Annotation of rpl/Licence_CeCILL_V2-en.txt, revision 1.6

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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