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ANTLR 2 License |
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We reserve no legal rights to the ANTLR--it is fully in the public domain. |
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An individual or company may do whatever they wish with source code distributed |
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with ANTLR or the code generated by ANTLR, including the incorporation of |
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ANTLR, or its output, into commerical software. |
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We encourage users to develop software with ANTLR. However, we do ask that |
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credit is given to us for developing ANTLR. By "credit", we mean that if you |
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use ANTLR or incorporate any source code into one of your programs (commercial |
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product, research project, or otherwise) that you acknowledge this fact somewhere |
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in the documentation, research report, etc... If you like ANTLR and have developed |
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a nice tool with the output, please mention that you developed it using ANTLR. |
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In addition, we ask that the headers remain intact in our source code. As |
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long as these guidelines are kept, we expect to continue enhancing this system |
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and expect to make other tools available as they are completed. |
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In countries where the Public Domain status of the work may not be valid, |
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the author grants a copyright licence to the general public to deal in the |
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work without restriction and permission to sublicence derivates under the |
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terms of any (OSI approved) Open Source licence. |
@ -1,18 +1,19 @@ |
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Copyright (c) <year> <owner> All rights reserved. |
Copyright (c) 1995, 1999 Berkeley Software Design, Inc. All rights reserved. |
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Redistribution and use in source and binary forms, with or without modification, |
Redistribution and use in source and binary forms, with or without |
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are permitted provided that the following conditions are met: |
modification, are permitted provided that the following conditions |
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are met: |
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1. Redistributions of source code must retain the above copyright |
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notice, this list of conditions and the following disclaimer. |
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1. Redistributions of source code must retain the above copyright notice, |
THIS SOFTWARE IS PROVIDED BY Berkeley Software Design, Inc. ``AS IS'' AND |
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this list of conditions and the following disclaimer. |
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE |
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IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE |
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THIS SOFTWARE IS PROVIDED BY Berkeley Software Design, Inc. "AS IS" AND ANY |
ARE DISCLAIMED. IN NO EVENT SHALL Berkeley Software Design, Inc. BE LIABLE |
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EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED |
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL |
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. |
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS |
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IN NO EVENT SHALL Berkeley Software Design, Inc. BE LIABLE FOR ANY DIRECT, |
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) |
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, |
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT |
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BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, |
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
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DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY |
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF |
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OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE |
SUCH DAMAGE. |
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OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF |
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
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@ -1,30 +1,34 @@ |
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Redistribution and use in source and binary forms, with or without modification, |
Redistribution and use in source and binary forms, with or without |
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are permitted provided that the following conditions are met: |
modification, are permitted provided that the following conditions are |
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met: |
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- Redistributions of source code must retain the above copyright notice, this |
- Redistributions of source code must retain the above copyright |
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list of conditions and the following disclaimer. |
notice, this list of conditions and the following disclaimer. |
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- Redistributions in binary form must reproduce the above copyright notice, |
- Redistributions in binary form must reproduce the above copyright |
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this list of conditions and the following disclaimer listed in this license |
notice, this list of conditions and the following disclaimer listed |
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in the documentation and/or other materials provided with the distribution. |
in this license in the documentation and/or other materials |
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provided with the distribution. |
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- Neither the name of the copyright holders nor the names of its contributors |
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may be used to endorse or promote products derived from this software without |
contributors may be used to endorse or promote products derived from |
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specific prior written permission. |
this software without specific prior written permission. |
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The copyright holders provide no reassurances that the source code provided |
The copyright holders provide no reassurances that the source code |
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provided does not infringe any patent, copyright, or any other |
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rights of third parties. The copyright holders disclaim any liability to any |
intellectual property rights of third parties. The copyright holders |
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recipient for claims brought against recipient by any third party for infringement |
disclaim any liability to any recipient for claims brought against |
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of that parties intellectual property rights. |
recipient by any third party for infringement of that parties |
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intellectual property rights. |
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" |
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS |
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AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE |
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT |
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IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE |
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR |
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FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL |
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DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR |
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT |
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SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER |
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, |
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CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, |
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY |
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OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE |
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT |
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USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE |
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OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
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@ -0,0 +1,71 @@ |
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Business Source License 1.1 |
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License text copyright © 2017 MariaDB Corporation Ab, All Rights Reserved. |
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"Business Source License" is a trademark of MariaDB Corporation Ab. |
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The Licensor hereby grants you the right to copy, modify, create derivative |
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Licensor may make an Additional Use Grant, above, permitting limited |
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If your use of the Licensed Work does not comply with the requirements |
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All copies of the original and modified Licensed Work, and derivative works |
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Any use of the Licensed Work in violation of this License will automatically |
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MariaDB hereby grants you permission to use this License’s text to license |
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In consideration of the right to use this License’s text and the “Business |
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4. Not to modify this License in any other way. |
@ -1,8 +1,8 @@ |
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This is a package of commutative diagram macros built on top of Xy-pic by |
This is a package of commutative diagram macros built on top of Xy-pic by |
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Michael Barr (email: barr@barrs.org). Its use is unrestricted. It may be freely |
Michael Barr (email: barr@barrs.org). Its use is unrestricted. It may be |
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distributed, unchanged, for non-commercial or commercial use. If changed, |
freely distributed, unchanged, for non-commercial or commercial use. If changed, |
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it must be renamed. Inclusion in a commercial software package is also permitted, |
it must be renamed. Inclusion in a commercial software package is also permitted, |
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but I would appreciate receiving a free copy for my personal examination and |
but I would appreciate receiving a free copy for my personal examination |
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use. There are no guarantees that this package is good for anything. I have |
and use. There are no guarantees that this package is good for anything. |
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tested it with LaTeX 2e, LaTeX 2.09 and Plain TeX. Although I know of no reason |
I have tested it with LaTeX 2e, LaTeX 2.09 and Plain TeX. Although I know |
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it will not work with AMSTeX, I have not tested it. |
of no reason it will not work with AMSTeX, I have not tested it. |
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@ -1,5 +1,4 @@ |
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"THE BEER-WARE LICENSE" (Revision 42): |
"THE BEER-WARE LICENSE" (Revision 42): <phk@FreeBSD.ORG> wrote this file. |
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As long as you retain this notice you can do whatever you want with this |
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<phk@FreeBSD.ORG> wrote this file. As long as you retain this notice you can |
stuff. If we meet some day, and you think this stuff is worth it, you can |
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do whatever you want with this stuff. If we meet some day, and you think this |
buy me a beer in return Poul-Henning Kamp |
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stuff is worth it, you can buy me a beer in return Poul-Henning Kamp |
|
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@ -1,3 +1,10 @@ |
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Bootloader Exception |
Bootloader Exception |
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-------------------- |
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|
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In addition to the permissions in the GNU General Public License, the authors give you unlimited permission to link or embed compiled bootloader and related files into combinations with other programs, and to distribute those combinations without any restriction coming from the use of those files. (The General Public License restrictions do apply in other respects; for example, they cover modification of the files, and distribution when not linked into a combined executable.) |
In addition to the permissions in the GNU General Public License, the |
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authors give you unlimited permission to link or embed compiled bootloader |
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and related files into combinations with other programs, and to distribute |
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those combinations without any restriction coming from the use of those |
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files. (The General Public License restrictions do apply in other respects; |
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for example, they cover modification of the files, and distribution when |
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not linked into a combine executable.) |
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@ -1,35 +1,21 @@ |
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Copyright 1993 Francis Borceux |
Copyright 1993 Francis Borceux |
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You may freely use, modify, and/or distribute each of the files in this package |
You may freely use, modify, and/or distribute each of the files in this package |
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without limitation. The package consists of the following files: |
without limitation. The package consists of the following files: |
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README |
README |
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compatibility/OldDiagram |
compatibility/OldDiagram |
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compatibility/OldMaxiDiagram |
compatibility/OldMaxiDiagram |
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compatibility/OldMicroDiagram |
compatibility/OldMicroDiagram |
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compatibility/OldMiniDiagram |
compatibility/OldMiniDiagram |
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compatibility/OldMultipleArrows |
compatibility/OldMultipleArrows |
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diagram/Diagram |
diagram/Diagram |
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diagram/MaxiDiagram |
diagram/MaxiDiagram |
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diagram/MicroDiagram |
diagram/MicroDiagram |
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diagram/MiniDiagram |
diagram/MiniDiagram |
