00001 00002 /* ********************************************************************************************************************************* 00003 00004 00005 CeCILL FREE SOFTWARE LICENSE AGREEMENT 00006 00007 00008 Notice 00009 00010 This Agreement is a Free Software license agreement that is the result 00011 of discussions between its authors in order to ensure compliance with 00012 the two main principles guiding its drafting: 00013 00014 * firstly, compliance with the principles governing the distribution 00015 of Free Software: access to source code, broad rights granted to 00016 users, 00017 * secondly, the election of a governing law, French law, with which 00018 it is conformant, both as regards the law of torts and 00019 intellectual property law, and the protection that it offers to 00020 both authors and holders of the economic rights over software. 00021 00022 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) 00023 license are: 00024 00025 Commissariat a l'Energie Atomique - CEA, a public scientific, technical 00026 and industrial research establishment, having its principal place of 00027 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. 00028 00029 Centre National de la Recherche Scientifique - CNRS, a public scientific 00030 and technological establishment, having its principal place of business 00031 at 3 rue Michel-Ange, 75794 Paris cedex 16, France. 00032 00033 Institut National de Recherche en Informatique et en Automatique - 00034 INRIA, a public scientific and technological establishment, having its 00035 principal place of business at Domaine de Voluceau, Rocquencourt, BP 00036 105, 78153 Le Chesnay cedex, France. 00037 00038 00039 Preamble 00040 00041 The purpose of this Free Software license agreement is to grant users 00042 the right to modify and redistribute the software governed by this 00043 license within the framework of an open source distribution model. 00044 00045 The exercising of these rights is conditional upon certain obligations 00046 for users so as to preserve this status for all subsequent redistributions. 00047 00048 In consideration of access to the source code and the rights to copy, 00049 modify and redistribute granted by the license, users are provided only 00050 with a limited warranty and the software's author, the holder of the 00051 economic rights, and the successive licensors only have limited liability. 00052 00053 In this respect, the risks associated with loading, using, modifying 00054 and/or developing or reproducing the software by the user are brought to 00055 the user's attention, given its Free Software status, which may make it 00056 complicated to use, with the result that its use is reserved for 00057 developers and experienced professionals having in-depth computer 00058 knowledge. Users are therefore encouraged to load and test the 00059 suitability of the software as regards their requirements in conditions 00060 enabling the security of their systems and/or data to be ensured and, 00061 more generally, to use and operate it in the same conditions of 00062 security. This Agreement may be freely reproduced and published, 00063 provided it is not altered, and that no provisions are either added or 00064 removed herefrom. 00065 00066 This Agreement may apply to any or all software for which the holder of 00067 the economic rights decides to submit the use thereof to its provisions. 00068 00069 00070 Article 1 - DEFINITIONS 00071 00072 For the purpose of this Agreement, when the following expressions 00073 commence with a capital letter, they shall have the following meaning: 00074 00075 Agreement: means this license agreement, and its possible subsequent 00076 versions and annexes. 00077 00078 Software: means the software in its Object Code and/or Source Code form 00079 and, where applicable, its documentation, "as is" when the Licensee 00080 accepts the Agreement. 00081 00082 Initial Software: means the Software in its Source Code and possibly its 00083 Object Code form and, where applicable, its documentation, "as is" when 00084 it is first distributed under the terms and conditions of the Agreement. 00085 00086 Modified Software: means the Software modified by at least one 00087 Contribution. 00088 00089 Source Code: means all the Software's instructions and program lines to 00090 which access is required so as to modify the Software. 00091 00092 Object Code: means the binary files originating from the compilation of 00093 the Source Code. 00094 00095 Holder: means the holder(s) of the economic rights over the Initial 00096 Software. 00097 00098 Licensee: means the Software user(s) having accepted the Agreement. 00099 00100 Contributor: means a Licensee having made at least one Contribution. 