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  1. CeCILL-B FREE SOFTWARE LICENSE AGREEMENT Notice
  2. This Agreement is a Free Software license agreement that is the result of
  3. discussions between its authors in order to ensure compliance with the two
  4. main principles guiding its drafting:
  5. * firstly, compliance with the principles governing the distribution of Free
  6. Software: access to source code, broad rights granted to users,
  7. * secondly, the election of a governing law, French law, with which it is
  8. conformant, both as regards the law of torts and intellectual property law,
  9. and the protection that it offers to both authors and holders of the economic
  10. rights over software.
  11. The authors of the CeCILL¹ license are:
  12. Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
  13. industrial research establishment, having its principal place of business
  14. at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
  15. Centre National de la Recherche Scientifique - CNRS, a public scientific and
  16. technological establishment, having its principal place of business at 3 rue
  17. Michel-Ange, 75794 Paris cedex 16, France.
  18. Institut National de Recherche en Informatique et en Automatique - INRIA,
  19. a public scientific and technological establishment, having its principal
  20. place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
  21. cedex, France.
  22. Preamble This Agreement is an open source software license intended to give
  23. users significant freedom to modify and redistribute the software licensed
  24. hereunder.
  25. The exercising of this freedom is conditional upon a strong obligation of
  26. giving credits for everybody that distributes a software incorporating a software
  27. ruled by the current license so as all contributions to be properly identified
  28. and acknowledged.
  29. In consideration of access to the source code and the rights to copy, modify
  30. and redistribute granted by the license, users are provided only with a limited
  31. warranty and the software's author, the holder of the economic rights, and
  32. the successive licensors only have limited liability.
  33. In this respect, the risks associated with loading, using, modifying and/or
  34. developing or reproducing the software by the user are brought to the user's
  35. attention, given its Free Software status, which may make it complicated to
  36. use, with the result that its use is reserved for developers and experienced
  37. professionals having in-depth computer knowledge. Users are therefore encouraged
  38. to load and test the suitability of the software as regards their requirements
  39. in conditions enabling the security of their systems and/or data to be ensured
  40. and, more generally, to use and operate it in the same conditions of security.
  41. This Agreement may be freely reproduced and published, provided it is not
  42. altered, and that no provisions are either added or removed herefrom.
  43. This Agreement may apply to any or all software for which the holder of the
  44. economic rights decides to submit the use thereof to its provisions.
  45. Article 1 - DEFINITIONS
  46. For the purpose of this Agreement, when the following expressions commence
  47. with a capital letter, they shall have the following meaning:
  48. Agreement: means this license agreement, and its possible subsequent versions
  49. and annexes.
  50. Software: means the software in its Object Code and/or Source Code form and,
  51. where applicable, its documentation, "as is" when the Licensee accepts the
  52. Agreement.
  53. Initial Software: means the Software in its Source Code and possibly its Object
  54. Code form and, where applicable, its documentation, "as is" when it is first
  55. distributed under the terms and conditions of the Agreement.
  56. Modified Software: means the Software modified by at least one Contribution.
  57. Source Code: means all the Software's instructions and program lines to which
  58. access is required so as to modify the Software.
  59. Object Code: means the binary files originating from the compilation of the
  60. Source Code.
  61. Holder: means the holder(s) of the economic rights over the Initial Software.
  62. Licensee: means the Software user(s) having accepted the Agreement.
  63. Contributor: means a Licensee having made at least one Contribution.
  64. Licensor: means the Holder, or any other individual or legal entity, who distributes
  65. the Software under the Agreement.
  66. Contribution: means any or all modifications, corrections, translations, adaptations
  67. and/or new functions integrated into the Software by any or all Contributors,
  68. as well as any or all Internal Modules.
  69. Module: means a set of sources files including their documentation that enables
  70. supplementary functions or services in addition to those offered by the Software.
  71. External Module: means any or all Modules, not derived from the Software,
  72. so that this Module and the Software run in separate address spaces, with
  73. one calling the other when they are run.
  74. Internal Module: means any or all Module, connected to the Software so that
  75. they both execute in the same address space.
  76. Parties: mean both the Licensee and the Licensor.
  77. These expressions may be used both in singular and plural form.
  78. Article 2 - PURPOSE
  79. The purpose of the Agreement is the grant by the Licensor to the Licensee
  80. of a non-exclusive, transferable and worldwide license for the Software as
  81. set forth in Article 5 hereinafter for the whole term of the protection granted
  82. by the rights over said Software.
  83. Article 3 - ACCEPTANCE
  84. 3.1 The Licensee shall be deemed as having accepted the terms and conditions
  85. of this Agreement upon the occurrence of the first of the following events:
  86. (i) loading the Software by any or all means, notably, by downloading from
  87. a remote server, or by loading from a physical medium;
  88. (ii) the first time the Licensee exercises any of the rights granted hereunder.