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diagram/MultipleArrows |
diagram/MultipleArrows |
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user-guides/Diagram_Mode_d_Emploi |
user-guides/Diagram_Mode_d_Emploi |
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user-guides/Diagram_Read_Me |
user-guides/Diagram_Read_Me |
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Of course no support is guaranteed, but the author will attempt to assist |
Of course no support is guaranteed, but the author will attempt to assist |
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with problems. Current email address: |
with problems. Current email address: |
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francis dot borceux at uclouvain dot be. |
francis dot borceux at uclouvain dot be. |
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@ -1,352 +1,349 @@ |
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# The Cryptographic Autonomy License, v. 1.0 |
# The Cryptographic Autonomy License, v. 1.0 |
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*This Cryptographic Autonomy License (the "License") applies to any Work whose |
*This Cryptographic Autonomy License (the "License") applies to any |
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owner has marked it with any of the following notices, or a similar demonstration |
Work whose owner has marked it with any of the following notices, or a |
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of intent: * |
similar demonstration of intent:* |
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SPDX-License-Identifier: CAL-1.0 |
SPDX-License-Identifier: CAL-1.0 |
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Licensed under the Cryptographic Autonomy License version 1.0 |
Licensed under the Cryptographic Autonomy License version 1.0 |
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*or* |
*or* |
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SPDX-License-Identifier: CAL-1.0-Combined-Work-Exception |
SPDX-License-Identifier: CAL-1.0-Combined-Work-Exception |
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Licensed under the Cryptographic Autonomy License version 1.0, with |
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Licensed under the Cryptographic Autonomy License version 1.0, with Combined |
Combined Work Exception |
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Work Exception |
|
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______________________________________________________________________ |
______________________________________________________________________ |
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## 1. Purpose |
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This License gives You unlimited permission to use and modify the |
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software to which it applies (the "Work"), either as-is or in modified |
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form, for Your private purposes, while protecting the owners and |
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contributors to the software from liability. |
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This License also strives to protect the freedom and autonomy of third |
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parties who receive the Work from you. If any non-affiliated third |
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party receives any part, aspect, or element of the Work from You, this |
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License requires that You provide that third party all the permissions |
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and materials needed to independently use and modify the Work without |
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that third party having a loss of data or capability due to your |
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actions. |
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The full permissions, conditions, and other terms are laid out below. |
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## 2. Receiving a License |
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In order to receive this License, You must agree to its rules. The |
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rules of this License are both obligations of Your agreement with the |
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Licensor and conditions to your License. You must not do anything with |
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### 2.1. Application |
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## 1. Purpose |
The terms of this License apply to the Work as you receive it from |
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This License gives You unlimited permission to use and modify the software |
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### 2.2. Offer and Acceptance |
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use and modify the Work without that third party having a loss of data or |
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capability due to your actions. |
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The full permissions, conditions, and other terms are laid out below. |
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## 2. Receiving a License |
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In order to receive this License, You must agree to its rules. The rules of |
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If You exercise any permission granted by this License, such that the Work, |
|
||||||
or any part, aspect, or element of the Work, is distributed, communicated, |
|
||||||
made available, or made perceptible to a non-Affiliate third party (a "Recipient"), |
|
||||||
either via physical delivery or via a network connection to the Recipient, |
|
||||||
You must comply with the following conditions: |
|
||||||
|
|
||||||
### 4.1. Provide Access to Source Code |
|
||||||
|
|
||||||
Subject to the exception in section 4.4, You must provide to each Recipient |
|
||||||
a copy of, or no-charge unrestricted network access to, the Source Code corresponding |
|
||||||
to the Work ("Access"). |
|
||||||
|
|
||||||
The "Source Code" of the Work means the form of the Work preferred for making |
|
||||||
modifications, including any comments, configuration information, documentation, |
|
||||||
help materials, installation instructions, cryptographic seeds or keys, and |
|
||||||
any information reasonably necessary for the Recipient to independently compile |
|
||||||
and use the Source Code and to have full access to the functionality contained |
|
||||||
in the Work. |
|
||||||
|
|
||||||
#### 4.1.1. Providing Network Access to the Source Code |
|
||||||
|
|
||||||
Network Access to the Notices and Source Code may be provided by You or by |
|
||||||
a third party, such as a public software repository, and must persist during |
|
||||||
the same period in which You exercise any of the permissions granted to You |
|
||||||
under this License and for at least one year thereafter. |
|
||||||
|
|
||||||
#### 4.1.2. Source Code for a Modified Work |
|
||||||
|
|
||||||
Subject to the exception in section 4.5, You must provide to each Recipient |
|
||||||
of a Modified Work Access to Source Code corresponding to those portions of |
|
||||||
the Work remaining in the Modified Work as well as the modifications used |
|
||||||
by You to create the Modified Work. The Source Code corresponding to the modifications |
|
||||||
in the Modified Work must be provided to the Recipient either a) under this |
|
||||||
License, or b) under a Compatible Open Source License. |
|
||||||
|
|
||||||
#### 4.1.3. Coordinated Disclosure of Security Vulnerabilities |
|
||||||
|
|
||||||
You may delay providing the Source Code corresponding to a particular modification |
|
||||||
of the Work for up to ninety (90) days (the "Embargo Period") if: |
|
||||||
|
|
||||||
|
|
||||||
|
This License is automatically offered to every person and |
||||||
|
organization. You show that you accept this License and agree to its |
||||||
|
conditions by taking any action with the Work that, absent this |
||||||
|
License, would infringe any intellectual property right held by |
||||||
|
Licensor. |
||||||
|
|
||||||
+ a) the modification is intended to address a newly-identified vulnerability |
### 2.3. Compliance and Remedies |
||||||
or a security flaw in the Work, |
|
||||||
|
|
||||||
|
Any failure to act according to the terms and conditions of this |
||||||
|
License places Your use of the Work outside the scope of the License |
||||||
+ b) disclosure of the vulnerability or security flaw before the end of the |
and infringes the intellectual property rights of the Licensor. In the |
||||||
Embargo Period would put the data, identity, or autonomy of one or more Recipients |
event of infringement, the terms and conditions of this License may be |
||||||
of the Work at significant risk, |
enforced by Licensor under the intellectual property laws of any |
||||||
|
jurisdiction to which You are subject. You also agree that either the |
||||||
|
Licensor or a Recipient (as an intended third-party beneficiary) may |
||||||
|
enforce the terms and conditions of this License against You via |
||||||
+ c) You are participating in a coordinated disclosure of the vulnerability |
specific performance. |
||||||
or security flaw with one or more additional Licensees, and |
|
||||||
|
## 3. Permissions |
||||||
|
### 3.1. Permissions Granted |
||||||
|
|
||||||
+ d) Access to the Source Code pertaining to the modification is provided |
Conditioned on compliance with section 4, and subject to the |
||||||
to all Recipients at the end of the Embargo Period. |
limitations of section 3.2, Licensor grants You the world-wide, |
||||||
|
royalty-free, non-exclusive permission to: |
||||||
### 4.2. Maintain User Autonomy |
|
||||||
|
+ a) Take any action with the Work that would infringe the non-patent |
||||||
In addition to providing each Recipient the opportunity to have Access to |
intellectual property laws of any jurisdiction to which You are |
||||||
the Source Code, You cannot use the permissions given under this License to |
subject; and |
||||||
interfere with a Recipient's ability to fully use an independent copy of the |
|
||||||
Work generated from the Source Code You provide with the Recipient's own User |
+ b) claims that Licensor can license or becomes able to |
||||||
Data. |
license, to the extent that those claims are embodied in the Work as |
||||||
|
distributed by Licensor. ### 3.2. Limitations on Permissions Granted |
||||||
"User Data" means any data that is an input to or an output from the Work, |
|
||||||
where the presence of the data is necessary for substantially identical use |
The following limitations apply to the permissions granted in section |
||||||
of the Work in an equivalent context chosen by the Recipient, and where the |
3.1: |
||||||
Recipient has an existing ownership interest, an existing right to possess, |
|
||||||
or where the data has been generated by, for, or has been assigned to the |
+ a) Licensor does not grant any patent license for claims that are |
||||||
Recipient. |
only infringed due to modification of the Work as provided by |
||||||
|
Licensor, or the combination of the Work as provided by Licensor, |
||||||
#### 4.2.1. No Withholding User Data |
directly or indirectly, with any other component, including other |
||||||
|
software or hardware. |
||||||
Throughout any period in which You exercise any of the permissions granted |
|
||||||
to You under this License, You must also provide to any Recipient to whom |
+ b) Licensor does not grant any license to the trademarks, service |
||||||
you provide services via the Work, a no-charge copy, provided in a commonly |
marks, or logos of Licensor, except to the extent necessary to comply |
||||||
used electronic form, of the Recipient's User Data in your possession, to |
with the attribution conditions in section 4.1 of this License. |
||||||
the extent that such User Data is available to You for use in conjunction |
|
||||||
with the Work. |
## 4. Conditions |
||||||
|
|
||||||
#### 4.2.2. No Technical Measures that Limit Access |
If You exercise any permission granted by this License, such that the |
||||||
|
Work, or any part, aspect, or element of the Work, is distributed, |
||||||
You may not, by means of the use cryptographic methods applied to anything |
communicated, made available, or made perceptible to a non-Affiliate |
||||||
provided to the Recipient, by possession or control of cryptographic keys, |
third party (a "Recipient"), either via physical delivery or via a |
||||||
seeds, hashes, by any other technological protection measures, or by any other |
network connection to the Recipient, You must comply with the |
||||||
method, limit a Recipient's ability to access any functionality present in |
following conditions: |
||||||
Recipient's independent copy of the Work, or to deny a Recipient full control |
|
||||||
of the Recipient's User Data. |
### 4.1. Provide Access to Source Code |
||||||
|
|
||||||
#### 4.2.3. No Legal or Contractual Measures that Limit Access |
Subject to the exception in section 4.4, You must provide to each |
||||||
|
Recipient a copy of, or no-charge unrestricted network access to, the |
||||||
You may not contractually restrict a Recipient's ability to independently |
Source Code corresponding to the Work ("Access"). |
||||||
exercise the permissions granted under this License. You waive any legal power |
|
||||||
to forbid circumvention of technical protection measures that include use |
The "Source Code" of the Work means the form of the Work preferred for |
||||||
of the Work, and You waive any claim that the capabilities of the Work were |
making modifications, including any comments, configuration |
||||||
limited or modified as a means of enforcing the legal rights of third parties |
information, documentation, help materials, installation instructions, |
||||||
against Recipients. |
cryptographic seeds or keys, and any information reasonably necessary |
||||||
|
for the Recipient to independently compile and use the Source Code and |
||||||
### 4.3. Provide Notices and Attribution |
to have full access to the functionality contained in the Work. |
||||||
|
|
||||||
You must retain all licensing, authorship, or attribution notices contained |
#### 4.1.1. Providing Network Access to the Source Code |
||||||
in the Source Code (the "Notices"), and provide all such Notices to each Recipient, |
|
||||||
together with a statement acknowledging the use of the Work. Notices may be |
Network Access to the Notices and Source Code may be provided by You |
||||||
provided directly to a Recipient or via an easy-to-find hyperlink to an Internet |
or by a third party, such as a public software repository, and must |
||||||
location also providing Access to Source Code. |
persist during the same period in which You exercise any of the |
||||||
|
permissions granted to You under this License and for at least one |
||||||
### 4.4. Scope of Conditions in this License |
year thereafter. |
||||||
|
|
||||||
You are required to uphold the conditions of this License only relative to |
#### 4.1.2. Source Code for a Modified Work |
||||||
those who are Recipients of the Work from You. Other than providing Recipients |
|
||||||
with the applicable Notices, Access to Source Code, and a copy of and full |
Subject to the exception in section 4.5, You must provide to each |
||||||
control of their User Data, nothing in this License requires You to provide |
Recipient of a Modified Work Access to Source Code corresponding to |
||||||
processing services to or engage in network interactions with anyone. |
those portions of the Work remaining in the Modified Work as well as |
||||||
|
the modifications used by You to create the Modified Work. The Source |
||||||
### 4.5. Combined Work Exception |
Code corresponding to the modifications in the Modified Work must be |
||||||
|
provided to the Recipient either a) under this License, or b) under a |
||||||
As an exception to condition that You provide Recipients Access to Source |
Compatible Open Source License. |
||||||
Code, any Source Code files marked by the Licensor as having the "Combined |
|
||||||
Work Exception," or any object code exclusively resulting from Source Code |
#### 4.1.3. Coordinated Disclosure of Security Vulnerabilities |
||||||
files so marked, may be combined with other Software into a "Larger Work." |
|
||||||
So long as you comply with the requirements to provide Recipients the applicable |
