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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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1. permanent or temporary reproduction of all or part of the Software |
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by any or all means and in any or all form. |
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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 |
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elements of said Software. This shall apply when the Licensee |
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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, |
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transmit and communicate the Software to the general public on any or |
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all medium, and by any or all means, and the right to market, either in |
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consideration of a fee, or free of charge, one or more copies of the |
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Software by any means. |
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The Licensee is further authorized to distribute copies of the modified |
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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 |
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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 |
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Software licensed hereunder, and reproduce the intellectual |
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property notice for the Software, |
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2. ensure that written indications of the Software intended use, |
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intellectual property notice and license hereunder are included in |
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easily accessible format from the Modified Software interface, |
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3. mention, on a freely accessible website describing the Modified |
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Software, at least throughout the distribution term thereof, that |
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it is based on the Software licensed hereunder, and reproduce the |
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Software intellectual property notice, |
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4. where it is distributed to a third party that may distribute a |
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Modified Software without having to make its source code |
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available, make its best efforts to ensure that said third party |
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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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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 |
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and conditions under which the Holder has elected to distribute its work |
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and no one shall be entitled to modify the terms and conditions for the |
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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 |
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intellectual property rights over this Contribution as defined by |
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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 |
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intellectual property rights over this External Module as defined by |
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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 |
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of the Software modified or not. |
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The Licensee undertakes not to directly or indirectly infringe the |
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intellectual property rights of the Holder and/or Contributors on the |
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Software and to take, where applicable, vis-à-vis its staff, any and all |
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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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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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However, the Licensor is entitled to offer this type of services. The |
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terms and conditions of such technical assistance, and/or such |
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maintenance, shall be set forth in a separate instrument. Only the |
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Licensor offering said maintenance and/or technical assistance services |
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shall incur liability therefor. |
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7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
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its sole responsibility, a warranty, that shall only be binding upon |
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itself, for the redistribution of the Software and/or the Modified |
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Software, under terms and conditions that it is free to decide. Said |
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warranty, and the financial terms and conditions of its application, |
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shall be subject of a separate instrument executed between the Licensor |
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and the Licensee. |
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Article 8 - LIABILITY |
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8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
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entitled to claim compensation for any direct loss it may have suffered |
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from the Software as a result of a fault on the part of the relevant |
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Licensor, subject to providing evidence thereof. |
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8.2 The Licensor's liability is limited to the commitments made under |
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this Agreement and shall not be incurred as a result of in particular: |
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(i) loss due the Licensee's total or partial failure to fulfill its |
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obligations, (ii) direct or consequential loss that is suffered by the |
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Licensee due to the use or performance of the Software, and (iii) more |
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generally, any consequential loss. In particular the Parties expressly |
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agree that any or all pecuniary or business loss (i.e. loss of data, |
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loss of profits, operating loss, loss of customers or orders, |
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opportunity cost, any disturbance to business activities) or any or all |
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legal proceedings instituted against the Licensee by a third party, |
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shall constitute consequential loss and shall not provide entitlement to |
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any or all compensation from the Licensor. |
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Article 9 - WARRANTY |
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9.1 The Licensee acknowledges that the scientific and technical |
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state-of-the-art when the Software was distributed did not enable all |
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possible uses to be tested and verified, nor for the presence of |
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possible defects to be detected. In this respect, the Licensee's |
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attention has been drawn to the risks associated with loading, using, |
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modifying and/or developing and reproducing the Software which are |
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reserved for experienced users. |
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The Licensee shall be responsible for verifying, by any or all means, |
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the suitability of the product for its requirements, its good working |
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order, and for ensuring that it shall not cause damage to either persons |
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or properties. |
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9.2 The Licensor hereby represents, in good faith, that it is entitled |
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to grant all the rights over the Software (including in particular the |
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rights set forth in Article 5). |
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9.3 The Licensee acknowledges that the Software is supplied "as is" by |
