File:  [local] / rpl / Licence_CeCILL_V2-en.txt
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CVS tags: rpl-4_1_31, HEAD
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    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  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--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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