You may delay providing the Source Code corresponding to a particular |
||||||
Notices and Access to the Source Code provided to You by Licensor, and you |
modification of the Work for up to ninety (90) days (the "Embargo |
||||||
provide Recipients access to their User Data and do not limit Recipient's |
Period") if: |
||||||
ability to independently work with their User Data, any other Software in |
|
||||||
the Larger Work as well as the Larger Work as a whole may be licensed under |
+ a) the modification is intended to address a newly-identified |
||||||
the terms of your choice. |
vulnerability or a security flaw in the Work, |
||||||
|
|
||||||
## 5. Term and Termination |
+ b) disclosure of the vulnerability or security flaw before the end |
||||||
|
of the Embargo Period would put the data, identity, or autonomy of one |
||||||
The term of this License begins when You receive the Work, and continues until |
or more Recipients of the Work at significant risk, |
||||||
terminated for any of the reasons described herein, or until all Licensor's |
|
||||||
intellectual property rights in the Software expire, whichever comes first |
+ c) You are participating in a coordinated disclosure of the |
||||||
("Term"). This License cannot be revoked, only terminated for the reasons |
vulnerability or security flaw with one or more additional Licensees, |
||||||
listed below. |
and |
||||||
|
|
||||||
### 5.1. Effect of Termination |
+ d) Access to the Source Code pertaining to the modification is |
||||||
|
provided to all Recipients at the end of the Embargo Period. |
||||||
If this License is terminated for any reason, all permissions granted to You |
|
||||||
under Section 3 by any Licensor automatically terminate. You will immediately |
### 4.2. Maintain User Autonomy |
||||||
cease exercising any permissions granted in this License relative to the Work, |
|
||||||
including as part of any Modified Work. |
In addition to providing each Recipient the opportunity to have Access |
||||||
|
to the Source Code, You cannot use the permissions given under this |
||||||
### 5.2. Termination for Non-Compliance; Reinstatement |
License to interfere with a Recipient's ability to fully use an |
||||||
|
independent copy of the Work generated from the Source Code You |
||||||
This License terminates automatically if You fail to comply with any of the |
provide with the Recipient's own User Data. |
||||||
conditions in section 4. As a special exception to termination for non-compliance, |
|
||||||
Your permissions for the Work under this License will automatically be reinstated |
"User Data" means any data that is an input to or an output from the |
||||||
if You come into compliance with all the conditions in section 2 within sixty |
Work, where the presence of the data is necessary for substantially |
||||||
(60) days of being notified by Licensor or an intended third-party beneficiary |
identical use of the Work in an equivalent context chosen by the |
||||||
of Your noncompliance. You are eligible for reinstatement of permissions for |
Recipient, and where the Recipient has an existing ownership interest, |
||||||
the Work one time only, and only for the sixty days immediately after becoming |
an existing right to possess, or where the data has been generated by, |
||||||
aware of noncompliance. Loss of permissions granted for the Work under this |
for, or has been assigned to the Recipient. |
||||||
License due to either a) sustained noncompliance lasting more than sixty days |
|
||||||
or b) subsequent termination for noncompliance after reinstatement, is permanent, |
#### 4.2.1. No Withholding User Data |
||||||
unless rights are specifically restored by Licensor in writing. |
|
||||||
|
Throughout any period in which You exercise any of the permissions |
||||||
### 5.3. Termination Due to Litigation |
granted to You under this License, You must also provide to any |
||||||
|
Recipient to whom you provide services via the Work, a no-charge copy, |
||||||
If You initiate litigation against Licensor, or any Recipient of the Work, |
provided in a commonly used electronic form, of the Recipient's User |
||||||
either direct or indirect, asserting that the Work directly or indirectly |
Data in your possession, to the extent that such User Data is |
||||||
infringes any patent, then all permissions granted to You by this License |
available to You for use in conjunction with the Work. |
||||||
shall terminate. In the event of termination due to litigation, all permissions |
|
||||||
validly granted by You under this License, directly or indirectly, shall survive |
#### 4.2.2. No Technical Measures that Limit Access |
||||||
termination. Administrative review procedures, declaratory judgment actions, |
|
||||||
counterclaims in response to patent litigation, and enforcement actions against |
You may not, by means of the use cryptographic methods applied to |
||||||
former Licensees terminated under this section do not cause termination due |
anything provided to the Recipient, by possession or control of |
||||||
|
cryptographic keys, seeds, hashes, by any other technological |
||||||
|
protection measures, or by any other method, limit a Recipient's |
||||||
|
ability to access any functionality present in Recipient's independent |
||||||
|
copy of the Work, or to deny a Recipient full control of the |
||||||
|
Recipient's User Data. |
||||||
|
|
||||||
|
#### 4.2.3. No Legal or Contractual Measures that Limit Access |
||||||
|
|
||||||
|
You may not contractually restrict a Recipient's ability to |
||||||
|
independently exercise the permissions granted under this License. You |
||||||
|
waive any legal power to forbid circumvention of technical protection |
||||||
|
measures that include use of the Work, and You waive any claim that |
||||||
|
the capabilities of the Work were limited or modified as a means of |
||||||
|
enforcing the legal rights of third parties against Recipients. |
||||||
|
|
||||||
|
### 4.3. Provide Notices and Attribution |
||||||
|
|
||||||
|
You must retain all licensing, authorship, or attribution notices |
||||||
|
contained in the Source Code (the "Notices"), and provide all such |
||||||
|
Notices to each Recipient, together with a statement acknowledging the |
||||||
|
use of the Work. Notices may be provided directly to a Recipient or |
||||||
|
via an easy-to-find hyperlink to an Internet location also providing |
||||||
|
Access to Source Code. |
||||||
|
|
||||||
|
### 4.4. Scope of Conditions in this License |
||||||
|
|
||||||
|
You are required to uphold the conditions of this License only |
||||||
|
relative to those who are Recipients of the Work from You. Other than |
||||||
|
providing Recipients with the applicable Notices, Access to Source |
||||||
|
Code, and a copy of and full control of their User Data, nothing in |
||||||
|
this License requires You to provide processing services to or engage |
||||||
|
in network interactions with anyone. |
||||||
|
|
||||||
|
### 4.5. Combined Work Exception |
||||||
|
|
||||||
|
As an exception to condition that You provide Recipients Access to |
||||||
|
Source Code, any Source Code files marked by the Licensor as having |
||||||
|
the "Combined Work Exception," or any object code exclusively |
||||||
|
resulting from Source Code files so marked, may be combined with other |
||||||
|
Software into a "Larger Work." So long as you comply with the |
||||||
|
requirements to provide Recipients the applicable Notices and Access |
||||||
|
to the Source Code provided to You by Licensor, and you provide |
||||||
|
Recipients access to their User Data and do not limit Recipient's |
||||||
|
ability to independently work with their User Data, any other Software |
||||||
|
in the Larger Work as well as the Larger Work as a whole may be |
||||||
|
licensed under the terms of your choice. |
||||||
|
|
||||||
|
## 5. Term and Termination |
||||||
|
|
||||||
|
The term of this License begins when You receive the Work, and |
||||||
|
continues until terminated for any of the reasons described herein, or |
||||||
|
until all Licensor's intellectual property rights in the Software |
||||||
|
expire, whichever comes first ("Term"). This License cannot be |
||||||
|
revoked, only terminated for the reasons listed below. |
||||||
|
|
||||||
|
### 5.1. Effect of Termination |
||||||
|
|
||||||
|
If this License is terminated for any reason, all permissions granted |
||||||
|
to You under Section 3 by any Licensor automatically terminate. You |
||||||
|
will immediately cease exercising any permissions granted in this |
||||||
|
License relative to the Work, including as part of any Modified Work. |
||||||
|
|
||||||
|
### 5.2. Termination for Non-Compliance; Reinstatement |
||||||
|
|
||||||
|
This License terminates automatically if You fail to comply with any |
||||||
|
of the conditions in section 4. As a special exception to termination |
||||||
|
for non-compliance, Your permissions for the Work under this License |
||||||
|
will automatically be reinstated if You come into compliance with all |
||||||
|
the conditions in section 2 within sixty (60) days of being notified |
||||||
|
by Licensor or an intended third-party beneficiary of Your |
||||||
|
noncompliance. You are eligible for reinstatement of permissions for |
||||||
|
the Work one time only, and only for the sixty days immediately after |
||||||
|
becoming aware of noncompliance. Loss of permissions granted for the |
||||||
|
Work under this License due to either a) sustained noncompliance |
||||||
|
lasting more than sixty days or b) subsequent termination for |
||||||
|
noncompliance after reinstatement, is permanent, unless rights are |
||||||
|
specifically restored by Licensor in writing. |
||||||
|
|
||||||
|
### 5.3. Termination Due to Litigation |
||||||
|
|
||||||
|
If You initiate litigation against Licensor, or any Recipient of the |
||||||
|
Work, either direct or indirect, asserting that the Work directly or |
||||||
|
indirectly infringes any patent, then all permissions granted to You |
||||||
|
by this License shall terminate. In the event of termination due to |
||||||
|
litigation, all permissions validly granted by You under this License, |
||||||
|
directly or indirectly, shall survive termination. Administrative |
||||||
|
review procedures, declaratory judgment actions, counterclaims in |
||||||
|
response to patent litigation, and enforcement actions against former |
||||||
|
Licensees terminated under this section do not cause termination due |
||||||
to litigation. |
to litigation. |
||||||
|
|
||||||
## 6. Disclaimer of Warranty and Limit on Liability |
## 6. Disclaimer of Warranty and Limit on Liability |
||||||
|
|
||||||
As far as the law allows, the Work comes AS-IS, without any warranty of any |
As far as the law allows, the Work comes AS-IS, without any warranty |
||||||
kind, and no Licensor or contributor will be liable to anyone for any damages |
of any kind, and no Licensor or contributor will be liable to anyone |
||||||
related to this software or this license, under any kind of legal claim, or |
for any damages related to this software or this license, under any |
||||||
for any type of damages, including indirect, special, incidental, or consequential |
kind of legal claim, or for any type of damages, including indirect, |
||||||
damages of any type arising as a result of this License or the use of the |
special, incidental, or consequential damages of any type arising as a |
||||||
Work including, without limitation, damages for loss of goodwill, work stoppage, |
result of this License or the use of the Work including, without |
||||||
computer failure or malfunction, loss of profits, revenue, or any and all |
limitation, damages for loss of goodwill, work stoppage, computer |
||||||
other commercial damages or losses. |
failure or malfunction, loss of profits, revenue, or any and all other |
||||||
|
commercial damages or losses. |
||||||
## 7. Other Provisions |
|
||||||
|
## 7. Other Provisions |
||||||
|
### 7.1. Affiliates |
||||||
|
|
||||||
### 7.1. Affiliates |
An "Affiliate" means any other entity that, directly or indirectly |
||||||
|
through one or more intermediaries, controls, is controlled by, or is |
||||||
An "Affiliate" means any other entity that, directly or indirectly through |
under common control with, the Licensee. Employees of a Licensee and |
||||||
one or more intermediaries, controls, is controlled by, or is under common |
natural persons acting as contractors exclusively providing services |
||||||
control with, the Licensee. Employees of a Licensee and natural persons acting |
to Licensee are also Affiliates. |
||||||
as contractors exclusively providing services to Licensee are also Affiliates. |
|
||||||
|
### 7.2. Choice of Jurisdiction and Governing Law |
||||||
### 7.2. Choice of Jurisdiction and Governing Law |
|
||||||
|
A Licensor may require that any action or suit by a Licensee relating |
||||||
A Licensor may require that any action or suit by a Licensee relating to a |
to a Work provided by Licensor under this License may be brought only |
||||||
Work provided by Licensor under this License may be brought only in the courts |
in the courts of a particular jurisdiction and under the laws of a |
||||||
of a particular jurisdiction and under the laws of a particular jurisdiction |
particular jurisdiction (excluding its conflict-of-law provisions), if |
||||||
(excluding its conflict-of-law provisions), if Licensor provides conspicuous |
Licensor provides conspicuous notice of the particular jurisdiction to |
||||||
notice of the particular jurisdiction to all Licensees. |
all Licensees. |
||||||
|
|
||||||
### 7.3. No Sublicensing |
### 7.3. No Sublicensing |
||||||
|
|
||||||
This License is not sublicensable. Each time You provide the Work or a Modified |
This License is not sublicensable. Each time You provide the Work or a |
||||||
Work to a Recipient, the Recipient automatically receives a license under |
Modified Work to a Recipient, the Recipient automatically receives a |
||||||
the terms described in this License. You may not impose any further reservations, |
license under the terms described in this License. You may not impose |
||||||
conditions, or other provisions on any Recipients' exercise of the permissions |
any further reservations, conditions, or other provisions on any |
||||||
granted herein. |
Recipients' exercise of the permissions granted herein. |
||||||
|
|
||||||
### 7.4. Attorneys' Fees |
### 7.4. Attorneys' Fees |
||||||
|
|
||||||
In any action to enforce the terms of this License, or seeking damages relating |
In any action to enforce the terms of this License, or seeking damages |
||||||
thereto, including by an intended third-party beneficiary, the prevailing |
relating thereto, including by an intended third-party beneficiary, |
||||||
party shall be entitled to recover its costs and expenses, including, without |
the prevailing party shall be entitled to recover its costs and |
||||||
limitation, reasonable attorneys' fees and costs incurred in connection with |
expenses, including, without limitation, reasonable attorneys' fees |
||||||
such action, including any appeal of such action. A "prevailing party" is |
and costs incurred in connection with such action, including any |
||||||
the party that achieves, or avoids, compliance with this License, including |
appeal of such action. A "prevailing party" is the party that |
||||||
through settlement. This section shall survive the termination of this License. |
achieves, or avoids, compliance with this License, including through |
||||||
|
settlement. This section shall survive the termination of this |
||||||
### 7.5. No Waiver |
License. |
||||||
|
|
||||||
Any failure by Licensor to enforce any provision of this License will not |
### 7.5. No Waiver |
||||||
constitute a present or future waiver of such provision nor limit Licensor's |
|
||||||
ability to enforce such provision at a later time. |
Any failure by Licensor to enforce any provision of this License will |
||||||
|
not constitute a present or future waiver of such provision nor limit |
||||||
### 7.6. Severability |
Licensor's ability to enforce such provision at a later time. |
||||||
|
|
||||||
If any provision of this License is held to be unenforceable, such provision |
### 7.6. Severability |
||||||
shall be reformed only to the extent necessary to make it enforceable. Any |
|
||||||
invalid or unenforceable portion will be interpreted to the effect and intent |
If any provision of this License is held to be unenforceable, such |
||||||