00101 00102 Licensor: means the Holder, or any other individual or legal entity, who 00103 distributes the Software under the Agreement. 00104 00105 Contribution: means any or all modifications, corrections, translations, 00106 adaptations and/or new functions integrated into the Software by any or 00107 all Contributors, as well as any or all Internal Modules. 00108 00109 Module: means a set of sources files including their documentation that 00110 enables supplementary functions or services in addition to those offered 00111 by the Software. 00112 00113 External Module: means any or all Modules, not derived from the 00114 Software, so that this Module and the Software run in separate address 00115 spaces, with one calling the other when they are run. 00116 00117 Internal Module: means any or all Module, connected to the Software so 00118 that they both execute in the same address space. 00119 00120 GNU GPL: means the GNU General Public License version 2 or any 00121 subsequent version, as published by the Free Software Foundation Inc. 00122 00123 Parties: mean both the Licensee and the Licensor. 00124 00125 These expressions may be used both in singular and plural form. 00126 00127 00128 Article 2 - PURPOSE 00129 00130 The purpose of the Agreement is the grant by the Licensor to the 00131 Licensee of a non-exclusive, transferable and worldwide license for the 00132 Software as set forth in Article 5 hereinafter for the whole term of the 00133 protection granted by the rights over said Software. 00134 00135 00136 Article 3 - ACCEPTANCE 00137 00138 3.1 The Licensee shall be deemed as having accepted the terms and 00139 conditions of this Agreement upon the occurrence of the first of the 00140 following events: 00141 00142 * (i) loading the Software by any or all means, notably, by 00143 downloading from a remote server, or by loading from a physical 00144 medium; 00145 * (ii) the first time the Licensee exercises any of the rights 00146 granted hereunder. 00147 00148 3.2 One copy of the Agreement, containing a notice relating to the 00149 characteristics of the Software, to the limited warranty, and to the 00150 fact that its use is restricted to experienced users has been provided 00151 to the Licensee prior to its acceptance as set forth in Article 3.1 00152 hereinabove, and the Licensee hereby acknowledges that it has read and 00153 understood it. 00154 00155 00156 Article 4 - EFFECTIVE DATE AND TERM 00157 00158 00159 4.1 EFFECTIVE DATE 00160 00161 The Agreement shall become effective on the date when it is accepted by 00162 the Licensee as set forth in Article 3.1. 00163 00164 00165 4.2 TERM 00166 00167 The Agreement shall remain in force for the entire legal term of 00168 protection of the economic rights over the Software. 00169 00170 00171 Article 5 - SCOPE OF RIGHTS GRANTED 00172 00173 The Licensor hereby grants to the Licensee, who accepts, the following 00174 rights over the Software for any or all use, and for the term of the 00175 Agreement, on the basis of the terms and conditions set forth hereinafter. 00176 00177 Besides, if the Licensor owns or comes to own one or more patents 00178 protecting all or part of the functions of the Software or of its 00179 components, the Licensor undertakes not to enforce the rights granted by 00180 these patents against successive Licensees using, exploiting or 00181 modifying the Software. If these patents are transferred, the Licensor 00182 undertakes to have the transferees subscribe to the obligations set 00183 forth in this paragraph. 00184 00185 00186 5.1 RIGHT OF USE 00187 00188 The Licensee is authorized to use the Software, without any limitation 00189 as to its fields of application, with it being hereinafter specified 00190 that this comprises: 00191 00192 1. permanent or temporary reproduction of all or part of the Software 00193 by any or all means and in any or all form. 00194 00195 2. loading, displaying, running, or storing the Software on any or 00196 all medium. 00197 00198 3. entitlement to observe, study or test its operation so as to 00199 determine the ideas and principles behind any or all constituent 00200 elements of said Software. This shall apply when the Licensee 00201 carries out any or all loading, displaying, running, transmission 00202 or storage operation as regards the Software, that it is entitled 00203 to carry out hereunder. 00204 00205 00206 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS 00207 00208 The right to make Contributions includes the right to translate, adapt, 00209 arrange, or make any or all modifications to the Software, and the right 00210 to reproduce the resulting software. 00211 00212 The Licensee is authorized to make any or all Contributions to the 00213 Software provided that it includes an explicit notice that it is the 00214 author of said Contribution and indicates the date of the creation thereof. 