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1
2 CeCILL-C 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-C (for Ce[a] C[nrs] I[nria] L[logiciel] 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 the
39 right to modify and re-use the software governed by this license.
40
41 The exercising of this right is conditional on the obligation to make
42 available to the community the modifications made to the source code of the
43 software so as to contribute to its evolution.
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 suitability
56 of the software as regards their requirements in conditions enabling the
57 security of their systems and/or data to be ensured and, more generally, to
58 use and operate it in the same conditions of security. This Agreement may be
59 freely reproduced and published, provided it is not altered, and that no
60 provisions are either added or removed herefrom.
61
62 This Agreement may apply to any or all software for which the holder of
63 the economic rights decides to submit the use thereof to its provisions.
64
65
66 Article 1 - DEFINITIONS
67
68 For the purpose of this Agreement, when the following expressions
69 commence with a capital letter, they shall have the following meaning:
70
71 Agreement: means this license agreement, and its possible subsequent
72 versions and annexes.
73
74 Software: means the software in its Object Code and/or Source Code form
75 and, where applicable, its documentation, "as is" when the Licensee
76 accepts the Agreement.
77
78 Initial Software: means the Software in its Source Code and possibly its
79 Object Code form and, where applicable, its documentation, "as is" when
80 it is first distributed under the terms and conditions of the Agreement.
81
82 Modified Software: means the Software modified by at least one Integrated
83 Contribution.
84
85 Source Code: means all the Software's instructions and program lines to
86 which access is required so as to modify the Software.
87
88 Object Code: means the binary files originating from the compilation of
89 the Source Code.
90
91 Holder: means the holder(s) of the economic rights over the Initial
92 Software.
93
94 Licensee: means the Software user(s) having accepted the Agreement.
95
96 Contributor: means a Licensee having made at least one Integrated
97 Contribution.
98
99 Licensor: means the Holder, or any other individual or legal entity, who
100 distributes the Software under the Agreement.
101
102 Integrated Contribution: means any or all modifications, corrections,
103 translations, adaptations and/or new functions integrated into the Source
104 Code by any or all Contributors.
105
106 Related Module: means a set of sources files including their documentation
107 that, without modification to the Source Code, enables supplementary
108 functions or services in addition to those offered by the Software.
109
110 Derivative Software: means any combination of the Software, modified or not,
111 and of a Related Module.
112
113 Parties: mean both the Licensee and the Licensor.
114
115 These expressions may be used both in singular and plural form.
116
117
118 Article 2 - PURPOSE
119
120 The purpose of the Agreement is the grant by the Licensor to the
121 Licensee of a non-exclusive, transferable and worldwide license for the
122 Software as set forth in Article 5 hereinafter for the whole term of the
123 protection granted by the rights over said Software.
124
125
126 Article 3 - ACCEPTANCE
127
128 3.1 The Licensee shall be deemed as having accepted the terms and
129 conditions of this Agreement upon the occurrence of the first of the
130 following events:
131
132 * (i) loading the Software by any or all means, notably, by
133 downloading from a remote server, or by loading from a physical
134 medium;
135 * (ii) the first time the Licensee exercises any of the rights
136 granted hereunder.
137
138 3.2 One copy of the Agreement, containing a notice relating to the
139 characteristics of the Software, to the limited warranty, and to the
140 fact that its use is restricted to experienced users has been provided
141 to the Licensee prior to its acceptance as set forth in Article 3.1
142 hereinabove, and the Licensee hereby acknowledges that it has read and
143 understood it.
144
145
146 Article 4 - EFFECTIVE DATE AND TERM
147
148
149 4.1 EFFECTIVE DATE
150
151 The Agreement shall become effective on the date when it is accepted by
152 the Licensee as set forth in Article 3.1.
153
154
155 4.2 TERM
156
157 The Agreement shall remain in force for the entire legal term of
158 protection of the economic rights over the Software.
159
160
161 Article 5 - SCOPE OF RIGHTS GRANTED
162
163 The Licensor hereby grants to the Licensee, who accepts, the following
164 rights over the Software for any or all use, and for the term of the
165 Agreement, on the basis of the terms and conditions set forth hereinafter.
166
167 Besides, if the Licensor owns or comes to own one or more patents
168 protecting all or part of the functions of the Software or of its
169 components, the Licensor undertakes not to enforce the rights granted by
170 these patents against successive Licensees using, exploiting or
171 modifying the Software. If these patents are transferred, the Licensor
172 undertakes to have the transferees subscribe to the obligations set
173 forth in this paragraph.
