The Licensee expressly undertakes:
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1. not to remove, or modify, in any manner, the intellectual property
|
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notices attached to the Software;
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|
||||
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
|
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of the Holder and/or Contributors.
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Article 7 - RELATED SERVICES
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|
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7.1 Under no circumstances shall the Agreement oblige the Licensor to
|
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provide technical assistance or maintenance services for the Software.
|
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|
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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.
|
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|
||||
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.
|
||||
|
||||
|
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Article 8 - LIABILITY
|
||||
|
||||
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 9 - WARRANTY
|
||||
|
||||
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.
|
||||
|
||||
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).
|
||||
|
||||
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.
|
||||
|
||||
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.
|
||||
|
||||
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
|
||||
|
||||
|
||||
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.
|
||||
|
||||
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.
|
||||
|
||||
11.4 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.
|
||||
|
||||
|
||||
Article 12 - NEW VERSIONS OF THE AGREEMENT
|
||||
|
||||
12.1 Any person is authorized to duplicate and distribute copies of this
|
||||
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.
|
||||
|
||||
12.3 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.
|
||||
|
||||
|
||||
Article 13 - GOVERNING LAW AND JURISDICTION
|
||||
|
||||
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 1.0 dated 2006-09-05.
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