Annotation of rpl/Licence_CeCILL_V2-en.txt, revision 1.1
1.1 ! bertrand 1:
! 2: CeCILL FREE SOFTWARE LICENSE AGREEMENT
! 3:
! 4:
! 5: Notice
! 6:
! 7: This Agreement is a Free Software license agreement that is the result
! 8: of discussions between its authors in order to ensure compliance with
! 9: the two main principles guiding its drafting:
! 10:
! 11: * firstly, compliance with the principles governing the distribution
! 12: of Free Software: access to source code, broad rights granted to
! 13: users,
! 14: * secondly, the election of a governing law, French law, with which
! 15: it is conformant, both as regards the law of torts and
! 16: intellectual property law, and the protection that it offers to
! 17: both authors and holders of the economic rights over software.
! 18:
! 19: The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
! 20: license are:
! 21:
! 22: Commissariat à l'Energie Atomique - CEA, a public scientific, technical
! 23: and industrial research establishment, having its principal place of
! 24: business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
! 25:
! 26: Centre National de la Recherche Scientifique - CNRS, a public scientific
! 27: and technological establishment, having its principal place of business
! 28: at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
! 29:
! 30: Institut National de Recherche en Informatique et en Automatique -
! 31: INRIA, a public scientific and technological establishment, having its
! 32: principal place of business at Domaine de Voluceau, Rocquencourt, BP
! 33: 105, 78153 Le Chesnay cedex, France.
! 34:
! 35:
! 36: Preamble
! 37:
! 38: The purpose of this Free Software license agreement is to grant users
! 39: the right to modify and redistribute the software governed by this
! 40: license within the framework of an open source distribution model.
! 41:
! 42: The exercising of these rights is conditional upon certain obligations
! 43: for users so as to preserve this status for all subsequent redistributions.
! 44:
! 45: In consideration of access to the source code and the rights to copy,
! 46: modify and redistribute granted by the license, users are provided only
! 47: with a limited warranty and the software's author, the holder of the
! 48: economic rights, and the successive licensors only have limited liability.
! 49:
! 50: In this respect, the risks associated with loading, using, modifying
! 51: and/or developing or reproducing the software by the user are brought to
! 52: the user's attention, given its Free Software status, which may make it
! 53: complicated to use, with the result that its use is reserved for
! 54: developers and experienced professionals having in-depth computer
! 55: knowledge. Users are therefore encouraged to load and test the
! 56: suitability of the software as regards their requirements in conditions
! 57: enabling the security of their systems and/or data to be ensured and,
! 58: more generally, to use and operate it in the same conditions of
! 59: security. This Agreement may be freely reproduced and published,
! 60: provided it is not altered, and that no provisions are either added or
! 61: removed herefrom.
! 62:
! 63: This Agreement may apply to any or all software for which the holder of
! 64: the economic rights decides to submit the use thereof to its provisions.
! 65:
! 66:
! 67: Article 1 - DEFINITIONS
! 68:
! 69: For the purpose of this Agreement, when the following expressions
! 70: commence with a capital letter, they shall have the following meaning:
! 71:
! 72: Agreement: means this license agreement, and its possible subsequent
! 73: versions and annexes.
! 74:
! 75: Software: means the software in its Object Code and/or Source Code form
! 76: and, where applicable, its documentation, "as is" when the Licensee
! 77: accepts the Agreement.
! 78:
! 79: Initial Software: means the Software in its Source Code and possibly its
! 80: Object Code form and, where applicable, its documentation, "as is" when
! 81: it is first distributed under the terms and conditions of the Agreement.
! 82:
! 83: Modified Software: means the Software modified by at least one
! 84: Contribution.
! 85:
! 86: Source Code: means all the Software's instructions and program lines to
! 87: which access is required so as to modify the Software.
! 88:
! 89: Object Code: means the binary files originating from the compilation of
! 90: the Source Code.
! 91:
! 92: Holder: means the holder(s) of the economic rights over the Initial
! 93: Software.
! 94:
! 95: Licensee: means the Software user(s) having accepted the Agreement.
! 96:
! 97: Contributor: means a Licensee having made at least one Contribution.
! 98:
! 99: Licensor: means the Holder, or any other individual or legal entity, who
! 100: distributes the Software under the Agreement.
! 101:
! 102: Contribution: means any or all modifications, corrections, translations,
! 103: adaptations and/or new functions integrated into the Software by any or
! 104: all Contributors, as well as any or all Internal Modules.