174
175
176 5.1 RIGHT OF USE
177
178 The Licensee is authorized to use the Software, without any limitation
179 as to its fields of application, with it being hereinafter specified
180 that this comprises:
181
182 1. permanent or temporary reproduction of all or part of the Software
183 by any or all means and in any or all form.
184 2. loading, displaying, running, or storing the Software on any or
185 all medium.
186 3. entitlement to observe, study or test its operation so as to
187 determine the ideas and principles behind any or all constituent
188 elements of said Software. This shall apply when the Licensee
189 carries out any or all loading, displaying, running, transmission
190 or storage operation as regards the Software, that it is entitled
191 to carry out hereunder.
192
193
194 5.2 RIGHT OF MODIFICATION
195
196 The right of modification includes the right to translate, adapt, arrange,
197 or make any or all modifications to the Software, and the right to
198 reproduce the resulting Software. It includes, in particular, the right
199 to create a Derivative Software.
200
201 The Licensee is authorized to make any or all modification to the
202 Software provided that it includes an explicit notice that it is the
203 author of said modification and indicates the date of the creation thereof.
204
205
206 5.3 RIGHT OF DISTRIBUTION
207
208 In particular, the right of distribution includes the right to publish,
209 transmit and communicate the Software to the general public on any or
210 all medium, and by any or all means, and the right to market, either in
211 consideration of a fee, or free of charge, one or more copies of the
212 Software by any means.
213
214 The Licensee is further authorized to distribute copies of the modified
215 or unmodified Software to third parties according to the terms and
216 conditions set forth hereinafter.
217
218
219 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
220
221 The Licensee is authorized to distribute true copies of the Software in
222 Source Code or Object Code form, provided that said distribution
223 complies with all the provisions of the Agreement and is accompanied by:
224
225 1. a copy of the Agreement,
226
227 2. a notice relating to the limitation of both the Licensor's
228 warranty and liability as set forth in Articles 8 and 9,
229
230 and that, in the event that only the Object Code of the Software is
231 redistributed, the Licensee allows effective access to the full Source Code
232 of the Software at a minimum during the entire period of its distribution
233 of the Software, it being understood that the additional cost of acquiring
234 the Source Code shall not exceed the cost of transferring the data.
235
236
237 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
238
239 When the Licensee makes an Integrated Contribution to the Software, the terms
240 and conditions for the distribution of the resulting Modified Software become
241 subject to all the provisions of this Agreement.
242
243 The Licensee is authorized to distribute the Modified Software, in source
244 code or object code form, provided that said distribution complies with all
245 the provisions of the Agreement and is accompanied by:
246
247 1. a copy of the Agreement,
248 2. a notice relating to the limitation of both the Licensor's warranty and
249 liability as set forth in Articles 8 and 9,
250
251 and that, in the event that only the object code of the Modified Software is
252 redistributed, the Licensee allows effective access to the full source code
253 of the Modified Software at a minimum during the entire period of its
254 distribution of the Modified Software, it being understood that the
255 additional cost of acquiring the source code shall not exceed the cost of
256 transferring the data.
257
258 5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE
259
260 When the Licensee creates Derivative Software, this Derivative Software may
261 be distributed under a license agreement other than this Agreement, subject
262 to compliance with the requirement to include a notice concerning the rights
263 over the Software as defined in Article 6.4. In the event the creation of the
264 Derivative Software required modification of the Source Code, the Licensee
265 undertakes that:
266
267 1. the resulting Modified Software will be governed by this Agreement,
268 2. the Integrated Contributions in the resulting Modified Software will be
269 clearly identified and documented,
270 3. the Licensee will allow effective access to the source code of the
271 Modified Software, at a minimum during the entire period of
272 distribution of the Derivative Software, such that such modifications
273 may be carried over in a subsequent version of the Software; it being
274 understood that the additional cost of purchasing the source code of
275 the Modified Software shall not exceed the cost of transferring the
276 data.
277
278
279 5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE
280
281 When a Modified Software contains an Integrated Contribution subject to the
282 CeCill license agreement, or when a Derivative Software contains a Related
283 Module subject to the CeCill license agreement, the provisions set forth in
284 the third item of Article 6.4 are optional.