  89. 3.2 One copy of the Agreement, containing a notice relating to the characteristics
  90. of the Software, to the limited warranty, and to the fact that its use is
  91. restricted to experienced users has been provided to the Licensee prior to
  92. its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby
  93. acknowledges that it has read and understood it.
  94. Article 4 - EFFECTIVE DATE AND TERM
  95. 4.1 EFFECTIVE DATE
  96. The Agreement shall become effective on the date when it is accepted by the
  97. Licensee as set forth in Article 3.1.
  98. 4.2 TERM
  99. The Agreement shall remain in force for the entire legal term of protection
  100. of the economic rights over the Software.
  101. Article 5 - SCOPE OF RIGHTS GRANTED
  102. The Licensor hereby grants to the Licensee, who accepts, the following rights
  103. over the Software for any or all use, and for the term of the Agreement, on
  104. the basis of the terms and conditions set forth hereinafter.
  105. Besides, if the Licensor owns or comes to own one or more patents protecting
  106. all or part of the functions of the Software or of its components, the Licensor
  107. undertakes not to enforce the rights granted by these patents against successive
  108. Licensees using, exploiting or modifying the Software. If these patents are
  109. transferred, the Licensor undertakes to have the transferees subscribe to
  110. the obligations set forth in this paragraph.
  111. 5.1 RIGHT OF USE
  112. The Licensee is authorized to use the Software, without any limitation as
  113. to its fields of application, with it being hereinafter specified that this
  114. comprises:
  115. 1. permanent or temporary reproduction of all or part of the Software by any
  116. or all means and in any or all form.
  117. 2. loading, displaying, running, or storing the Software on any or all medium.
  118. 3. entitlement to observe, study or test its operation so as to determine
  119. the ideas and principles behind any or all constituent elements of said Software.
  120. This shall apply when the Licensee carries out any or all loading, displaying,
  121. running, transmission or storage operation as regards the Software, that it
  122. is entitled to carry out hereunder.
  123. 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
  124. The right to make Contributions includes the right to translate, adapt, arrange,
  125. or make any or all modifications to the Software, and the right to reproduce
  126. the resulting software.
  127. The Licensee is authorized to make any or all Contributions to the Software
  128. provided that it includes an explicit notice that it is the author of said
  129. Contribution and indicates the date of the creation thereof.
  130. 5.3 RIGHT OF DISTRIBUTION
  131. In particular, the right of distribution includes the right to publish, transmit
  132. and communicate the Software to the general public on any or all medium, and
  133. by any or all means, and the right to market, either in consideration of a
  134. fee, or free of charge, one or more copies of the Software by any means.
  135. The Licensee is further authorized to distribute copies of the modified or
  136. unmodified Software to third parties according to the terms and conditions
  137. set forth hereinafter.
  138. 5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
  139. The Licensee is authorized to distribute true copies of the Software in Source
  140. Code or Object Code form, provided that said distribution complies with all
  141. the provisions of the Agreement and is accompanied by:
  142. 1. a copy of the Agreement,
  143. 2. a notice relating to the limitation of both the Licensor's warranty and
  144. liability as set forth in Articles 8 and 9,
  145. and that, in the event that only the Object Code of the Software is redistributed,
  146. the Licensee allows effective access to the full Source Code of the Software
  147. at a minimum during the entire period of its distribution of the Software,
  148. it being understood that the additional cost of acquiring the Source Code
  149. shall not exceed the cost of transferring the data.
  150. 5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE
  151. If the Licensee makes any Contribution to the Software, the resulting Modified
  152. Software may be distributed under a license agreement other than this Agreement
  153. subject to compliance with the provisions of Article 5.3.4.
  154. 5.3.3. DISTRIBUTION OF EXTERNAL MODULES
  155. When the Licensee has developed an External Module, the terms and conditions
  156. of this Agreement do not apply to said External Module, that may be distributed
  157. under a separate license agreement.
  158. 5.3.4. CREDITS
  159. Any Licensee who may distribute a Modified Software hereby expressly agrees
  160. to:
  161. 1. indicate in the related documentation that it is based on the Software
  162. licensed hereunder, and reproduce the intellectual property notice for the
  163. Software,
  164. 2. ensure that written indications of the Software intended use, intellectual
  165. property notice and license hereunder are included in easily accessible format
  166. from the Modified Software interface,
  167. 3. mention, on a freely accessible website describing the Modified Software,
  168. at least throughout the distribution term thereof, that it is based on the
  169. Software licensed hereunder, and reproduce the Software intellectual property
  170. notice,
  171. 4. where it is distributed to a third party that may distribute a Modified
  172. Software without having to make its source code available, make its best efforts
  173. to ensure that said third party agrees to comply with the obligations set
  174. forth in this Article .