! 105:
! 106: Module: means a set of sources files including their documentation that
! 107: enables supplementary functions or services in addition to those offered
! 108: by the Software.
! 109:
! 110: External Module: means any or all Modules, not derived from the
! 111: Software, so that this Module and the Software run in separate address
! 112: spaces, with one calling the other when they are run.
! 113:
! 114: Internal Module: means any or all Module, connected to the Software so
! 115: that they both execute in the same address space.
! 116:
! 117: GNU GPL: means the GNU General Public License version 2 or any
! 118: subsequent version, as published by the Free Software Foundation Inc.
! 119:
! 120: Parties: mean both the Licensee and the Licensor.
! 121:
! 122: These expressions may be used both in singular and plural form.
! 123:
! 124:
! 125: Article 2 - PURPOSE
! 126:
! 127: The purpose of the Agreement is the grant by the Licensor to the
! 128: Licensee of a non-exclusive, transferable and worldwide license for the
! 129: Software as set forth in Article 5 hereinafter for the whole term of the
! 130: protection granted by the rights over said Software.
! 131:
! 132:
! 133: Article 3 - ACCEPTANCE
! 134:
! 135: 3.1 The Licensee shall be deemed as having accepted the terms and
! 136: conditions of this Agreement upon the occurrence of the first of the
! 137: following events:
! 138:
! 139: * (i) loading the Software by any or all means, notably, by
! 140: downloading from a remote server, or by loading from a physical
! 141: medium;
! 142: * (ii) the first time the Licensee exercises any of the rights
! 143: granted hereunder.
! 144:
! 145: 3.2 One copy of the Agreement, containing a notice relating to the
! 146: characteristics of the Software, to the limited warranty, and to the
! 147: fact that its use is restricted to experienced users has been provided
! 148: to the Licensee prior to its acceptance as set forth in Article 3.1
! 149: hereinabove, and the Licensee hereby acknowledges that it has read and
! 150: understood it.
! 151:
! 152:
! 153: Article 4 - EFFECTIVE DATE AND TERM
! 154:
! 155:
! 156: 4.1 EFFECTIVE DATE
! 157:
! 158: The Agreement shall become effective on the date when it is accepted by
! 159: the Licensee as set forth in Article 3.1.
! 160:
! 161:
! 162: 4.2 TERM
! 163:
! 164: The Agreement shall remain in force for the entire legal term of
! 165: protection of the economic rights over the Software.
! 166:
! 167:
! 168: Article 5 - SCOPE OF RIGHTS GRANTED
! 169:
! 170: The Licensor hereby grants to the Licensee, who accepts, the following
! 171: rights over the Software for any or all use, and for the term of the
! 172: Agreement, on the basis of the terms and conditions set forth hereinafter.
! 173:
! 174: Besides, if the Licensor owns or comes to own one or more patents
! 175: protecting all or part of the functions of the Software or of its
! 176: components, the Licensor undertakes not to enforce the rights granted by
! 177: these patents against successive Licensees using, exploiting or
! 178: modifying the Software. If these patents are transferred, the Licensor
! 179: undertakes to have the transferees subscribe to the obligations set
! 180: forth in this paragraph.
! 181:
! 182:
! 183: 5.1 RIGHT OF USE
! 184:
! 185: The Licensee is authorized to use the Software, without any limitation
! 186: as to its fields of application, with it being hereinafter specified
! 187: that this comprises:
! 188:
! 189: 1. permanent or temporary reproduction of all or part of the Software
! 190: by any or all means and in any or all form.
! 191:
! 192: 2. loading, displaying, running, or storing the Software on any or
! 193: all medium.
! 194:
! 195: 3. entitlement to observe, study or test its operation so as to
! 196: determine the ideas and principles behind any or all constituent
! 197: elements of said Software. This shall apply when the Licensee
! 198: carries out any or all loading, displaying, running, transmission
! 199: or storage operation as regards the Software, that it is entitled
! 200: to carry out hereunder.
! 201:
! 202:
! 203: 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
! 204:
! 205: The right to make Contributions includes the right to translate, adapt,
! 206: arrange, or make any or all modifications to the Software, and the right
! 207: to reproduce the resulting software.
! 208:
! 209: The Licensee is authorized to make any or all Contributions to the
! 210: Software provided that it includes an explicit notice that it is the
! 211: author of said Contribution and indicates the date of the creation thereof.