of the original portion. If such a construction is not possible, the invalid |
provision shall be reformed only to the extent necessary to make it |
||||||
or unenforceable portion will be severed from this License but the rest of |
enforceable. Any invalid or unenforceable portion will be interpreted |
||||||
this License will remain in full force and effect. |
to the effect and intent of the original portion. If such a |
||||||
|
construction is not possible, the invalid or unenforceable portion |
||||||
### 7.7. License for the Text of this License |
will be severed from this License but the rest of this License will |
||||||
|
remain in full force and effect. |
||||||
The text of this license is released under the Creative Commons Attribution-ShareAlike |
|
||||||
4.0 International License, with the caveat that any modifications of this |
### 7.7. License for the Text of this License |
||||||
license may not use the name "Cryptographic Autonomy License" or any name |
|
||||||
confusingly similar thereto to describe any derived work of this License. |
The text of this license is released under the Creative Commons |
||||||
|
Attribution-ShareAlike 4.0 International License, with the caveat that |
||||||
|
any modifications of this license may not use the name "Cryptographic |
||||||
|
Autonomy License" or any name confusingly similar thereto to describe |
||||||
|
any derived work of this License. |
||||||
|
@ -1,352 +1,349 @@ |
|||||||
# The Cryptographic Autonomy License, v. 1.0 |
# The Cryptographic Autonomy License, v. 1.0 |
||||||
|
|
||||||
*This Cryptographic Autonomy License (the "License") applies to any Work whose |
*This Cryptographic Autonomy License (the "License") applies to any |
||||||
owner has marked it with any of the following notices, or a similar demonstration |
Work whose owner has marked it with any of the following notices, or a |
||||||
of intent: * |
similar demonstration of intent:* |
||||||
|
|
||||||
|
|
||||||
|
|
||||||
SPDX-License-Identifier: CAL-1.0 |
SPDX-License-Identifier: CAL-1.0 |
||||||
|
|
||||||
Licensed under the Cryptographic Autonomy License version 1.0 |
Licensed under the Cryptographic Autonomy License version 1.0 |
||||||
|
|
||||||
|
|
||||||
|
|
||||||
*or* |
*or* |
||||||
|
|
||||||
|
|
||||||
|
|
||||||
SPDX-License-Identifier: CAL-1.0-Combined-Work-Exception |
SPDX-License-Identifier: CAL-1.0-Combined-Work-Exception |
||||||
|
Licensed under the Cryptographic Autonomy License version 1.0, with |
||||||
Licensed under the Cryptographic Autonomy License version 1.0, with Combined |
Combined Work Exception |
||||||
Work Exception |
|
||||||
|
|
||||||
______________________________________________________________________ |
______________________________________________________________________ |
||||||
|
|
||||||
|
## 1. Purpose |
||||||
|
|
||||||
|
This License gives You unlimited permission to use and modify the |
||||||
|
software to which it applies (the "Work"), either as-is or in modified |
||||||
|
form, for Your private purposes, while protecting the owners and |
||||||
|
contributors to the software from liability. |
||||||
|
|
||||||
|
This License also strives to protect the freedom and autonomy of third |
||||||
|
parties who receive the Work from you. If any non-affiliated third |
||||||
|
party receives any part, aspect, or element of the Work from You, this |
||||||
|
License requires that You provide that third party all the permissions |
||||||
|
and materials needed to independently use and modify the Work without |
||||||
|
that third party having a loss of data or capability due to your |
||||||
|
actions. |
||||||
|
|
||||||
|
The full permissions, conditions, and other terms are laid out below. |
||||||
|
|
||||||
|
## 2. Receiving a License |
||||||
|
|
||||||
|
In order to receive this License, You must agree to its rules. The |
||||||
|
rules of this License are both obligations of Your agreement with the |
||||||
|
Licensor and conditions to your License. You must not do anything with |
||||||
|
the Work that triggers a rule You cannot or will not follow. |
||||||
|
|
||||||
|
### 2.1. Application |
||||||
|
|
||||||
## 1. Purpose |
The terms of this License apply to the Work as you receive it from |
||||||
|
Licensor, as well as to any modifications, elaborations, or |
||||||
This License gives You unlimited permission to use and modify the software |
implementations created by You that contain any licensable portion of |
||||||
to which it applies (the "Work"), either as-is or in modified form, for Your |
the Work (a "Modified Work"). Unless specified, any reference to the |
||||||
private purposes, while protecting the owners and contributors to the software |
Work also applies to a Modified Work. |
||||||
from liability. |
|
||||||
|
### 2.2. Offer and Acceptance |
||||||
This License also strives to protect the freedom and autonomy of third parties |
|
||||||
who receive the Work from you. If any non-affiliated third party receives |
|
||||||
any part, aspect, or element of the Work from You, this License requires that |
|
||||||
You provide that third party all the permissions and materials needed to independently |
|
||||||
use and modify the Work without that third party having a loss of data or |
|
||||||
capability due to your actions. |
|
||||||
|
|
||||||
The full permissions, conditions, and other terms are laid out below. |
|
||||||
|
|
||||||
## 2. Receiving a License |
|
||||||
|
|
||||||
In order to receive this License, You must agree to its rules. The rules of |
|
||||||
this License are both obligations of Your agreement with the Licensor and |
|
||||||
conditions to your License. You must not do anything with the Work that triggers |
|
||||||
a rule You cannot or will not follow. |
|
||||||
|
|
||||||
### 2.1. Application |
|
||||||
|
|
||||||
The terms of this License apply to the Work as you receive it from Licensor, |
|
||||||
as well as to any modifications, elaborations, or implementations created |
|
||||||
by You that contain any licensable portion of the Work (a "Modified Work"). |
|
||||||
Unless specified, any reference to the Work also applies to a Modified Work. |
|
||||||
|
|
||||||
### 2.2. Offer and Acceptance |
|
||||||
|
|
||||||
This License is automatically offered to every person and organization. You |
|
||||||
show that you accept this License and agree to its conditions by taking any |
|
||||||
action with the Work that, absent this License, would infringe any intellectual |
|
||||||
property right held by Licensor. |
|
||||||
|
|
||||||
### 2.3. Compliance and Remedies |
|
||||||
|
|
||||||
Any failure to act according to the terms and conditions of this License places |
|
||||||
Your use of the Work outside the scope of the License and infringes the intellectual |
|
||||||
property rights of the Licensor. In the event of infringement, the terms and |
|
||||||
conditions of this License may be enforced by Licensor under the intellectual |
|
||||||
property laws of any jurisdiction to which You are subject. You also agree |
|
||||||
that either the Licensor or a Recipient (as an intended third-party beneficiary) |
|
||||||
may enforce the terms and conditions of this License against You via specific |
|
||||||
performance. |
|
||||||
|
|
||||||
## 3. Permissions |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
### 3.1. Permissions Granted |
|
||||||
|
|
||||||
Conditioned on compliance with section 4, and subject to the limitations of |
|
||||||
section 3.2, Licensor grants You the world-wide, royalty-free, non-exclusive |
|
||||||
permission to: |
|
||||||
|
|
||||||
+ a) Take any action with the Work that would infringe the non-patent intellectual |
|
||||||
property laws of any jurisdiction to which You are subject; and |
|
||||||
|
|
||||||
+ b) claims that Licensor can license or becomes able to license, to the extent |
|
||||||
that those claims are embodied in the Work as distributed by Licensor. |
|
||||||
|
|
||||||
### 3.2. Limitations on Permissions Granted |
|
||||||
|
|
||||||
The following limitations apply to the permissions granted in section 3.1: |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
+ a) Licensor does not grant any patent license for claims that are only infringed |
|
||||||
due to modification of the Work as provided by Licensor, or the combination |
|
||||||
of the Work as provided by Licensor, directly or indirectly, with any other |
|
||||||
component, including other software or hardware. |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
+ b) Licensor does not grant any license to the trademarks, service marks, |
|
||||||
or logos of Licensor, except to the extent necessary to comply with the attribution |
|
||||||
conditions in section 4.1 of this License. |
|
||||||
|
|
||||||
## 4. Conditions |
|
||||||
|
|
||||||
If You exercise any permission granted by this License, such that the Work, |
|
||||||
or any part, aspect, or element of the Work, is distributed, communicated, |
|
||||||
made available, or made perceptible to a non-Affiliate third party (a "Recipient"), |
|
||||||
either via physical delivery or via a network connection to the Recipient, |
|
||||||
You must comply with the following conditions: |
|
||||||
|
|
||||||
### 4.1. Provide Access to Source Code |
|
||||||
|
|
||||||
Subject to the exception in section 4.4, You must provide to each Recipient |
|
||||||
a copy of, or no-charge unrestricted network access to, the Source Code corresponding |
|
||||||
to the Work ("Access"). |
|
||||||
|
|
||||||
The "Source Code" of the Work means the form of the Work preferred for making |
|
||||||
modifications, including any comments, configuration information, documentation, |
|
||||||
help materials, installation instructions, cryptographic seeds or keys, and |
|
||||||
any information reasonably necessary for the Recipient to independently compile |
|
||||||
and use the Source Code and to have full access to the functionality contained |
|
||||||
in the Work. |
|
||||||
|
|
||||||
#### 4.1.1. Providing Network Access to the Source Code |
|
||||||
|
|
||||||
Network Access to the Notices and Source Code may be provided by You or by |
|
||||||
a third party, such as a public software repository, and must persist during |
|
||||||
the same period in which You exercise any of the permissions granted to You |
|
||||||
under this License and for at least one year thereafter. |
|
||||||
|
|
||||||
#### 4.1.2. Source Code for a Modified Work |
|
||||||
|
|
||||||
Subject to the exception in section 4.5, You must provide to each Recipient |
|
||||||
of a Modified Work Access to Source Code corresponding to those portions of |
|
||||||
the Work remaining in the Modified Work as well as the modifications used |
|
||||||
by You to create the Modified Work. The Source Code corresponding to the modifications |
|
||||||
in the Modified Work must be provided to the Recipient either a) under this |
|
||||||
License, or b) under a Compatible Open Source License. |
|
||||||
|
|
||||||
#### 4.1.3. Coordinated Disclosure of Security Vulnerabilities |
|
||||||
|
|
||||||
You may delay providing the Source Code corresponding to a particular modification |
|
||||||
of the Work for up to ninety (90) days (the "Embargo Period") if: |
|
||||||
|
|
||||||
|
|
||||||
|
This License is automatically offered to every person and |
||||||
|
organization. You show that you accept this License and agree to its |
||||||
|
conditions by taking any action with the Work that, absent this |
||||||
|
License, would infringe any intellectual property right held by |
||||||
|
Licensor. |
||||||
|
|
||||||
+ a) the modification is intended to address a newly-identified vulnerability |
### 2.3. Compliance and Remedies |
||||||
or a security flaw in the Work, |
|
||||||
|
|
||||||
|
Any failure to act according to the terms and conditions of this |
||||||
|
License places Your use of the Work outside the scope of the License |
||||||
+ b) disclosure of the vulnerability or security flaw before the end of the |
and infringes the intellectual property rights of the Licensor. In the |
||||||
Embargo Period would put the data, identity, or autonomy of one or more Recipients |
event of infringement, the terms and conditions of this License may be |
||||||
of the Work at significant risk, |
enforced by Licensor under the intellectual property laws of any |
||||||
|
jurisdiction to which You are subject. You also agree that either the |
||||||
|
Licensor or a Recipient (as an intended third-party beneficiary) may |
||||||
|
enforce the terms and conditions of this License against You via |
||||||
+ c) You are participating in a coordinated disclosure of the vulnerability |
specific performance. |
||||||
or security flaw with one or more additional Licensees, and |
|
||||||
|
## 3. Permissions |
||||||
|
### 3.1. Permissions Granted |
||||||
|
|
||||||
+ d) Access to the Source Code pertaining to the modification is provided |
Conditioned on compliance with section 4, and subject to the |
||||||
to all Recipients at the end of the Embargo Period. |
limitations of section 3.2, Licensor grants You the world-wide, |
||||||
|
royalty-free, non-exclusive permission to: |
||||||
### 4.2. Maintain User Autonomy |
|
||||||
|
+ a) Take any action with the Work that would infringe the non-patent |
||||||
In addition to providing each Recipient the opportunity to have Access to |
intellectual property laws of any jurisdiction to which You are |
||||||
the Source Code, You cannot use the permissions given under this License to |
subject; and |
||||||
interfere with a Recipient's ability to fully use an independent copy of the |
|
||||||
Work generated from the Source Code You provide with the Recipient's own User |
+ b) claims that Licensor can license or becomes able to |
||||||
Data. |
license, to the extent that those claims are embodied in the Work as |
||||||
|
distributed by Licensor. ### 3.2. Limitations on Permissions Granted |
||||||
"User Data" means any data that is an input to or an output from the Work, |
|
||||||
where the presence of the data is necessary for substantially identical use |
The following limitations apply to the permissions granted in section |
||||||
of the Work in an equivalent context chosen by the Recipient, and where the |
3.1: |
||||||
Recipient has an existing ownership interest, an existing right to possess, |
|
||||||
or where the data has been generated by, for, or has been assigned to the |
+ a) Licensor does not grant any patent license for claims that are |
||||||
Recipient. |
only infringed due to modification of the Work as provided by |
||||||
|
Licensor, or the combination of the Work as provided by Licensor, |
||||||
#### 4.2.1. No Withholding User Data |
directly or indirectly, with any other component, including other |
||||||
|
software or hardware. |
||||||
Throughout any period in which You exercise any of the permissions granted |
|
||||||
to You under this License, You must also provide to any Recipient to whom |
+ b) Licensor does not grant any license to the trademarks, service |
||||||
you provide services via the Work, a no-charge copy, provided in a commonly |
marks, or logos of Licensor, except to the extent necessary to comply |
||||||
used electronic form, of the Recipient's User Data in your possession, to |
with the attribution conditions in section 4.1 of this License. |
||||||
the extent that such User Data is available to You for use in conjunction |
|
||||||
with the Work. |
## 4. Conditions |
||||||
|
|
||||||
#### 4.2.2. No Technical Measures that Limit Access |
If You exercise any permission granted by this License, such that the |
||||||
|
Work, or any part, aspect, or element of the Work, is distributed, |
||||||
You may not, by means of the use cryptographic methods applied to anything |
communicated, made available, or made perceptible to a non-Affiliate |
||||||
provided to the Recipient, by possession or control of cryptographic keys, |
third party (a "Recipient"), either via physical delivery or via a |
||||||
seeds, hashes, by any other technological protection measures, or by any other |
network connection to the Recipient, You must comply with the |
||||||
method, limit a Recipient's ability to access any functionality present in |
following conditions: |
||||||
Recipient's independent copy of the Work, or to deny a Recipient full control |
|
||||||
of the Recipient's User Data. |
### 4.1. Provide Access to Source Code |
||||||
|
|
||||||
#### 4.2.3. No Legal or Contractual Measures that Limit Access |
Subject to the exception in section 4.4, You must provide to each |
||||||
|
Recipient a copy of, or no-charge unrestricted network access to, the |
||||||