00215 00216 00217 5.3 RIGHT OF DISTRIBUTION 00218 00219 In particular, the right of distribution includes the right to publish, 00220 transmit and communicate the Software to the general public on any or 00221 all medium, and by any or all means, and the right to market, either in 00222 consideration of a fee, or free of charge, one or more copies of the 00223 Software by any means. 00224 00225 The Licensee is further authorized to distribute copies of the modified 00226 or unmodified Software to third parties according to the terms and 00227 conditions set forth hereinafter. 00228 00229 00230 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION 00231 00232 The Licensee is authorized to distribute true copies of the Software in 00233 Source Code or Object Code form, provided that said distribution 00234 complies with all the provisions of the Agreement and is accompanied by: 00235 00236 1. a copy of the Agreement, 00237 00238 2. a notice relating to the limitation of both the Licensor's 00239 warranty and liability as set forth in Articles 8 and 9, 00240 00241 and that, in the event that only the Object Code of the Software is 00242 redistributed, the Licensee allows future Licensees unhindered access to 00243 the full Source Code of the Software by indicating how to access it, it 00244 being understood that the additional cost of acquiring the Source Code 00245 shall not exceed the cost of transferring the data. 00246 00247 00248 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE 00249 00250 When the Licensee makes a Contribution to the Software, the terms and 00251 conditions for the distribution of the resulting Modified Software 00252 become subject to all the provisions of this Agreement. 00253 00254 The Licensee is authorized to distribute the Modified Software, in 00255 source code or object code form, provided that said distribution 00256 complies with all the provisions of the Agreement and is accompanied by: 00257 00258 1. a copy of the Agreement, 00259 00260 2. a notice relating to the limitation of both the Licensor's 00261 warranty and liability as set forth in Articles 8 and 9, 00262 00263 and that, in the event that only the object code of the Modified 00264 Software is redistributed, the Licensee allows future Licensees 00265 unhindered access to the full source code of the Modified Software by 00266 indicating how to access it, it being understood that the additional 00267 cost of acquiring the source code shall not exceed the cost of 00268 transferring the data. 00269 00270 00271 5.3.3 DISTRIBUTION OF EXTERNAL MODULES 00272 00273 When the Licensee has developed an External Module, the terms and 00274 conditions of this Agreement do not apply to said External Module, that 00275 may be distributed under a separate license agreement. 00276 00277 00278 5.3.4 COMPATIBILITY WITH THE GNU GPL 00279 00280 The Licensee can include a code that is subject to the provisions of one 00281 of the versions of the GNU GPL in the Modified or unmodified Software, 00282 and distribute that entire code under the terms of the same version of 00283 the GNU GPL. 00284 00285 The Licensee can include the Modified or unmodified Software in a code 00286 that is subject to the provisions of one of the versions of the GNU GPL, 00287 and distribute that entire code under the terms of the same version of 00288 the GNU GPL. 00289 00290 00291 Article 6 - INTELLECTUAL PROPERTY 00292 00293 00294 6.1 OVER THE INITIAL SOFTWARE 00295 00296 The Holder owns the economic rights over the Initial Software. Any or 00297 all use of the Initial Software is subject to compliance with the terms 00298 and conditions under which the Holder has elected to distribute its work 00299 and no one shall be entitled to modify the terms and conditions for the 00300 distribution of said Initial Software. 00301 00302 The Holder undertakes that the Initial Software will remain ruled at 00303 least by this Agreement, for the duration set forth in Article 4.2. 00304 00305 00306 6.2 OVER THE CONTRIBUTIONS 00307 00308 The Licensee who develops a Contribution is the owner of the 00309 intellectual property rights over this Contribution as defined by 00310 applicable law. 00311 00312 00313 6.3 OVER THE EXTERNAL MODULES 00314 00315 The Licensee who develops an External Module is the owner of the 00316 intellectual property rights over this External Module as defined by 00317 applicable law and is free to choose the type of agreement that shall 00318 govern its distribution. 