! 212:
! 213:
! 214: 5.3 RIGHT OF DISTRIBUTION
! 215:
! 216: In particular, the right of distribution includes the right to publish,
! 217: transmit and communicate the Software to the general public on any or
! 218: all medium, and by any or all means, and the right to market, either in
! 219: consideration of a fee, or free of charge, one or more copies of the
! 220: Software by any means.
! 221:
! 222: The Licensee is further authorized to distribute copies of the modified
! 223: or unmodified Software to third parties according to the terms and
! 224: conditions set forth hereinafter.
! 225:
! 226:
! 227: 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
! 228:
! 229: The Licensee is authorized to distribute true copies of the Software in
! 230: Source Code or Object Code form, provided that said distribution
! 231: complies with all the provisions of the Agreement and is accompanied by:
! 232:
! 233: 1. a copy of the Agreement,
! 234:
! 235: 2. a notice relating to the limitation of both the Licensor's
! 236: warranty and liability as set forth in Articles 8 and 9,
! 237:
! 238: and that, in the event that only the Object Code of the Software is
! 239: redistributed, the Licensee allows future Licensees unhindered access to
! 240: the full Source Code of the Software by indicating how to access it, it
! 241: being understood that the additional cost of acquiring the Source Code
! 242: shall not exceed the cost of transferring the data.
! 243:
! 244:
! 245: 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
! 246:
! 247: When the Licensee makes a Contribution to the Software, the terms and
! 248: conditions for the distribution of the resulting Modified Software
! 249: become subject to all the provisions of this Agreement.
! 250:
! 251: The Licensee is authorized to distribute the Modified Software, in
! 252: source code or object code form, provided that said distribution
! 253: complies with all the provisions of the Agreement and is accompanied by:
! 254:
! 255: 1. a copy of the Agreement,
! 256:
! 257: 2. a notice relating to the limitation of both the Licensor's
! 258: warranty and liability as set forth in Articles 8 and 9,
! 259:
! 260: and that, in the event that only the object code of the Modified
! 261: Software is redistributed, the Licensee allows future Licensees
! 262: unhindered access to the full source code of the Modified Software by
! 263: indicating how to access it, it being understood that the additional
! 264: cost of acquiring the source code shall not exceed the cost of
! 265: transferring the data.
! 266:
! 267:
! 268: 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
! 269:
! 270: When the Licensee has developed an External Module, the terms and
! 271: conditions of this Agreement do not apply to said External Module, that
! 272: may be distributed under a separate license agreement.
! 273:
! 274:
! 275: 5.3.4 COMPATIBILITY WITH THE GNU GPL
! 276:
! 277: The Licensee can include a code that is subject to the provisions of one
! 278: of the versions of the GNU GPL in the Modified or unmodified Software,
! 279: and distribute that entire code under the terms of the same version of
! 280: the GNU GPL.
! 281:
! 282: The Licensee can include the Modified or unmodified Software in a code
! 283: that is subject to the provisions of one of the versions of the GNU GPL,
! 284: and distribute that entire code under the terms of the same version of
! 285: the GNU GPL.
! 286:
! 287:
! 288: Article 6 - INTELLECTUAL PROPERTY
! 289:
! 290:
! 291: 6.1 OVER THE INITIAL SOFTWARE
! 292:
! 293: The Holder owns the economic rights over the Initial Software. Any or
! 294: all use of the Initial Software is subject to compliance with the terms
! 295: and conditions under which the Holder has elected to distribute its work
! 296: and no one shall be entitled to modify the terms and conditions for the
! 297: distribution of said Initial Software.
! 298:
! 299: The Holder undertakes that the Initial Software will remain ruled at
! 300: least by this Agreement, for the duration set forth in Article 4.2.
! 301:
! 302:
! 303: 6.2 OVER THE CONTRIBUTIONS
! 304:
! 305: The Licensee who develops a Contribution is the owner of the
! 306: intellectual property rights over this Contribution as defined by
! 307: applicable law.
! 308:
! 309:
! 310: 6.3 OVER THE EXTERNAL MODULES
! 311:
! 312: The Licensee who develops an External Module is the owner of the
! 313: intellectual property rights over this External Module as defined by
! 314: applicable law and is free to choose the type of agreement that shall
! 315: govern its distribution.
! 316:
! 317:
! 318: 6.4 JOINT PROVISIONS
! 319:
! 320: The Licensee expressly undertakes:
! 321:
! 322: 1. not to remove, or modify, in any manner, the intellectual property
! 323: notices attached to the Software;
! 324:
! 325: 2. to reproduce said notices, in an identical manner, in the copies
! 326: of the Software modified or not.