You may not contractually restrict a Recipient's ability to independently |
Source Code corresponding to the Work ("Access"). |
||||||
exercise the permissions granted under this License. You waive any legal power |
|
||||||
to forbid circumvention of technical protection measures that include use |
The "Source Code" of the Work means the form of the Work preferred for |
||||||
of the Work, and You waive any claim that the capabilities of the Work were |
making modifications, including any comments, configuration |
||||||
limited or modified as a means of enforcing the legal rights of third parties |
information, documentation, help materials, installation instructions, |
||||||
against Recipients. |
cryptographic seeds or keys, and any information reasonably necessary |
||||||
|
for the Recipient to independently compile and use the Source Code and |
||||||
### 4.3. Provide Notices and Attribution |
to have full access to the functionality contained in the Work. |
||||||
|
|
||||||
You must retain all licensing, authorship, or attribution notices contained |
#### 4.1.1. Providing Network Access to the Source Code |
||||||
in the Source Code (the "Notices"), and provide all such Notices to each Recipient, |
|
||||||
together with a statement acknowledging the use of the Work. Notices may be |
Network Access to the Notices and Source Code may be provided by You |
||||||
provided directly to a Recipient or via an easy-to-find hyperlink to an Internet |
or by a third party, such as a public software repository, and must |
||||||
location also providing Access to Source Code. |
persist during the same period in which You exercise any of the |
||||||
|
permissions granted to You under this License and for at least one |
||||||
### 4.4. Scope of Conditions in this License |
year thereafter. |
||||||
|
|
||||||
You are required to uphold the conditions of this License only relative to |
#### 4.1.2. Source Code for a Modified Work |
||||||
those who are Recipients of the Work from You. Other than providing Recipients |
|
||||||
with the applicable Notices, Access to Source Code, and a copy of and full |
Subject to the exception in section 4.5, You must provide to each |
||||||
control of their User Data, nothing in this License requires You to provide |
Recipient of a Modified Work Access to Source Code corresponding to |
||||||
processing services to or engage in network interactions with anyone. |
those portions of the Work remaining in the Modified Work as well as |
||||||
|
the modifications used by You to create the Modified Work. The Source |
||||||
### 4.5. Combined Work Exception |
Code corresponding to the modifications in the Modified Work must be |
||||||
|
provided to the Recipient either a) under this License, or b) under a |
||||||
As an exception to condition that You provide Recipients Access to Source |
Compatible Open Source License. |
||||||
Code, any Source Code files marked by the Licensor as having the "Combined |
|
||||||
Work Exception," or any object code exclusively resulting from Source Code |
#### 4.1.3. Coordinated Disclosure of Security Vulnerabilities |
||||||
files so marked, may be combined with other Software into a "Larger Work." |
|
||||||
So long as you comply with the requirements to provide Recipients the applicable |
You may delay providing the Source Code corresponding to a particular |
||||||
Notices and Access to the Source Code provided to You by Licensor, and you |
modification of the Work for up to ninety (90) days (the "Embargo |
||||||
provide Recipients access to their User Data and do not limit Recipient's |
Period") if: |
||||||
ability to independently work with their User Data, any other Software in |
|
||||||
the Larger Work as well as the Larger Work as a whole may be licensed under |
+ a) the modification is intended to address a newly-identified |
||||||
the terms of your choice. |
vulnerability or a security flaw in the Work, |
||||||
|
|
||||||
## 5. Term and Termination |
+ b) disclosure of the vulnerability or security flaw before the end |
||||||
|
of the Embargo Period would put the data, identity, or autonomy of one |
||||||
The term of this License begins when You receive the Work, and continues until |
or more Recipients of the Work at significant risk, |
||||||
terminated for any of the reasons described herein, or until all Licensor's |
|
||||||
intellectual property rights in the Software expire, whichever comes first |
+ c) You are participating in a coordinated disclosure of the |
||||||
("Term"). This License cannot be revoked, only terminated for the reasons |
vulnerability or security flaw with one or more additional Licensees, |
||||||
listed below. |
and |
||||||
|
|
||||||
### 5.1. Effect of Termination |
+ d) Access to the Source Code pertaining to the modification is |
||||||
|
provided to all Recipients at the end of the Embargo Period. |
||||||
If this License is terminated for any reason, all permissions granted to You |
|
||||||
under Section 3 by any Licensor automatically terminate. You will immediately |
### 4.2. Maintain User Autonomy |
||||||
cease exercising any permissions granted in this License relative to the Work, |
|
||||||
including as part of any Modified Work. |
In addition to providing each Recipient the opportunity to have Access |
||||||
|
to the Source Code, You cannot use the permissions given under this |
||||||
### 5.2. Termination for Non-Compliance; Reinstatement |
License to interfere with a Recipient's ability to fully use an |
||||||
|
independent copy of the Work generated from the Source Code You |
||||||
This License terminates automatically if You fail to comply with any of the |
provide with the Recipient's own User Data. |
||||||
conditions in section 4. As a special exception to termination for non-compliance, |
|
||||||
Your permissions for the Work under this License will automatically be reinstated |
"User Data" means any data that is an input to or an output from the |
||||||
if You come into compliance with all the conditions in section 2 within sixty |
Work, where the presence of the data is necessary for substantially |
||||||
(60) days of being notified by Licensor or an intended third-party beneficiary |
identical use of the Work in an equivalent context chosen by the |
||||||
of Your noncompliance. You are eligible for reinstatement of permissions for |
Recipient, and where the Recipient has an existing ownership interest, |
||||||
the Work one time only, and only for the sixty days immediately after becoming |
an existing right to possess, or where the data has been generated by, |
||||||
aware of noncompliance. Loss of permissions granted for the Work under this |
for, or has been assigned to the Recipient. |
||||||
License due to either a) sustained noncompliance lasting more than sixty days |
|
||||||
or b) subsequent termination for noncompliance after reinstatement, is permanent, |
#### 4.2.1. No Withholding User Data |
||||||
unless rights are specifically restored by Licensor in writing. |
|
||||||
|
Throughout any period in which You exercise any of the permissions |
||||||
### 5.3. Termination Due to Litigation |
granted to You under this License, You must also provide to any |
||||||
|
Recipient to whom you provide services via the Work, a no-charge copy, |
||||||
If You initiate litigation against Licensor, or any Recipient of the Work, |
provided in a commonly used electronic form, of the Recipient's User |
||||||
either direct or indirect, asserting that the Work directly or indirectly |
Data in your possession, to the extent that such User Data is |
||||||
infringes any patent, then all permissions granted to You by this License |
available to You for use in conjunction with the Work. |
||||||
shall terminate. In the event of termination due to litigation, all permissions |
|
||||||
validly granted by You under this License, directly or indirectly, shall survive |
#### 4.2.2. No Technical Measures that Limit Access |
||||||
termination. Administrative review procedures, declaratory judgment actions, |
|
||||||
counterclaims in response to patent litigation, and enforcement actions against |
You may not, by means of the use cryptographic methods applied to |
||||||
former Licensees terminated under this section do not cause termination due |
anything provided to the Recipient, by possession or control of |
||||||
|
cryptographic keys, seeds, hashes, by any other technological |
||||||
|
protection measures, or by any other method, limit a Recipient's |
||||||
|
ability to access any functionality present in Recipient's independent |
||||||
|
copy of the Work, or to deny a Recipient full control of the |
||||||
|
Recipient's User Data. |
||||||
|
|
||||||
|
#### 4.2.3. No Legal or Contractual Measures that Limit Access |
||||||
|
|
||||||
|
You may not contractually restrict a Recipient's ability to |
||||||
|
independently exercise the permissions granted under this License. You |
||||||
|
waive any legal power to forbid circumvention of technical protection |
||||||
|
measures that include use of the Work, and You waive any claim that |
||||||
|
the capabilities of the Work were limited or modified as a means of |
||||||
|
enforcing the legal rights of third parties against Recipients. |
||||||
|
|
||||||
|
### 4.3. Provide Notices and Attribution |
||||||
|
|
||||||
|
You must retain all licensing, authorship, or attribution notices |
||||||
|
contained in the Source Code (the "Notices"), and provide all such |
||||||
|
Notices to each Recipient, together with a statement acknowledging the |
||||||
|
use of the Work. Notices may be provided directly to a Recipient or |
||||||
|
via an easy-to-find hyperlink to an Internet location also providing |
||||||
|
Access to Source Code. |
||||||
|
|
||||||
|
### 4.4. Scope of Conditions in this License |
||||||
|
|
||||||
|
You are required to uphold the conditions of this License only |
||||||
|
relative to those who are Recipients of the Work from You. Other than |
||||||
|
providing Recipients with the applicable Notices, Access to Source |
||||||
|
Code, and a copy of and full control of their User Data, nothing in |
||||||
|
this License requires You to provide processing services to or engage |
||||||
|
in network interactions with anyone. |
||||||
|
|
||||||
|
### 4.5. Combined Work Exception |
||||||
|
|
||||||
|
As an exception to condition that You provide Recipients Access to |
||||||
|
Source Code, any Source Code files marked by the Licensor as having |
||||||
|
the "Combined Work Exception," or any object code exclusively |
||||||
|
resulting from Source Code files so marked, may be combined with other |
||||||
|
Software into a "Larger Work." So long as you comply with the |
||||||
|
requirements to provide Recipients the applicable Notices and Access |
||||||
|
to the Source Code provided to You by Licensor, and you provide |
||||||
|
Recipients access to their User Data and do not limit Recipient's |
||||||
|
ability to independently work with their User Data, any other Software |
||||||
|
in the Larger Work as well as the Larger Work as a whole may be |
||||||
|
licensed under the terms of your choice. |
||||||
|
|
||||||
|
## 5. Term and Termination |
||||||
|
|
||||||
|
The term of this License begins when You receive the Work, and |
||||||
|
continues until terminated for any of the reasons described herein, or |
||||||
|
until all Licensor's intellectual property rights in the Software |
||||||
|
expire, whichever comes first ("Term"). This License cannot be |
||||||
|
revoked, only terminated for the reasons listed below. |
||||||
|
|
||||||
|
### 5.1. Effect of Termination |
||||||
|
|
||||||
|
If this License is terminated for any reason, all permissions granted |
||||||
|
to You under Section 3 by any Licensor automatically terminate. You |
||||||
|
will immediately cease exercising any permissions granted in this |
||||||
|
License relative to the Work, including as part of any Modified Work. |
||||||
|
|
||||||
|
### 5.2. Termination for Non-Compliance; Reinstatement |
||||||
|
|
||||||
|
This License terminates automatically if You fail to comply with any |
||||||
|
of the conditions in section 4. As a special exception to termination |
||||||
|
for non-compliance, Your permissions for the Work under this License |
||||||
|
will automatically be reinstated if You come into compliance with all |
||||||
|
the conditions in section 2 within sixty (60) days of being notified |
||||||
|
by Licensor or an intended third-party beneficiary of Your |
||||||
|
noncompliance. You are eligible for reinstatement of permissions for |
||||||
|
the Work one time only, and only for the sixty days immediately after |
||||||
|
becoming aware of noncompliance. Loss of permissions granted for the |
||||||
|
Work under this License due to either a) sustained noncompliance |
||||||
|
lasting more than sixty days or b) subsequent termination for |
||||||
|
noncompliance after reinstatement, is permanent, unless rights are |
||||||
|
specifically restored by Licensor in writing. |
||||||
|
|
||||||
|
### 5.3. Termination Due to Litigation |
||||||
|
|
||||||
|
If You initiate litigation against Licensor, or any Recipient of the |
||||||
|
Work, either direct or indirect, asserting that the Work directly or |
||||||
|
indirectly infringes any patent, then all permissions granted to You |
||||||
|
by this License shall terminate. In the event of termination due to |
||||||
|
litigation, all permissions validly granted by You under this License, |
||||||
|
directly or indirectly, shall survive termination. Administrative |
||||||
|
review procedures, declaratory judgment actions, counterclaims in |
||||||
|
response to patent litigation, and enforcement actions against former |
||||||
|
Licensees terminated under this section do not cause termination due |
||||||
to litigation. |
to litigation. |
||||||
|
|
||||||
## 6. Disclaimer of Warranty and Limit on Liability |
## 6. Disclaimer of Warranty and Limit on Liability |
||||||
|
|
||||||
As far as the law allows, the Work comes AS-IS, without any warranty of any |
As far as the law allows, the Work comes AS-IS, without any warranty |
||||||
kind, and no Licensor or contributor will be liable to anyone for any damages |
of any kind, and no Licensor or contributor will be liable to anyone |
||||||
related to this software or this license, under any kind of legal claim, or |
for any damages related to this software or this license, under any |
||||||
for any type of damages, including indirect, special, incidental, or consequential |
kind of legal claim, or for any type of damages, including indirect, |
||||||
damages of any type arising as a result of this License or the use of the |
special, incidental, or consequential damages of any type arising as a |
||||||
Work including, without limitation, damages for loss of goodwill, work stoppage, |
result of this License or the use of the Work including, without |
||||||
computer failure or malfunction, loss of profits, revenue, or any and all |
limitation, damages for loss of goodwill, work stoppage, computer |
||||||
other commercial damages or losses. |
failure or malfunction, loss of profits, revenue, or any and all other |
||||||
|
commercial damages or losses. |
||||||
## 7. Other Provisions |
|
||||||
|
## 7. Other Provisions |
||||||
|
### 7.1. Affiliates |
||||||
|
|
||||||
### 7.1. Affiliates |
An "Affiliate" means any other entity that, directly or indirectly |
||||||
|
through one or more intermediaries, controls, is controlled by, or is |
||||||
An "Affiliate" means any other entity that, directly or indirectly through |
under common control with, the Licensee. Employees of a Licensee and |
||||||
one or more intermediaries, controls, is controlled by, or is under common |
natural persons acting as contractors exclusively providing services |
||||||
control with, the Licensee. Employees of a Licensee and natural persons acting |
to Licensee are also Affiliates. |
||||||
as contractors exclusively providing services to Licensee are also Affiliates. |
|
||||||
|
### 7.2. Choice of Jurisdiction and Governing Law |
||||||
### 7.2. Choice of Jurisdiction and Governing Law |
|
||||||
|
A Licensor may require that any action or suit by a Licensee relating |
||||||
A Licensor may require that any action or suit by a Licensee relating to a |
to a Work provided by Licensor under this License may be brought only |
||||||
Work provided by Licensor under this License may be brought only in the courts |
in the courts of a particular jurisdiction and under the laws of a |
||||||
of a particular jurisdiction and under the laws of a particular jurisdiction |
particular jurisdiction (excluding its conflict-of-law provisions), if |