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the Licensor without any other express or tacit warranty, other than |
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that provided for in Article 9.2 and, in particular, without any warranty |
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as to its commercial value, its secured, safe, innovative or relevant |
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nature. |
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Specifically, the Licensor does not warrant that the Software is free |
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from any error, that it will operate without interruption, that it will |
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be compatible with the Licensee's own equipment and software |
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configuration, nor that it will meet the Licensee's requirements. |
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9.4 The Licensor does not either expressly or tacitly warrant that the |
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Software does not infringe any third party intellectual property right |
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relating to a patent, software or any other property right. Therefore, |
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the Licensor disclaims any and all liability towards the Licensee |
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arising out of any or all proceedings for infringement that may be |
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instituted in respect of the use, modification and redistribution of the |
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Software. Nevertheless, should such proceedings be instituted against |
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the Licensee, the Licensor shall provide it with technical and legal |
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assistance for its defense. Such technical and legal assistance shall be |
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decided on a case-by-case basis between the relevant Licensor and the |
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Licensee pursuant to a memorandum of understanding. The Licensor |
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disclaims any and all liability as regards the Licensee's use of the |
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name of the Software. No warranty is given as regards the existence of |
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prior rights over the name of the Software or as regards the existence |
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of a trademark. |
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Article 10 - TERMINATION |
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10.1 In the event of a breach by the Licensee of its obligations |
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hereunder, the Licensor may automatically terminate this Agreement |
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thirty (30) days after notice has been sent to the Licensee and has |
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remained ineffective. |
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10.2 A Licensee whose Agreement is terminated shall no longer be |
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authorized to use, modify or distribute the Software. However, any |
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licenses that it may have granted prior to termination of the Agreement |
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shall remain valid subject to their having been granted in compliance |
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with the terms and conditions hereof. |
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Article 11 - MISCELLANEOUS |
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11.1 EXCUSABLE EVENTS |
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Neither Party shall be liable for any or all delay, or failure to |
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perform the Agreement, that may be attributable to an event of force |
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majeure, an act of God or an outside cause, such as defective |
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functioning or interruptions of the electricity or telecommunications |
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networks, network paralysis following a virus attack, intervention by |
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government authorities, natural disasters, water damage, earthquakes, |
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fire, explosions, strikes and labor unrest, war, etc. |
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11.2 Any failure by either Party, on one or more occasions, to invoke |
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one or more of the provisions hereof, shall under no circumstances be |
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interpreted as being a waiver by the interested Party of its right to |
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invoke said provision(s) subsequently. |
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11.3 The Agreement cancels and replaces any or all previous agreements, |
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whether written or oral, between the Parties and having the same |
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purpose, and constitutes the entirety of the agreement between said |
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Parties concerning said purpose. No supplement or modification to the |
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terms and conditions hereof shall be effective as between the Parties |
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unless it is made in writing and signed by their duly authorized |
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representatives. |
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11.4 In the event that one or more of the provisions hereof were to |
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conflict with a current or future applicable act or legislative text, |
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said act or legislative text shall prevail, and the Parties shall make |
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the necessary amendments so as to comply with said act or legislative |
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text. All other provisions shall remain effective. Similarly, invalidity |
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of a provision of the Agreement, for any reason whatsoever, shall not |
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cause the Agreement as a whole to be invalid. |
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11.5 LANGUAGE |
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The Agreement is drafted in both French and English and both versions |
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are deemed authentic. |
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Article 12 - NEW VERSIONS OF THE AGREEMENT |
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12.1 Any person is authorized to duplicate and distribute copies of this |
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Agreement. |
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12.2 So as to ensure coherence, the wording of this Agreement is |
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protected and may only be modified by the authors of the License, who |
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reserve the right to periodically publish updates or new versions of the |
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Agreement, each with a separate number. These subsequent versions may |
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address new issues encountered by Free Software. |
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12.3 Any Software distributed under a given version of the Agreement may |
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only be subsequently distributed under the same version of the Agreement |
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or a subsequent version. |
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Article 13 - GOVERNING LAW AND JURISDICTION |
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13.1 The Agreement is governed by French law. The Parties agree to |
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endeavor to seek an amicable solution to any disagreements or disputes |
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that may arise during the performance of the Agreement. |
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13.2 Failing an amicable solution within two (2) months as from their |
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occurrence, and unless emergency proceedings are necessary, the |
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disagreements or disputes shall be referred to the Paris Courts having |
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jurisdiction, by the more diligent Party. |
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Version 1.0 dated 2006-09-05. |
@ -0,0 +1,3 @@ |
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# miscJar |
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Ensemble de fonctions pratiques pour programme java |
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