! 327:
! 328: The Licensee undertakes not to directly or indirectly infringe the
! 329: intellectual property rights of the Holder and/or Contributors on the
! 330: Software and to take, where applicable, vis-à-vis its staff, any and all
! 331: measures required to ensure respect of said intellectual property rights
! 332: of the Holder and/or Contributors.
! 333:
! 334:
! 335: Article 7 - RELATED SERVICES
! 336:
! 337: 7.1 Under no circumstances shall the Agreement oblige the Licensor to
! 338: provide technical assistance or maintenance services for the Software.
! 339:
! 340: However, the Licensor is entitled to offer this type of services. The
! 341: terms and conditions of such technical assistance, and/or such
! 342: maintenance, shall be set forth in a separate instrument. Only the
! 343: Licensor offering said maintenance and/or technical assistance services
! 344: shall incur liability therefor.
! 345:
! 346: 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
! 347: its sole responsibility, a warranty, that shall only be binding upon
! 348: itself, for the redistribution of the Software and/or the Modified
! 349: Software, under terms and conditions that it is free to decide. Said
! 350: warranty, and the financial terms and conditions of its application,
! 351: shall be subject of a separate instrument executed between the Licensor
! 352: and the Licensee.
! 353:
! 354:
! 355: Article 8 - LIABILITY
! 356:
! 357: 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
! 358: entitled to claim compensation for any direct loss it may have suffered
! 359: from the Software as a result of a fault on the part of the relevant
! 360: Licensor, subject to providing evidence thereof.
! 361:
! 362: 8.2 The Licensor's liability is limited to the commitments made under
! 363: this Agreement and shall not be incurred as a result of in particular:
! 364: (i) loss due the Licensee's total or partial failure to fulfill its
! 365: obligations, (ii) direct or consequential loss that is suffered by the
! 366: Licensee due to the use or performance of the Software, and (iii) more
! 367: generally, any consequential loss. In particular the Parties expressly
! 368: agree that any or all pecuniary or business loss (i.e. loss of data,
! 369: loss of profits, operating loss, loss of customers or orders,
! 370: opportunity cost, any disturbance to business activities) or any or all
! 371: legal proceedings instituted against the Licensee by a third party,
! 372: shall constitute consequential loss and shall not provide entitlement to
! 373: any or all compensation from the Licensor.
! 374:
! 375:
! 376: Article 9 - WARRANTY
! 377:
! 378: 9.1 The Licensee acknowledges that the scientific and technical
! 379: state-of-the-art when the Software was distributed did not enable all
! 380: possible uses to be tested and verified, nor for the presence of
! 381: possible defects to be detected. In this respect, the Licensee's
! 382: attention has been drawn to the risks associated with loading, using,
! 383: modifying and/or developing and reproducing the Software which are
! 384: reserved for experienced users.
! 385:
! 386: The Licensee shall be responsible for verifying, by any or all means,
! 387: the suitability of the product for its requirements, its good working
! 388: order, and for ensuring that it shall not cause damage to either persons
! 389: or properties.
! 390:
! 391: 9.2 The Licensor hereby represents, in good faith, that it is entitled
! 392: to grant all the rights over the Software (including in particular the
! 393: rights set forth in Article 5).
! 394:
! 395: 9.3 The Licensee acknowledges that the Software is supplied "as is" by
! 396: the Licensor without any other express or tacit warranty, other than
! 397: that provided for in Article 9.2 and, in particular, without any warranty
! 398: as to its commercial value, its secured, safe, innovative or relevant
! 399: nature.
! 400:
! 401: Specifically, the Licensor does not warrant that the Software is free
! 402: from any error, that it will operate without interruption, that it will
! 403: be compatible with the Licensee's own equipment and software
! 404: configuration, nor that it will meet the Licensee's requirements.
! 405:
! 406: 9.4 The Licensor does not either expressly or tacitly warrant that the
! 407: Software does not infringe any third party intellectual property right
! 408: relating to a patent, software or any other property right. Therefore,
! 409: the Licensor disclaims any and all liability towards the Licensee
! 410: arising out of any or all proceedings for infringement that may be
! 411: instituted in respect of the use, modification and redistribution of the
! 412: Software. Nevertheless, should such proceedings be instituted against
! 413: the Licensee, the Licensor shall provide it with technical and legal
! 414: assistance for its defense. Such technical and legal assistance shall be
! 415: decided on a case-by-case basis between the relevant Licensor and the
! 416: Licensee pursuant to a memorandum of understanding. The Licensor
! 417: disclaims any and all liability as regards the Licensee's use of the
! 418: name of the Software. No warranty is given as regards the existence of
! 419: prior rights over the name of the Software or as regards the existence
! 420: of a trademark.