||||||
(excluding its conflict-of-law provisions), if Licensor provides conspicuous |
Licensor provides conspicuous notice of the particular jurisdiction to |
||||||
notice of the particular jurisdiction to all Licensees. |
all Licensees. |
||||||
|
|
||||||
### 7.3. No Sublicensing |
### 7.3. No Sublicensing |
||||||
|
|
||||||
This License is not sublicensable. Each time You provide the Work or a Modified |
This License is not sublicensable. Each time You provide the Work or a |
||||||
Work to a Recipient, the Recipient automatically receives a license under |
Modified Work to a Recipient, the Recipient automatically receives a |
||||||
the terms described in this License. You may not impose any further reservations, |
license under the terms described in this License. You may not impose |
||||||
conditions, or other provisions on any Recipients' exercise of the permissions |
any further reservations, conditions, or other provisions on any |
||||||
granted herein. |
Recipients' exercise of the permissions granted herein. |
||||||
|
|
||||||
### 7.4. Attorneys' Fees |
### 7.4. Attorneys' Fees |
||||||
|
|
||||||
In any action to enforce the terms of this License, or seeking damages relating |
In any action to enforce the terms of this License, or seeking damages |
||||||
thereto, including by an intended third-party beneficiary, the prevailing |
relating thereto, including by an intended third-party beneficiary, |
||||||
party shall be entitled to recover its costs and expenses, including, without |
the prevailing party shall be entitled to recover its costs and |
||||||
limitation, reasonable attorneys' fees and costs incurred in connection with |
expenses, including, without limitation, reasonable attorneys' fees |
||||||
such action, including any appeal of such action. A "prevailing party" is |
and costs incurred in connection with such action, including any |
||||||
the party that achieves, or avoids, compliance with this License, including |
appeal of such action. A "prevailing party" is the party that |
||||||
through settlement. This section shall survive the termination of this License. |
achieves, or avoids, compliance with this License, including through |
||||||
|
settlement. This section shall survive the termination of this |
||||||
### 7.5. No Waiver |
License. |
||||||
|
|
||||||
Any failure by Licensor to enforce any provision of this License will not |
### 7.5. No Waiver |
||||||
constitute a present or future waiver of such provision nor limit Licensor's |
|
||||||
ability to enforce such provision at a later time. |
Any failure by Licensor to enforce any provision of this License will |
||||||
|
not constitute a present or future waiver of such provision nor limit |
||||||
### 7.6. Severability |
Licensor's ability to enforce such provision at a later time. |
||||||
|
|
||||||
If any provision of this License is held to be unenforceable, such provision |
### 7.6. Severability |
||||||
shall be reformed only to the extent necessary to make it enforceable. Any |
|
||||||
invalid or unenforceable portion will be interpreted to the effect and intent |
If any provision of this License is held to be unenforceable, such |
||||||
of the original portion. If such a construction is not possible, the invalid |
provision shall be reformed only to the extent necessary to make it |
||||||
or unenforceable portion will be severed from this License but the rest of |
enforceable. Any invalid or unenforceable portion will be interpreted |
||||||
this License will remain in full force and effect. |
to the effect and intent of the original portion. If such a |
||||||
|
construction is not possible, the invalid or unenforceable portion |
||||||
### 7.7. License for the Text of this License |
will be severed from this License but the rest of this License will |
||||||
|
remain in full force and effect. |
||||||
The text of this license is released under the Creative Commons Attribution-ShareAlike |
|
||||||
4.0 International License, with the caveat that any modifications of this |
### 7.7. License for the Text of this License |
||||||
license may not use the name "Cryptographic Autonomy License" or any name |
|
||||||
confusingly similar thereto to describe any derived work of this License. |
The text of this license is released under the Creative Commons |
||||||
|
Attribution-ShareAlike 4.0 International License, with the caveat that |
||||||
|
any modifications of this license may not use the name "Cryptographic |
||||||
|
Autonomy License" or any name confusingly similar thereto to describe |
||||||
|
any derived work of this License. |
||||||
|
@ -0,0 +1,248 @@ |
|||||||
|
Creative Commons Attribution 3.0 United States |
||||||
|
|
||||||
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL |
||||||
|
SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT |
||||||
|
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. |
||||||
|
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND |
||||||
|
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. |
||||||
|
|
||||||
|
License |
||||||
|
|
||||||
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS |
||||||
|
PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR |
||||||
|
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS |
||||||
|
LICENSE OR COPYRIGHT LAW IS PROHIBITED. |
||||||
|
|
||||||
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO |
||||||
|
BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED |
||||||
|
TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION |
||||||
|
OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. |
||||||
|
|
||||||
|
1. Definitions |
||||||
|
|
||||||
|
a. "Collective Work" means a work, such as a periodical issue, anthology or |
||||||
|
encyclopedia, in which the Work in its entirety in unmodified form, along |
||||||
|
with one or more other contributions, constituting separate and independent |
||||||
|
works in themselves, are assembled into a collective whole. A work that constitutes |
||||||
|
a Collective Work will not be considered a Derivative Work (as defined below) |
||||||
|
for the purposes of this License. |
||||||
|
|
||||||
|
b. "Derivative Work" means a work based upon the Work or upon the Work and |
||||||
|
other pre-existing works, such as a translation, musical arrangement, dramatization, |
||||||
|
fictionalization, motion picture version, sound recording, art reproduction, |
||||||
|
abridgment, condensation, or any other form in which the Work may be recast, |
||||||
|
transformed, or adapted, except that a work that constitutes a Collective |
||||||
|
Work will not be considered a Derivative Work for the purpose of this License. |
||||||
|
For the avoidance of doubt, where the Work is a musical composition or sound |
||||||
|
recording, the synchronization of the Work in timed-relation with a moving |
||||||
|
image ("synching") will be considered a Derivative Work for the purpose of |
||||||
|
this License. |
||||||
|
|
||||||
|
c. "Licensor" means the individual, individuals, entity or entities that offers |
||||||
|
the Work under the terms of this License. |
||||||
|
|
||||||
|
d. "Original Author" means the individual, individuals, entity or entities |
||||||
|
who created the Work. |
||||||
|
|
||||||
|
e. "Work" means the copyrightable work of authorship offered under the terms |
||||||
|
of this License. |
||||||
|
|
||||||
|
f. "You" means an individual or entity exercising rights under this License |
||||||
|
who has not previously violated the terms of this License with respect to |
||||||
|
the Work, or who has received express permission from the Licensor to exercise |
||||||
|
rights under this License despite a previous violation. |
||||||
|
|
||||||
|
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, |
||||||
|
or restrict any rights arising from fair use, first sale or other limitations |
||||||
|
on the exclusive rights of the copyright owner under copyright law or other |
||||||
|
applicable laws. |
||||||
|
|
||||||
|
3. License Grant. Subject to the terms and conditions of this License, Licensor |
||||||
|
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for |
||||||
|
the duration of the applicable copyright) license to exercise the rights in |
||||||
|
the Work as stated below: |
||||||
|
|
||||||
|
a. to reproduce the Work, to incorporate the Work into one or more Collective |
||||||
|
Works, and to reproduce the Work as incorporated in the Collective Works; |
||||||
|
|
||||||
|
b. to create and reproduce Derivative Works provided that any such Derivative |
||||||
|
Work, including any translation in any medium, takes reasonable steps to clearly |
||||||
|
label, demarcate or otherwise identify that changes were made to the original |
||||||
|
Work. For example, a translation could be marked "The original work was translated |
||||||
|
from English to Spanish," or a modification could indicate "The original work |
||||||
|
has been modified.";; |
||||||
|
|
||||||
|
c. to distribute copies or phonorecords of, display publicly, perform publicly, |
||||||
|
and perform publicly by means of a digital audio transmission the Work including |
||||||
|
as incorporated in Collective Works; |
||||||
|
|
||||||
|
d. to distribute copies or phonorecords of, display publicly, perform publicly, |
||||||
|
and perform publicly by means of a digital audio transmission Derivative Works. |
||||||
|
|
||||||
|
e. For the avoidance of doubt, where the Work is a musical composition: |
||||||
|
|
||||||
|
i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive |
||||||
|
right to collect, whether individually or, in the event that Licensor is a |
||||||
|
member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that |
||||||
|
society, royalties for the public performance or public digital performance |
||||||
|
(e.g. webcast) of the Work. |
||||||
|
|
||||||
|
ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive |
||||||
|
right to collect, whether individually or via a music rights agency or designated |
||||||
|
agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from |
||||||
|
the Work ("cover version") and distribute, subject to the compulsory license |
||||||
|
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in |
||||||
|
other jurisdictions). |
||||||
|
|
||||||
|
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, |
||||||
|
where the Work is a sound recording, Licensor waives the exclusive right to |
||||||
|
collect, whether individually or via a performance-rights society (e.g. SoundExchange), |
||||||
|
royalties for the public digital performance (e.g. webcast) of the Work, subject |
||||||
|
to the compulsory license created by 17 USC Section 114 of the US Copyright |
||||||
|
Act (or the equivalent in other jurisdictions). |
||||||
|
|
||||||
|
The above rights may be exercised in all media and formats whether now known |
||||||
|
or hereafter devised. The above rights include the right to make such modifications |
||||||
|
as are technically necessary to exercise the rights in other media and formats. |
||||||
|
All rights not expressly granted by Licensor are hereby reserved. |
||||||
|
|
||||||
|
4. Restrictions. The license granted in Section 3 above is expressly made |
||||||
|
subject to and limited by the following restrictions: |
||||||
|
|
||||||
|
a. You may distribute, publicly display, publicly perform, or publicly digitally |
||||||
|
perform the Work only under the terms of this License, and You must include |
||||||
|
a copy of, or the Uniform Resource Identifier for, this License with every |
||||||
|
copy or phonorecord of the Work You distribute, publicly display, publicly |
||||||
|
perform, or publicly digitally perform. You may not offer or impose any terms |
||||||
|
on the Work that restrict the terms of this License or the ability of a recipient |
||||||
|
of the Work to exercise the rights granted to that recipient under the terms |
||||||
|
of the License. You may not sublicense the Work. You must keep intact all |
||||||
|
notices that refer to this License and to the disclaimer of warranties. When |
||||||
|
You distribute, publicly display, publicly perform, or publicly digitally |
||||||
|
perform the Work, You may not impose any technological measures on the Work |
||||||
|
that restrict the ability of a recipient of the Work from You to exercise |
||||||
|
the rights granted to that recipient under the terms of the License. This |
||||||
|
Section 4(a) applies to the Work as incorporated in a Collective Work, but |
||||||
|
this does not require the Collective Work apart from the Work itself to be |
||||||
|
made subject to the terms of this License. If You create a Collective Work, |
||||||
|
upon notice from any Licensor You must, to the extent practicable, remove |
||||||
|
from the Collective Work any credit as required by Section 4(b), as requested. |
||||||
|
If You create a Derivative Work, upon notice from any Licensor You must, to |
||||||
|
the extent practicable, remove from the Derivative Work any credit as required |
||||||
|
by Section 4(b), as requested. |
||||||
|
|
||||||
|
b. If You distribute, publicly display, publicly perform, or publicly digitally |
||||||
|
perform the Work (as defined in Section 1 above) or any Derivative Works (as |
||||||
|
defined in Section 1 above) or Collective Works (as defined in Section 1 above), |
||||||
|
You must, unless a request has been made pursuant to Section 4(a), keep intact |
||||||
|
all copyright notices for the Work and provide, reasonable to the medium or |
||||||
|
means You are utilizing: (i) the name of the Original Author (or pseudonym, |
||||||
|
if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor |
||||||
|
designate another party or parties (e.g. a sponsor institute, publishing entity, |
||||||
|
journal) for attribution ("Attribution Parties") in Licensor's copyright notice, |
||||||
|
terms of service or by other reasonable means, the name of such party or parties; |
||||||
|
the title of the Work if supplied; to the extent reasonably practicable, the |
||||||
|
Uniform Resource Identifier, if any, that Licensor specifies to be associated |
||||||
|
with the Work, unless such URI does not refer to the copyright notice or licensing |
||||||
|
information for the Work; and, consistent with Section 3(b) in the case of |
||||||
|
a Derivative Work, a credit identifying the use of the Work in the Derivative |
||||||
|
Work (e.g., "French translation of the Work by Original Author," or "Screenplay |
||||||
|
based on original Work by Original Author"). The credit required by this Section |
||||||
|
4(b) may be implemented in any reasonable manner; provided, however, that |
||||||
|
in the case of a Derivative Work or Collective Work, at a minimum such credit |
||||||
|
will appear, if a credit for all contributing authors of the Derivative Work |
||||||
|
or Collective Work appears, then as part of these credits and in a manner |
||||||
|
at least as prominent as the credits for the other contributing authors. For |
||||||
|
the avoidance of doubt, You may only use the credit required by this Section |
||||||
|
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i. the right to reproduce, adapt, distribute, perform, display, communicate, |
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vi. database rights (such as those arising under Directive 96/9/EC of the |
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of databases, and under any national implementation thereof, including any |
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amended or successor version of such directive); and |
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vii. other similar, equivalent or corresponding rights throughout the world |
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2. Waiver. To the greatest extent permitted by, but not in contravention of, |
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1. Copyright and Related Rights. A Work made available under CC0 may be |
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protected by copyright and related or neighboring rights ("Copyright and |
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in a Work; |
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vi. database rights (such as those arising under Directive 96/9/EC of the |
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European Parliament and of the Council of 11 March 1996 on the legal |
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protection of databases, and under any national implementation |
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thereof, including any amended or successor version of such |