00319 00320 00321 6.4 JOINT PROVISIONS 00322 00323 The Licensee expressly undertakes: 00324 00325 1. not to remove, or modify, in any manner, the intellectual property 00326 notices attached to the Software; 00327 00328 2. to reproduce said notices, in an identical manner, in the copies 00329 of the Software modified or not. 00330 00331 The Licensee undertakes not to directly or indirectly infringe the 00332 intellectual property rights of the Holder and/or Contributors on the 00333 Software and to take, where applicable, vis-a-vis its staff, any and all 00334 measures required to ensure respect of said intellectual property rights 00335 of the Holder and/or Contributors. 00336 00337 00338 Article 7 - RELATED SERVICES 00339 00340 7.1 Under no circumstances shall the Agreement oblige the Licensor to 00341 provide technical assistance or maintenance services for the Software. 00342 00343 However, the Licensor is entitled to offer this type of services. The 00344 terms and conditions of such technical assistance, and/or such 00345 maintenance, shall be set forth in a separate instrument. Only the 00346 Licensor offering said maintenance and/or technical assistance services 00347 shall incur liability therefor. 00348 00349 7.2 Similarly, any Licensor is entitled to offer to its licensees, under 00350 its sole responsibility, a warranty, that shall only be binding upon 00351 itself, for the redistribution of the Software and/or the Modified 00352 Software, under terms and conditions that it is free to decide. Said 00353 warranty, and the financial terms and conditions of its application, 00354 shall be subject of a separate instrument executed between the Licensor 00355 and the Licensee. 00356 00357 00358 Article 8 - LIABILITY 00359 00360 8.1 Subject to the provisions of Article 8.2, the Licensee shall be 00361 entitled to claim compensation for any direct loss it may have suffered 00362 from the Software as a result of a fault on the part of the relevant 00363 Licensor, subject to providing evidence thereof. 00364 00365 8.2 The Licensor's liability is limited to the commitments made under 00366 this Agreement and shall not be incurred as a result of in particular: 00367 (i) loss due the Licensee's total or partial failure to fulfill its 00368 obligations, (ii) direct or consequential loss that is suffered by the 00369 Licensee due to the use or performance of the Software, and (iii) more 00370 generally, any consequential loss. In particular the Parties expressly 00371 agree that any or all pecuniary or business loss (i.e. loss of data, 00372 loss of profits, operating loss, loss of customers or orders, 00373 opportunity cost, any disturbance to business activities) or any or all 00374 legal proceedings instituted against the Licensee by a third party, 00375 shall constitute consequential loss and shall not provide entitlement to 00376 any or all compensation from the Licensor. 00377 00378 00379 Article 9 - WARRANTY 00380 00381 9.1 The Licensee acknowledges that the scientific and technical 00382 state-of-the-art when the Software was distributed did not enable all 00383 possible uses to be tested and verified, nor for the presence of 00384 possible defects to be detected. In this respect, the Licensee's 00385 attention has been drawn to the risks associated with loading, using, 00386 modifying and/or developing and reproducing the Software which are 00387 reserved for experienced users. 00388 00389 The Licensee shall be responsible for verifying, by any or all means, 00390 the suitability of the product for its requirements, its good working 00391 order, and for ensuring that it shall not cause damage to either persons 00392 or properties. 00393 00394 9.2 The Licensor hereby represents, in good faith, that it is entitled 00395 to grant all the rights over the Software (including in particular the 00396 rights set forth in Article 5). 00397 00398 9.3 The Licensee acknowledges that the Software is supplied "as is" by 00399 the Licensor without any other express or tacit warranty, other than 00400 that provided for in Article 9.2 and, in particular, without any warranty 00401 as to its commercial value, its secured, safe, innovative or relevant 00402 nature. 00403 00404 Specifically, the Licensor does not warrant that the Software is free 00405 from any error, that it will operate without interruption, that it will 00406 be compatible with the Licensee's own equipment and software 00407 configuration, nor that it will meet the Licensee's requirements. 