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

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