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directive); and |
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vii. other similar, equivalent or corresponding rights throughout the |
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world based on applicable law or treaty, and any national |
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implementations thereof. |
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2. Waiver. To the greatest extent permitted by, but not in contravention |
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of, applicable law, Affirmer hereby overtly, fully, permanently, |
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irrevocably and unconditionally waives, abandons, and surrenders all of |
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purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each |
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member of the public at large and to the detriment of Affirmer's heirs and |
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successors, fully intending that such Waiver shall not be subject to |
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Waiver shall be preserved to the maximum extent permitted taking into |
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judged Affirmer hereby grants to each affected person a royalty-free, non |
extent the Waiver is so judged Affirmer hereby grants to each affected |
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action with respect to the Work, in either case contrary to Affirmer's |
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express Statement of Purpose. |
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4. Limitations and Disclaimers. |
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a. No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, |
a. No trademark or patent rights held by Affirmer are waived, abandoned, |
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licensed or otherwise affected by this document. |
surrendered, licensed or otherwise affected by this document. |
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defects, accuracy, or the present or absence of errors, whether or not discoverable, |
the present or absence of errors, whether or not discoverable, all to |
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all to the greatest extent permissible under applicable law. |
the greatest extent permissible under applicable law. |
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c. Affirmer disclaims responsibility for clearing rights of other persons |
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c. Affirmer disclaims responsibility for clearing rights of other persons |
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limitation any person's Copyright and Related Rights in the Work. |
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any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims |
Further, Affirmer disclaims responsibility for obtaining any necessary |
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Work. |
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d. Affirmer understands and acknowledges that Creative Commons is not a |
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d. Affirmer understands and acknowledges that Creative Commons is not a party |
party to this document and has no duty or obligation with respect to |
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to this document and has no duty or obligation with respect to this CC0 or |
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use of the Work. |
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@ -1,477 +1,506 @@ |
|||||||
CeCILL FREE SOFTWARE LICENSE AGREEMENT Notice |
|
||||||
|
|
||||||
This Agreement is a Free Software license agreement that is the result of |
CeCILL FREE SOFTWARE LICENSE AGREEMENT |
||||||
discussions between its authors in order to ensure compliance with the two |
|
||||||
main principles guiding its drafting: |
|
||||||
|
|
||||||
* firstly, compliance with the principles governing the distribution of Free |
|
||||||
Software: access to source code, broad rights granted to users, |
|
||||||
|
|
||||||
* secondly, the election of a governing law, French law, with which it is |
Notice |
||||||
conformant, both as regards the law of torts and intellectual property law, |
|
||||||
and the protection that it offers to both authors and holders of the economic |
|
||||||
rights over software. |
|
||||||
|
|
||||||
The authors of the CeCILL¹ license are: |
This Agreement is a Free Software license agreement that is the result |
||||||
|
of discussions between its authors in order to ensure compliance with |
||||||
|
the two main principles guiding its drafting: |
||||||
|
|
||||||
|
* firstly, compliance with the principles governing the distribution |
||||||
|
of Free Software: access to source code, broad rights granted to |
||||||
|
users, |
||||||
|
* secondly, the election of a governing law, French law, with which |
||||||
|
it is conformant, both as regards the law of torts and |
||||||
|
intellectual property law, and the protection that it offers to |
||||||
|
both authors and holders of the economic rights over software. |
||||||
|
|
||||||
|
The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) |
||||||
|
license are: |
||||||
|
|
||||||
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and |
Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
||||||
industrial research establishment, having its principal place of business |
and industrial research establishment, having its principal place of |
||||||
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
||||||
|
|
||||||
|
Centre National de la Recherche Scientifique - CNRS, a public scientific |
||||||
|
and technological establishment, having its principal place of business |
||||||
|
at 3 rue Michel-Ange, 75794 Paris cedex 16, France. |
||||||
|
|
||||||
|
Institut National de Recherche en Informatique et en Automatique - |
||||||
|
INRIA, a public scientific and technological establishment, having its |
||||||
|
principal place of business at Domaine de Voluceau, Rocquencourt, BP |
||||||
|
105, 78153 Le Chesnay cedex, France. |
||||||
|
|
||||||
Centre National de la Recherche Scientifique - CNRS, a public scientific and |
|
||||||
technological establishment, having its principal place of business at 3 rue |
|
||||||
Michel-Ange, 75794 Paris cedex 16, France. |
|
||||||
|
|
||||||
|
Preamble |
||||||
|
|
||||||
|
The purpose of this Free Software license agreement is to grant users |
||||||
|
the right to modify and redistribute the software governed by this |
||||||
|
license within the framework of an open source distribution model. |
||||||
|
|
||||||
Institut National de Recherche en Informatique et en Automatique - INRIA, |
The exercising of these rights is conditional upon certain obligations |
||||||
a public scientific and technological establishment, having its principal |
for users so as to preserve this status for all subsequent redistributions. |
||||||
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay |
|
||||||
cedex, France. |
|
||||||
|
|
||||||
Preamble The purpose of this Free Software license agreement is to grant users |
In consideration of access to the source code and the rights to copy, |
||||||
the right to modify and redistribute the software governed by this license |
modify and redistribute granted by the license, users are provided only |
||||||
within the framework of an open source distribution model. |
with a limited warranty and the software's author, the holder of the |
||||||
|
economic rights, and the successive licensors only have limited liability. |
||||||
|
|
||||||
The exercising of these rights is conditional upon certain obligations for |
In this respect, the risks associated with loading, using, modifying |
||||||
users so as to preserve this status for all subsequent redistributions. |
and/or developing or reproducing the software by the user are brought to |
||||||
|
the user's attention, given its Free Software status, which may make it |
||||||
|
complicated to use, with the result that its use is reserved for |
||||||
|
developers and experienced professionals having in-depth computer |
||||||
|
knowledge. Users are therefore encouraged to load and test the |
||||||
|
suitability of the software as regards their requirements in conditions |
||||||
|
enabling the security of their systems and/or data to be ensured and, |
||||||
|
more generally, to use and operate it in the same conditions of |
||||||
|
security. This Agreement may be freely reproduced and published, |
||||||
|
provided it is not altered, and that no provisions are either added or |
||||||
|
removed herefrom. |
||||||
|
|
||||||
In consideration of access to the source code and the rights to copy, modify |
This Agreement may apply to any or all software for which the holder of |
||||||
and redistribute granted by the license, users are provided only with a limited |
the economic rights decides to submit the use thereof to its provisions. |
||||||
warranty and the software's author, the holder of the economic rights, and |
|
||||||
the successive licensors only have limited liability. |
|
||||||
|
|
||||||
In this respect, the risks associated with loading, using, modifying and/or |
|
||||||
developing or reproducing the software by the user are brought to the user's |
|
||||||
attention, given its Free Software status, which may make it complicated to |
|
||||||
use, with the result that its use is reserved for developers and experienced |
|
||||||
professionals having in-depth computer knowledge. Users are therefore encouraged |
|
||||||
to load and test the suitability of the software as regards their requirements |
|
||||||
in conditions enabling the security of their systems and/or data to be ensured |
|
||||||
and, more generally, to use and operate it in the same conditions of security. |
|
||||||
This Agreement may be freely reproduced and published, provided it is not |
|
||||||
altered, and that no provisions are either added or removed herefrom. |
|
||||||
|
|
||||||
This Agreement may apply to any or all software for which the holder of the |
Article 1 - DEFINITIONS |
||||||
economic rights decides to submit the use thereof to its provisions. |
|
||||||
|
|
||||||
Article 1 - DEFINITIONS |
For the purpose of this Agreement, when the following expressions |
||||||
|
commence with a capital letter, they shall have the following meaning: |
||||||
|
|
||||||
For the purpose of this Agreement, when the following expressions commence |
Agreement: means this license agreement, and its possible subsequent |
||||||
with a capital letter, they shall have the following meaning: |
versions and annexes. |
||||||
|
|
||||||
|
Software: means the software in its Object Code and/or Source Code form |
||||||
|
and, where applicable, its documentation, "as is" when the Licensee |
||||||
|
accepts the Agreement. |
||||||
|
|
||||||
|
Initial Software: means the Software in its Source Code and possibly its |
||||||
|
Object Code form and, where applicable, its documentation, "as is" when |
||||||
|
it is first distributed under the terms and conditions of the Agreement. |
||||||
|
|
||||||
Agreement: means this license agreement, and its possible subsequent versions |
Modified Software: means the Software modified by at least one |
||||||
and annexes. |
Contribution. |
||||||
|
|
||||||
|
Source Code: means all the Software's instructions and program lines to |
||||||
|
which access is required so as to modify the Software. |
||||||
|
|
||||||
|
Object Code: means the binary files originating from the compilation of |
||||||
|
the Source Code. |
||||||
|
|
||||||
Software: means the software in its Object Code and/or Source Code form and, |
Holder: means the holder(s) of the economic rights over the Initial |
||||||
where applicable, its documentation, "as is" when the Licensee accepts the |
Software. |
||||||
Agreement. |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
Initial Software: means the Software in its Source Code and possibly its Object |
|
||||||
Code form and, where applicable, its documentation, "as is" when it is first |
|
||||||
distributed under the terms and conditions of the Agreement. |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
Modified Software: means the Software modified by at least one Contribution. |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
Source Code: means all the Software's instructions and program lines to which |
|
||||||
access is required so as to modify the Software. |
|
||||||
|
|
||||||
|
Licensee: means the Software user(s) having accepted the Agreement. |
||||||
|
|
||||||
|
Contributor: means a Licensee having made at least one Contribution. |
||||||
|
|
||||||
Object Code: means the binary files originating from the compilation of the |
Licensor: means the Holder, or any other individual or legal entity, who |
||||||
Source Code. |
distributes the Software under the Agreement. |
||||||
|
|
||||||
|
Contribution: means any or all modifications, corrections, translations, |
||||||
|
adaptations and/or new functions integrated into the Software by any or |
||||||
|
all Contributors, as well as any or all Internal Modules. |
||||||
|
|
||||||
|
Module: means a set of sources files including their documentation that |
||||||
|
enables supplementary functions or services in addition to those offered |
||||||
|
by the Software. |
||||||
|
|
||||||
Holder: means the holder(s) of the economic rights over the Initial Software. |
External Module: means any or all Modules, not derived from the |
||||||
|
Software, so that this Module and the Software run in separate address |
||||||
|
spaces, with one calling the other when they are run. |
||||||
|
|
||||||
|
Internal Module: means any or all Module, connected to the Software so |
||||||
|
that they both execute in the same address space. |
||||||
|
|
||||||
|
GNU GPL: means the GNU General Public License version 2 or any |
||||||
|
subsequent version, as published by the Free Software Foundation Inc. |
||||||
|
|
||||||
Licensee: means the Software user(s) having accepted the Agreement. |
Parties: mean both the Licensee and the Licensor. |
||||||
|
|
||||||
|
These expressions may be used both in singular and plural form. |
||||||
|
|
||||||
|
|
||||||
Contributor: means a Licensee having made at least one Contribution. |
Article 2 - PURPOSE |
||||||
|
|
||||||
|
The purpose of the Agreement is the grant by the Licensor to the |
||||||
|
Licensee of a non-exclusive, transferable and worldwide license for the |
||||||
|
Software as set forth in Article 5 hereinafter for the whole term of the |
||||||
|
protection granted by the rights over said Software. |
||||||
|
|
||||||
|
|
||||||
Licensor: means the Holder, or any other individual or legal entity, who distributes |
Article 3 - ACCEPTANCE |
||||||
the Software under the Agreement. |
|
||||||
|
|
||||||
|
3.1 The Licensee shall be deemed as having accepted the terms and |
||||||
|
conditions of this Agreement upon the occurrence of the first of the |
||||||
|
following events: |
||||||
|
|
||||||
|
* (i) loading the Software by any or all means, notably, by |
||||||
|
downloading from a remote server, or by loading from a physical |
||||||
|
medium; |
||||||
|
* (ii) the first time the Licensee exercises any of the rights |
||||||
|
granted hereunder. |
||||||
|
|
||||||
Contribution: means any or all modifications, corrections, translations, adaptations |
3.2 One copy of the Agreement, containing a notice relating to the |
||||||
and/or new functions integrated into the Software by any or all Contributors, |
characteristics of the Software, to the limited warranty, and to the |
||||||
as well as any or all Internal Modules. |
fact that its use is restricted to experienced users has been provided |
||||||
|
to the Licensee prior to its acceptance as set forth in Article 3.1 |
||||||
|
hereinabove, and the Licensee hereby acknowledges that it has read and |
||||||
|
understood it. |
||||||
|
|
||||||
|
|
||||||
|
Article 4 - EFFECTIVE DATE AND TERM |
||||||
Module: means a set of sources files including their documentation that enables |
|
||||||
supplementary functions or services in addition to those offered by the Software. |
|
||||||
|
|
||||||
|
|
||||||
|
4.1 EFFECTIVE DATE |
||||||
|
|
||||||
External Module: means any or all Modules, not derived from the Software, |
The Agreement shall become effective on the date when it is accepted by |
||||||
so that this Module and the Software run in separate address spaces, with |
the Licensee as set forth in Article 3.1. |