00408 00409 9.4 The Licensor does not either expressly or tacitly warrant that the 00410 Software does not infringe any third party intellectual property right 00411 relating to a patent, software or any other property right. Therefore, 00412 the Licensor disclaims any and all liability towards the Licensee 00413 arising out of any or all proceedings for infringement that may be 00414 instituted in respect of the use, modification and redistribution of the 00415 Software. Nevertheless, should such proceedings be instituted against 00416 the Licensee, the Licensor shall provide it with technical and legal 00417 assistance for its defense. Such technical and legal assistance shall be 00418 decided on a case-by-case basis between the relevant Licensor and the 00419 Licensee pursuant to a memorandum of understanding. The Licensor 00420 disclaims any and all liability as regards the Licensee's use of the 00421 name of the Software. No warranty is given as regards the existence of 00422 prior rights over the name of the Software or as regards the existence 00423 of a trademark. 00424 00425 00426 Article 10 - TERMINATION 00427 00428 10.1 In the event of a breach by the Licensee of its obligations 00429 hereunder, the Licensor may automatically terminate this Agreement 00430 thirty (30) days after notice has been sent to the Licensee and has 00431 remained ineffective. 00432 00433 10.2 A Licensee whose Agreement is terminated shall no longer be 00434 authorized to use, modify or distribute the Software. However, any 00435 licenses that it may have granted prior to termination of the Agreement 00436 shall remain valid subject to their having been granted in compliance 00437 with the terms and conditions hereof. 00438 00439 00440 Article 11 - MISCELLANEOUS 00441 00442 00443 11.1 EXCUSABLE EVENTS 00444 00445 Neither Party shall be liable for any or all delay, or failure to 00446 perform the Agreement, that may be attributable to an event of force 00447 majeure, an act of God or an outside cause, such as defective 00448 functioning or interruptions of the electricity or telecommunications 00449 networks, network paralysis following a virus attack, intervention by 00450 government authorities, natural disasters, water damage, earthquakes, 00451 fire, explosions, strikes and labor unrest, war, etc. 00452 00453 11.2 Any failure by either Party, on one or more occasions, to invoke 00454 one or more of the provisions hereof, shall under no circumstances be 00455 interpreted as being a waiver by the interested Party of its right to 00456 invoke said provision(s) subsequently. 00457 00458 11.3 The Agreement cancels and replaces any or all previous agreements, 00459 whether written or oral, between the Parties and having the same 00460 purpose, and constitutes the entirety of the agreement between said 00461 Parties concerning said purpose. No supplement or modification to the 00462 terms and conditions hereof shall be effective as between the Parties 00463 unless it is made in writing and signed by their duly authorized 00464 representatives. 00465 00466 11.4 In the event that one or more of the provisions hereof were to 00467 conflict with a current or future applicable act or legislative text, 00468 said act or legislative text shall prevail, and the Parties shall make 00469 the necessary amendments so as to comply with said act or legislative 00470 text. All other provisions shall remain effective. Similarly, invalidity 00471 of a provision of the Agreement, for any reason whatsoever, shall not 00472 cause the Agreement as a whole to be invalid. 00473 00474 00475 11.5 LANGUAGE 00476 00477 The Agreement is drafted in both French and English and both versions 00478 are deemed authentic. 00479 00480 00481 Article 12 - NEW VERSIONS OF THE AGREEMENT 00482 00483 12.1 Any person is authorized to duplicate and distribute copies of this 00484 Agreement. 00485 00486 12.2 So as to ensure coherence, the wording of this Agreement is 00487 protected and may only be modified by the authors of the License, who 00488 reserve the right to periodically publish updates or new versions of the 00489 Agreement, each with a separate number. These subsequent versions may 00490 address new issues encountered by Free Software. 00491 00492 12.3 Any Software distributed under a given version of the Agreement may 00493 only be subsequently distributed under the same version of the Agreement 00494 or a subsequent version, subject to the provisions of Article 5.3.4. 00495 00496 00497 Article 13 - GOVERNING LAW AND JURISDICTION 00498 00499 13.1 The Agreement is governed by French law. The Parties agree to 00500 endeavor to seek an amicable solution to any disagreements or disputes 00501 that may arise during the performance of the Agreement. 00502 00503 13.2 Failing an amicable solution within two (2) months as from their 00504 occurrence, and unless emergency proceedings are necessary, the 00505 disagreements or disputes shall be referred to the Paris Courts having 00506 jurisdiction, by the more diligent Party. 00507 00508 00509 Version 2.0 dated 2006-09-05. 00510 00511 00512 ********************************************************************************************************************************* */