  175. If the Software, whether or not modified, is distributed with an External
  176. Module designed for use in connection with the Software, the Licensee shall
  177. submit said External Module to the foregoing obligations.
  178. 5.3.5. COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES
  179. Where a Modified Software contains a Contribution subject to the CeCILL license,
  180. the provisions set forth in Article 5.3.4 shall be optional.
  181. A Modified Software may be distributed under the CeCILL-C license. In such
  182. a case the provisions set forth in Article 5.3.4 shall be optional.
  183. Article 6 - INTELLECTUAL PROPERTY
  184. 6.1 OVER THE INITIAL SOFTWARE
  185. The Holder owns the economic rights over the Initial Software. Any or all
  186. use of the Initial Software is subject to compliance with the terms and conditions
  187. under which the Holder has elected to distribute its work and no one shall
  188. be entitled to modify the terms and conditions for the distribution of said
  189. Initial Software.
  190. The Holder undertakes that the Initial Software will remain ruled at least
  191. by this Agreement, for the duration set forth in Article 4.2.
  192. 6.2 OVER THE CONTRIBUTIONS
  193. The Licensee who develops a Contribution is the owner of the intellectual
  194. property rights over this Contribution as defined by applicable law.
  195. 6.3 OVER THE EXTERNAL MODULES
  196. The Licensee who develops an External Module is the owner of the intellectual
  197. property rights over this External Module as defined by applicable law and
  198. is free to choose the type of agreement that shall govern its distribution.
  199. 6.4 JOINT PROVISIONS
  200. The Licensee expressly undertakes:
  201. 1. not to remove, or modify, in any manner, the intellectual property notices
  202. attached to the Software;
  203. 2. to reproduce said notices, in an identical manner, in the copies of the
  204. Software modified or not.
  205. The Licensee undertakes not to directly or indirectly infringe the intellectual
  206. property rights of the Holder and/or Contributors on the Software and to take,
  207. where applicable, vis-à-vis its staff, any and all measures required to ensure
  208. respect of said intellectual property rights of the Holder and/or Contributors.
  209. Article 7 - RELATED SERVICES
  210. 7.1 Under no circumstances shall the Agreement oblige the Licensor to provide
  211. technical assistance or maintenance services for the Software.
  212. However, the Licensor is entitled to offer this type of services. The terms
  213. and conditions of such technical assistance, and/or such maintenance, shall
  214. be set forth in a separate instrument. Only the Licensor offering said maintenance
  215. and/or technical assistance services shall incur liability therefor.
  216. 7.2 Similarly, any Licensor is entitled to offer to its licensees, under its
  217. sole responsibility, a warranty, that shall only be binding upon itself, for
  218. the redistribution of the Software and/or the Modified Software, under terms
  219. and conditions that it is free to decide. Said warranty, and the financial
  220. terms and conditions of its application, shall be subject of a separate instrument
  221. executed between the Licensor and the Licensee.
  222. Article 8 - LIABILITY
  223. 8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled
  224. to claim compensation for any direct loss it may have suffered from the Software
  225. as a result of a fault on the part of the relevant Licensor, subject to providing
  226. evidence thereof.
  227. 8.2 The Licensor's liability is limited to the commitments made under this
  228. Agreement and shall not be incurred as a result of in particular: (i) loss
  229. due the Licensee's total or partial failure to fulfill its obligations, (ii)
  230. direct or consequential loss that is suffered by the Licensee due to the use
  231. or performance of the Software, and (iii) more generally, any consequential
  232. loss. In particular the Parties expressly agree that any or all pecuniary
  233. or business loss (i.e. loss of data, loss of profits, operating loss, loss
  234. of customers or orders, opportunity cost, any disturbance to business activities)
  235. or any or all legal proceedings instituted against the Licensee by a third
  236. party, shall constitute consequential loss and shall not provide entitlement
  237. to any or all compensation from the Licensor.
  238. Article 9 - WARRANTY
  239. 9.1 The Licensee acknowledges that the scientific and technical state-of-the-art
  240. when the Software was distributed did not enable all possible uses to be tested
  241. and verified, nor for the presence of possible defects to be detected. In
  242. this respect, the Licensee's attention has been drawn to the risks associated
  243. with loading, using, modifying and/or developing and reproducing the Software
  244. which are reserved for experienced users.
  245. The Licensee shall be responsible for verifying, by any or all means, the
  246. suitability of the product for its requirements, its good working order, and
  247. for ensuring that it shall not cause damage to either persons or properties.
  248. 9.2 The Licensor hereby represents, in good faith, that it is entitled to
  249. grant all the rights over the Software (including in particular the rights
  250. set forth in Article 5).