285
286
287 Article 6 - INTELLECTUAL PROPERTY
288
289
290 6.1 OVER THE INITIAL SOFTWARE
291
292 The Holder owns the economic rights over the Initial Software. Any or
293 all use of the Initial Software is subject to compliance with the terms
294 and conditions under which the Holder has elected to distribute its work
295 and no one shall be entitled to modify the terms and conditions for the
296 distribution of said Initial Software.
297
298 The Holder undertakes that the Initial Software will remain ruled at
299 least by the current license, for the duration set forth in Article 4.2.
300
301
302 6.2 OVER THE INTEGRATED CONTRIBUTIONS
303
304 A Licensee who develops an Integrated Contribution is the owner of the
305 intellectual property rights over this Contribution as defined by
306 applicable law.
307
308
309 6.3 OVER THE RELATED MODULES
310
311 A Licensee who develops an Related Module is the owner of the
312 intellectual property rights over this Related Module as defined by
313 applicable law and is free to choose the type of agreement that shall
314 govern its distribution under the conditions defined in Article 5.3.3.
315
316
317 6.4 NOTICE OF RIGHTS
318
319 The Licensee expressly undertakes:
320
321 1. not to remove, or modify, in any manner, the intellectual property
322 notices attached to the Software;
323 2. to reproduce said notices, in an identical manner, in the copies
324 of the Software modified or not;
325 3. to ensure that use of the Software, its intellectual property
326 notices and the fact that it is governed by the Agreement is
327 indicated in a text that is easily accessible, specifically from
328 the interface of any Derivative Software.
329
330 The Licensee undertakes not to directly or indirectly infringe the
331 intellectual property rights of the Holder and/or Contributors on the
332 Software and to take, where applicable, vis--vis its staff, any and all
333 measures required to ensure respect of said intellectual property rights
334 of the Holder and/or Contributors.
335
336
337 Article 7 - RELATED SERVICES
338
339 7.1 Under no circumstances shall the Agreement oblige the Licensor to
340 provide technical assistance or maintenance services for the Software.
341
342 However, the Licensor is entitled to offer this type of services. The
343 terms and conditions of such technical assistance, and/or such
344 maintenance, shall be set forth in a separate instrument. Only the
345 Licensor offering said maintenance and/or technical assistance services
346 shall incur liability therefor.
347
348 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
349 its sole responsibility, a warranty, that shall only be binding upon
350 itself, for the redistribution of the Software and/or the Modified
351 Software, under terms and conditions that it is free to decide. Said
352 warranty, and the financial terms and conditions of its application,
353 shall be subject of a separate instrument executed between the Licensor
354 and the Licensee.
355
356
357 Article 8 - LIABILITY
358
359 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
360 entitled to claim compensation for any direct loss it may have suffered
361 from the Software as a result of a fault on the part of the relevant
362 Licensor, subject to providing evidence thereof.
363
364 8.2 The Licensor's liability is limited to the commitments made under
365 this Agreement and shall not be incurred as a result of in particular:
366 (i) loss due the Licensee's total or partial failure to fulfill its
367 obligations, (ii) direct or consequential loss that is suffered by the
368 Licensee due to the use or performance of the Software, and (iii) more
369 generally, any consequential loss. In particular the Parties expressly
370 agree that any or all pecuniary or business loss (i.e. loss of data,
371 loss of profits, operating loss, loss of customers or orders,
372 opportunity cost, any disturbance to business activities) or any or all
373 legal proceedings instituted against the Licensee by a third party,
374 shall constitute consequential loss and shall not provide entitlement to
375 any or all compensation from the Licensor.
376
377
378 Article 9 - WARRANTY
379
380 9.1 The Licensee acknowledges that the scientific and technical
381 state-of-the-art when the Software was distributed did not enable all
382 possible uses to be tested and verified, nor for the presence of
383 possible defects to be detected. In this respect, the Licensee's
384 attention has been drawn to the risks associated with loading, using,
385 modifying and/or developing and reproducing the Software which are
386 reserved for experienced users.
387
388 The Licensee shall be responsible for verifying, by any or all means,
389 the suitability of the product for its requirements, its good working order,
390 and for ensuring that it shall not cause damage to either persons or
391 properties.
392
393 9.2 The Licensor hereby represents, in good faith, that it is entitled
394 to grant all the rights over the Software (including in particular the
395 rights set forth in Article 5).
396
397 9.3 The Licensee acknowledges that the Software is supplied "as is" by
398 the Licensor without any other express or tacit warranty, other than
399 that provided for in Article 9.2 and, in particular, without any warranty
400 as to its commercial value, its secured, safe, innovative or relevant
401 nature.