! 421:
! 422:
! 423: Article 10 - TERMINATION
! 424:
! 425: 10.1 In the event of a breach by the Licensee of its obligations
! 426: hereunder, the Licensor may automatically terminate this Agreement
! 427: thirty (30) days after notice has been sent to the Licensee and has
! 428: remained ineffective.
! 429:
! 430: 10.2 A Licensee whose Agreement is terminated shall no longer be
! 431: authorized to use, modify or distribute the Software. However, any
! 432: licenses that it may have granted prior to termination of the Agreement
! 433: shall remain valid subject to their having been granted in compliance
! 434: with the terms and conditions hereof.
! 435:
! 436:
! 437: Article 11 - MISCELLANEOUS
! 438:
! 439:
! 440: 11.1 EXCUSABLE EVENTS
! 441:
! 442: Neither Party shall be liable for any or all delay, or failure to
! 443: perform the Agreement, that may be attributable to an event of force
! 444: majeure, an act of God or an outside cause, such as defective
! 445: functioning or interruptions of the electricity or telecommunications
! 446: networks, network paralysis following a virus attack, intervention by
! 447: government authorities, natural disasters, water damage, earthquakes,
! 448: fire, explosions, strikes and labor unrest, war, etc.
! 449:
! 450: 11.2 Any failure by either Party, on one or more occasions, to invoke
! 451: one or more of the provisions hereof, shall under no circumstances be
! 452: interpreted as being a waiver by the interested Party of its right to
! 453: invoke said provision(s) subsequently.
! 454:
! 455: 11.3 The Agreement cancels and replaces any or all previous agreements,
! 456: whether written or oral, between the Parties and having the same
! 457: purpose, and constitutes the entirety of the agreement between said
! 458: Parties concerning said purpose. No supplement or modification to the
! 459: terms and conditions hereof shall be effective as between the Parties
! 460: unless it is made in writing and signed by their duly authorized
! 461: representatives.
! 462:
! 463: 11.4 In the event that one or more of the provisions hereof were to
! 464: conflict with a current or future applicable act or legislative text,
! 465: said act or legislative text shall prevail, and the Parties shall make
! 466: the necessary amendments so as to comply with said act or legislative
! 467: text. All other provisions shall remain effective. Similarly, invalidity
! 468: of a provision of the Agreement, for any reason whatsoever, shall not
! 469: cause the Agreement as a whole to be invalid.
! 470:
! 471:
! 472: 11.5 LANGUAGE
! 473:
! 474: The Agreement is drafted in both French and English and both versions
! 475: are deemed authentic.
! 476:
! 477:
! 478: Article 12 - NEW VERSIONS OF THE AGREEMENT
! 479:
! 480: 12.1 Any person is authorized to duplicate and distribute copies of this
! 481: Agreement.
! 482:
! 483: 12.2 So as to ensure coherence, the wording of this Agreement is
! 484: protected and may only be modified by the authors of the License, who
! 485: reserve the right to periodically publish updates or new versions of the
! 486: Agreement, each with a separate number. These subsequent versions may
! 487: address new issues encountered by Free Software.
! 488:
! 489: 12.3 Any Software distributed under a given version of the Agreement may
! 490: only be subsequently distributed under the same version of the Agreement
! 491: or a subsequent version, subject to the provisions of Article 5.3.4.
! 492:
! 493:
! 494: Article 13 - GOVERNING LAW AND JURISDICTION
! 495:
! 496: 13.1 The Agreement is governed by French law. The Parties agree to
! 497: endeavor to seek an amicable solution to any disagreements or disputes
! 498: that may arise during the performance of the Agreement.
! 499:
! 500: 13.2 Failing an amicable solution within two (2) months as from their
! 501: occurrence, and unless emergency proceedings are necessary, the
! 502: disagreements or disputes shall be referred to the Paris Courts having
! 503: jurisdiction, by the more diligent Party.
! 504:
! 505:
! 506: Version 2.0 dated 2006-09-05.
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