  251. 9.3 The Licensee acknowledges that the Software is supplied "as is" by the
  252. Licensor without any other express or tacit warranty, other than that provided
  253. for in Article 9.2 and, in particular, without any warranty as to its commercial
  254. value, its secured, safe, innovative or relevant nature.
  255. Specifically, the Licensor does not warrant that the Software is free from
  256. any error, that it will operate without interruption, that it will be compatible
  257. with the Licensee's own equipment and software configuration, nor that it
  258. will meet the Licensee's requirements.
  259. 9.4 The Licensor does not either expressly or tacitly warrant that the Software
  260. does not infringe any third party intellectual property right relating to
  261. a patent, software or any other property right. Therefore, the Licensor disclaims
  262. any and all liability towards the Licensee arising out of any or all proceedings
  263. for infringement that may be instituted in respect of the use, modification
  264. and redistribution of the Software. Nevertheless, should such proceedings
  265. be instituted against the Licensee, the Licensor shall provide it with technical
  266. and legal assistance for its defense. Such technical and legal assistance
  267. shall be decided on a case-by-case basis between the relevant Licensor and
  268. the Licensee pursuant to a memorandum of understanding. The Licensor disclaims
  269. any and all liability as regards the Licensee's use of the name of the Software.
  270. No warranty is given as regards the existence of prior rights over the name
  271. of the Software or as regards the existence of a trademark.
  272. Article 10 - TERMINATION
  273. 10.1 In the event of a breach by the Licensee of its obligations hereunder,
  274. the Licensor may automatically terminate this Agreement thirty (30) days after
  275. notice has been sent to the Licensee and has remained ineffective.
  276. 10.2 A Licensee whose Agreement is terminated shall no longer be authorized
  277. to use, modify or distribute the Software. However, any licenses that it may
  278. have granted prior to termination of the Agreement shall remain valid subject
  279. to their having been granted in compliance with the terms and conditions hereof.
  280. Article 11 - MISCELLANEOUS
  281. 11.1 EXCUSABLE EVENTS
  282. Neither Party shall be liable for any or all delay, or failure to perform
  283. the Agreement, that may be attributable to an event of force majeure, an act
  284. of God or an outside cause, such as defective functioning or interruptions
  285. of the electricity or telecommunications networks, network paralysis following
  286. a virus attack, intervention by government authorities, natural disasters,
  287. water damage, earthquakes, fire, explosions, strikes and labor unrest, war,
  288. etc.
  289. 11.2 Any failure by either Party, on one or more occasions, to invoke one
  290. or more of the provisions hereof, shall under no circumstances be interpreted
  291. as being a waiver by the interested Party of its right to invoke said provision(s)
  292. subsequently.
  293. 11.3 The Agreement cancels and replaces any or all previous agreements, whether
  294. written or oral, between the Parties and having the same purpose, and constitutes
  295. the entirety of the agreement between said Parties concerning said purpose.
  296. No supplement or modification to the terms and conditions hereof shall be
  297. effective as between the Parties unless it is made in writing and signed by
  298. their duly authorized representatives.
  299. 11.4 In the event that one or more of the provisions hereof were to conflict
  300. with a current or future applicable act or legislative text, said act or legislative
  301. text shall prevail, and the Parties shall make the necessary amendments so
  302. as to comply with said act or legislative text. All other provisions shall
  303. remain effective. Similarly, invalidity of a provision of the Agreement, for
  304. any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
  305. 11.5 LANGUAGE
  306. The Agreement is drafted in both French and English and both versions are
  307. deemed authentic.
  308. Article 12 - NEW VERSIONS OF THE AGREEMENT
  309. 12.1 Any person is authorized to duplicate and distribute copies of this Agreement.
  310. 12.2 So as to ensure coherence, the wording of this Agreement is protected
  311. and may only be modified by the authors of the License, who reserve the right
  312. to periodically publish updates or new versions of the Agreement, each with
  313. a separate number. These subsequent versions may address new issues encountered
  314. by Free Software.
  315. 12.3 Any Software distributed under a given version of the Agreement may only
  316. be subsequently distributed under the same version of the Agreement or a subsequent
  317. version.
  318. Article 13 - GOVERNING LAW AND JURISDICTION
  319. 13.1 The Agreement is governed by French law. The Parties agree to endeavor
  320. to seek an amicable solution to any disagreements or disputes that may arise
  321. during the performance of the Agreement.
  322. 13.2 Failing an amicable solution within two (2) months as from their occurrence,
  323. and unless emergency proceedings are necessary, the disagreements or disputes
  324. shall be referred to the Paris Courts having jurisdiction, by the more diligent
  325. Party.
  326. Version 1.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel)
  327. L(ibre)
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