402
403 Specifically, the Licensor does not warrant that the Software is free
404 from any error, that it will operate without interruption, that it will
405 be compatible with the Licensee's own equipment and software
406 configuration, nor that it will meet the Licensee's requirements.
407
408 9.4 The Licensor does not either expressly or tacitly warrant that the
409 Software does not infringe any third party intellectual property right
410 relating to a patent, software or any other property right. Therefore,
411 the Licensor disclaims any and all liability towards the Licensee
412 arising out of any or all proceedings for infringement that may be
413 instituted in respect of the use, modification and redistribution of the
414 Software. Nevertheless, should such proceedings be instituted against
415 the Licensee, the Licensor shall provide it with technical and legal
416 assistance for its defense. Such technical and legal assistance shall be
417 decided on a case-by-case basis between the relevant Licensor and the
418 Licensee pursuant to a memorandum of understanding. The Licensor
419 disclaims any and all liability as regards the Licensee's use of the
420 name of the Software. No warranty is given as regards the existence of
421 prior rights over the name of the Software or as regards the existence
422 of a trademark.
423
424
425 Article 10 - TERMINATION
426
427 10.1 In the event of a breach by the Licensee of its obligations
428 hereunder, the Licensor may automatically terminate this Agreement
429 thirty (30) days after notice has been sent to the Licensee and has
430 remained ineffective.
431
432 10.2 A Licensee whose Agreement is terminated shall no longer be
433 authorized to use, modify or distribute the Software. However, any
434 licenses that it may have granted prior to termination of the Agreement
435 shall remain valid subject to their having been granted in compliance
436 with the terms and conditions hereof.
437
438
439 Article 11 - MISCELLANEOUS
440
441
442 11.1 EXCUSABLE EVENTS
443
444 Neither Party shall be liable for any or all delay, or failure to
445 perform the Agreement, that may be attributable to an event of force
446 majeure, an act of God or an outside cause, such as defective
447 functioning or interruptions of the electricity or telecommunications
448 networks, network paralysis following a virus attack, intervention by
449 government authorities, natural disasters, water damage, earthquakes,
450 fire, explosions, strikes and labor unrest, war, etc.
451
452 11.2 Any failure by either Party, on one or more occasions, to invoke
453 one or more of the provisions hereof, shall under no circumstances be
454 interpreted as being a waiver by the interested Party of its right to
455 invoke said provision(s) subsequently.
456
457 11.3 The Agreement cancels and replaces any or all previous agreements,
458 whether written or oral, between the Parties and having the same
459 purpose, and constitutes the entirety of the agreement between said
460 Parties concerning said purpose. No supplement or modification to the
461 terms and conditions hereof shall be effective as between the Parties
462 unless it is made in writing and signed by their duly authorized
463 representatives.
464
465 11.4 In the event that one or more of the provisions hereof were to
466 conflict with a current or future applicable act or legislative text,
467 said act or legislative text shall prevail, and the Parties shall make
468 the necessary amendments so as to comply with said act or legislative
469 text. All other provisions shall remain effective. Similarly, invalidity
470 of a provision of the Agreement, for any reason whatsoever, shall not
471 cause the Agreement as a whole to be invalid.
472
473
474 11.5 LANGUAGE
475
476 The Agreement is drafted in both French and English and both versions
477 are deemed authentic.
478
479
480 Article 12 - NEW VERSIONS OF THE AGREEMENT
481
482 12.1 Any person is authorized to duplicate and distribute copies of this
483 Agreement.
484
485 12.2 So as to ensure coherence, the wording of this Agreement is
486 protected and may only be modified by the authors of the License, who
487 reserve the right to periodically publish updates or new versions of the
488 Agreement, each with a separate number. These subsequent versions may
489 address new issues encountered by Free Software.
490
491 12.3 Any Software distributed under a given version of the Agreement
492 may only be subsequently distributed under the same version of the
493 Agreement or a subsequent version.
494
495
496 Article 13 - GOVERNING LAW AND JURISDICTION
497
498 13.1 The Agreement is governed by French law. The Parties agree to
499 endeavor to seek an amicable solution to any disagreements or disputes
500 that may arise during the performance of the Agreement.
501
502 13.2 Failing an amicable solution within two (2) months as from their
503 occurrence, and unless emergency proceedings are necessary, the
504 disagreements or disputes shall be referred to the Paris Courts having
505 jurisdiction, by the more diligent Party.
506
507
508 Version 1.0 dated 2006-07-12.

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