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

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