||||||
one calling the other when they are run. |
|
||||||
|
|
||||||
|
|
||||||
|
4.2 TERM |
||||||
|
|
||||||
Internal Module: means any or all Module, connected to the Software so that |
The Agreement shall remain in force for the entire legal term of |
||||||
they both execute in the same address space. |
protection of the economic rights over the Software. |
||||||
|
|
||||||
|
|
||||||
|
Article 5 - SCOPE OF RIGHTS GRANTED |
||||||
|
|
||||||
GNU GPL: means the GNU General Public License version 2 or any subsequent |
The Licensor hereby grants to the Licensee, who accepts, the following |
||||||
version, as published by the Free Software Foundation Inc. |
rights over the Software for any or all use, and for the term of the |
||||||
|
Agreement, on the basis of the terms and conditions set forth hereinafter. |
||||||
|
|
||||||
|
Besides, if the Licensor owns or comes to own one or more patents |
||||||
|
protecting all or part of the functions of the Software or of its |
||||||
|
components, the Licensor undertakes not to enforce the rights granted by |
||||||
|
these patents against successive Licensees using, exploiting or |
||||||
|
modifying the Software. If these patents are transferred, the Licensor |
||||||
|
undertakes to have the transferees subscribe to the obligations set |
||||||
|
forth in this paragraph. |
||||||
|
|
||||||
|
|
||||||
Parties: mean both the Licensee and the Licensor. |
5.1 RIGHT OF USE |
||||||
|
|
||||||
These expressions may be used both in singular and plural form. |
The Licensee is authorized to use the Software, without any limitation |
||||||
|
as to its fields of application, with it being hereinafter specified |
||||||
|
that this comprises: |
||||||
|
|
||||||
Article 2 - PURPOSE |
1. permanent or temporary reproduction of all or part of the Software |
||||||
|
by any or all means and in any or all form. |
||||||
|
|
||||||
The purpose of the Agreement is the grant by the Licensor to the Licensee |
2. loading, displaying, running, or storing the Software on any or |
||||||
of a non-exclusive, transferable and worldwide license for the Software as |
all medium. |
||||||
set forth in Article 5 hereinafter for the whole term of the protection granted |
|
||||||
by the rights over said Software. |
|
||||||
|
|
||||||
Article 3 - ACCEPTANCE |
3. entitlement to observe, study or test its operation so as to |
||||||
|
determine the ideas and principles behind any or all constituent |
||||||
|
elements of said Software. This shall apply when the Licensee |
||||||
|
carries out any or all loading, displaying, running, transmission |
||||||
|
or storage operation as regards the Software, that it is entitled |
||||||
|
to carry out hereunder. |
||||||
|
|
||||||
3.1 The Licensee shall be deemed as having accepted the terms and conditions |
|
||||||
of this Agreement upon the occurrence of the first of the following events: |
|
||||||
|
|
||||||
(i) loading the Software by any or all means, notably, by downloading from |
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
||||||
a remote server, or by loading from a physical medium; |
|
||||||
|
|
||||||
(ii) the first time the Licensee exercises any of the rights granted hereunder. |
The right to make Contributions includes the right to translate, adapt, |
||||||
|
arrange, or make any or all modifications to the Software, and the right |
||||||
|
to reproduce the resulting software. |
||||||
|
|
||||||
3.2 One copy of the Agreement, containing a notice relating to the characteristics |
The Licensee is authorized to make any or all Contributions to the |
||||||
of the Software, to the limited warranty, and to the fact that its use is |
Software provided that it includes an explicit notice that it is the |
||||||
restricted to experienced users has been provided to the Licensee prior to |
author of said Contribution and indicates the date of the creation thereof. |
||||||
its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby |
|
||||||
acknowledges that it has read and understood it. |
|
||||||
|
|
||||||
Article 4 - EFFECTIVE DATE AND TERM |
|
||||||
|
|
||||||
4.1 EFFECTIVE DATE |
5.3 RIGHT OF DISTRIBUTION |
||||||
|
|
||||||
The Agreement shall become effective on the date when it is accepted by the |
In particular, the right of distribution includes the right to publish, |
||||||
Licensee as set forth in Article 3.1. |
transmit and communicate the Software to the general public on any or |
||||||
|
all medium, and by any or all means, and the right to market, either in |
||||||
|
consideration of a fee, or free of charge, one or more copies of the |
||||||
|
Software by any means. |
||||||
|
|
||||||
4.2 TERM |
The Licensee is further authorized to distribute copies of the modified |
||||||
|
or unmodified Software to third parties according to the terms and |
||||||
|
conditions set forth hereinafter. |
||||||
|
|
||||||
The Agreement shall remain in force for the entire legal term of protection |
|
||||||
of the economic rights over the Software. |
|
||||||
|
|
||||||
Article 5 - SCOPE OF RIGHTS GRANTED |
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||||
|
|
||||||
The Licensor hereby grants to the Licensee, who accepts, the following rights |
The Licensee is authorized to distribute true copies of the Software in |
||||||
over the Software for any or all use, and for the term of the Agreement, on |
Source Code or Object Code form, provided that said distribution |
||||||
the basis of the terms and conditions set forth hereinafter. |
complies with all the provisions of the Agreement and is accompanied by: |
||||||
|
|
||||||
Besides, if the Licensor owns or comes to own one or more patents protecting |
1. a copy of the Agreement, |
||||||
all or part of the functions of the Software or of its components, the Licensor |
|
||||||
undertakes not to enforce the rights granted by these patents against successive |
|
||||||
Licensees using, exploiting or modifying the Software. If these patents are |
|
||||||
transferred, the Licensor undertakes to have the transferees subscribe to |
|
||||||
the obligations set forth in this paragraph. |
|
||||||
|
|
||||||
5.1 RIGHT OF USE |
2. a notice relating to the limitation of both the Licensor's |
||||||
|
warranty and liability as set forth in Articles 8 and 9, |
||||||
|
|
||||||
The Licensee is authorized to use the Software, without any limitation as |
and that, in the event that only the Object Code of the Software is |
||||||
to its fields of application, with it being hereinafter specified that this |
redistributed, the Licensee allows future Licensees unhindered access to |
||||||
comprises: |
the full Source Code of the Software by indicating how to access it, it |
||||||
|
being understood that the additional cost of acquiring the Source Code |
||||||
|
shall not exceed the cost of transferring the data. |
||||||
|
|
||||||
1. permanent or temporary reproduction of all or part of the Software by any |
|
||||||
or all means and in any or all form. |
|
||||||
|
|
||||||
2. loading, displaying, running, or storing the Software on any or all medium. |
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
||||||
|
|
||||||
3. entitlement to observe, study or test its operation so as to determine |
When the Licensee makes a Contribution to the Software, the terms and |
||||||
the ideas and principles behind any or all constituent elements of said Software. |
conditions for the distribution of the resulting Modified Software |
||||||
This shall apply when the Licensee carries out any or all loading, displaying, |
become subject to all the provisions of this Agreement. |
||||||
running, transmission or storage operation as regards the Software, that it |
|
||||||
is entitled to carry out hereunder. |
|
||||||
|
|
||||||
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
The Licensee is authorized to distribute the Modified Software, in |
||||||
|
source code or object code form, provided that said distribution |
||||||
|
complies with all the provisions of the Agreement and is accompanied by: |
||||||
|
|
||||||
The right to make Contributions includes the right to translate, adapt, arrange, |
1. a copy of the Agreement, |
||||||
or make any or all modifications to the Software, and the right to reproduce |
|
||||||
the resulting software. |
|
||||||
|
|
||||||
The Licensee is authorized to make any or all Contributions to the Software |
2. a notice relating to the limitation of both the Licensor's |
||||||
provided that it includes an explicit notice that it is the author of said |
warranty and liability as set forth in Articles 8 and 9, |
||||||
Contribution and indicates the date of the creation thereof. |
|
||||||
|
|
||||||
5.3 RIGHT OF DISTRIBUTION |
and that, in the event that only the object code of the Modified |
||||||
|
Software is redistributed, the Licensee allows future Licensees |
||||||
|
unhindered access to the full source code of the Modified Software by |
||||||
|
indicating how to access it, it being understood that the additional |
||||||
|
cost of acquiring the source code shall not exceed the cost of |
||||||
|
transferring the data. |
||||||
|
|
||||||
In particular, the right of distribution includes the right to publish, transmit |
|
||||||
and communicate the Software to the general public on any or all medium, and |
|
||||||
by any or all means, and the right to market, either in consideration of a |
|
||||||
fee, or free of charge, one or more copies of the Software by any means. |
|
||||||
|
|
||||||
The Licensee is further authorized to distribute copies of the modified or |
5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
||||||
unmodified Software to third parties according to the terms and conditions |
|
||||||
set forth hereinafter. |
|
||||||
|
|
||||||
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
When the Licensee has developed an External Module, the terms and |
||||||
|
conditions of this Agreement do not apply to said External Module, that |
||||||
|
may be distributed under a separate license agreement. |
||||||
|
|
||||||
The Licensee is authorized to distribute true copies of the Software in Source |
|
||||||
Code or Object Code form, provided that said distribution complies with all |
|
||||||
the provisions of the Agreement and is accompanied by: |
|
||||||
|
|
||||||
1. a copy of the Agreement, |
5.3.4 COMPATIBILITY WITH THE GNU GPL |
||||||
|
|
||||||
2. a notice relating to the limitation of both the Licensor's warranty and |
The Licensee can include a code that is subject to the provisions of one |
||||||
liability as set forth in Articles 8 and 9, |
of the versions of the GNU GPL in the Modified or unmodified Software, |
||||||
|
and distribute that entire code under the terms of the same version of |
||||||
|
the GNU GPL. |
||||||
|
|
||||||
and that, in the event that only the Object Code of the Software is redistributed, |
The Licensee can include the Modified or unmodified Software in a code |
||||||
the Licensee allows future Licensees unhindered access to the full Source |
that is subject to the provisions of one of the versions of the GNU GPL, |
||||||
Code of the Software by indicating how to access it, it being understood that |
and distribute that entire code under the terms of the same version of |
||||||
the additional cost of acquiring the Source Code shall not exceed the cost |
the GNU GPL. |
||||||
of transferring the data. |
|
||||||
|
|
||||||
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE |
|
||||||
|
|
||||||
When the Licensee makes a Contribution to the Software, the terms and conditions |
Article 6 - INTELLECTUAL PROPERTY |
||||||
for the distribution of the resulting Modified Software become subject to |
|
||||||
all the provisions of this Agreement. |
|
||||||
|
|
||||||
The Licensee is authorized to distribute the Modified Software, in source |
|
||||||
code or object code form, provided that said distribution complies with all |
|
||||||
the provisions of the Agreement and is accompanied by: |
|
||||||
|
|
||||||
1. a copy of the Agreement, |
6.1 OVER THE INITIAL SOFTWARE |
||||||
|
|
||||||
2. a notice relating to the limitation of both the Licensor's warranty and |
The Holder owns the economic rights over the Initial Software. Any or |
||||||
liability as set forth in Articles 8 and 9, |
all use of the Initial Software is subject to compliance with the terms |
||||||
|
and conditions under which the Holder has elected to distribute its work |
||||||
|
and no one shall be entitled to modify the terms and conditions for the |
||||||
|
distribution of said Initial Software. |
||||||
|
|
||||||
and that, in the event that only the object code of the Modified Software |
The Holder undertakes that the Initial Software will remain ruled at |
||||||
is redistributed, the Licensee allows future Licensees unhindered access to |
least by this Agreement, for the duration set forth in Article 4.2. |
||||||
the full source code of the Modified Software by indicating how to access |
|
||||||
it, it being understood that the additional cost of acquiring the source code |
|
||||||
shall not exceed the cost of transferring the data. |
|
||||||
|
|
||||||
5.3.3. DISTRIBUTION OF EXTERNAL MODULES |
|
||||||
|
|
||||||
When the Licensee has developed an External Module, the terms and conditions |
6.2 OVER THE CONTRIBUTIONS |
||||||
of this Agreement do not apply to said External Module, that may be distributed |
|
||||||
under a separate license agreement. |
|
||||||
|
|
||||||
5.3.4. COMPATIBILITY WITH THE GNU GPL |
|
||||||
|
|
||||||
The Licensee can include a code that is subject to the provisions of one of |
The Licensee who develops a Contribution is the owner of the |
||||||
the versions of the GNU GPL in the Modified or unmodified Software, and distribute |
intellectual property rights over this Contribution as defined by |
||||||
that entire code under the terms of the same version of the GNU GPL. |
applicable law. |
||||||
|
|
||||||
The Licensee can include the Modified or unmodified Software in a code that |
|
||||||
is subject to the provisions of one of the versions of the GNU GPL, and distribute |
|
||||||
that entire code under the terms of the same version of the GNU GPL. |
|
||||||
|
|
||||||
Article 6 - INTELLECTUAL PROPERTY |
6.3 OVER THE EXTERNAL MODULES |
||||||
|
|
||||||
6.1 OVER THE INITIAL SOFTWARE |
The Licensee who develops an External Module is the owner of the |
||||||
|
intellectual property rights over this External Module as defined by |
||||||
|
applicable law and is free to choose the type of agreement that shall |
||||||
|
govern its distribution. |
||||||
|
|
||||||
The Holder owns the economic rights over the Initial Software. Any or all |
|
||||||
use of the Initial Software is subject to compliance with the terms and conditions |
|
||||||
under which the Holder has elected to distribute its work and no one shall |
|
||||||
be entitled to modify the terms and conditions for the distribution of said |
|
||||||
Initial Software. |
|
||||||
|
|
||||||
The Holder undertakes that the Initial Software will remain ruled at least |
6.4 JOINT PROVISIONS |
||||||
by this Agreement, for the duration set forth in Article 4.2. |
|
||||||
|
|
||||||
6.2 OVER THE CONTRIBUTIONS |
The Licensee expressly undertakes: |
||||||
|
|
||||||
|
1. not to remove, or modify, in any manner, the intellectual property |
||||||
|
notices attached to the Software; |
||||||
|
|
||||||
|
2. to reproduce said notices, in an identical manner, in the copies |
||||||
|
of the Software modified or not. |
||||||
|
|
||||||
|
The Licensee undertakes not to directly or indirectly infringe the |
||||||
|
intellectual property rights of the Holder and/or Contributors on the |
||||||
|
Software and to take, where applicable, vis-à-vis its staff, any and all |
||||||
|
measures required to ensure respect of said intellectual property rights |
||||||
|
of the Holder and/or Contributors. |
||||||
|
|
||||||
|
|
||||||
|
Article 7 - RELATED SERVICES |
||||||
|
|
||||||
|
7.1 Under no circumstances shall the Agreement oblige the Licensor to |
||||||
|
provide technical assistance or maintenance services for the Software. |
||||||
|
|
||||||
|
However, the Licensor is entitled to offer this type of services. The |
||||||
|
terms and conditions of such technical assistance, and/or such |
||||||
|
maintenance, shall be set forth in a separate instrument. Only the |
||||||
|
Licensor offering said maintenance and/or technical assistance services |
||||||
|
shall incur liability therefor. |
||||||
|
|
||||||
|
7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
||||||
|
its sole responsibility, a warranty, that shall only be binding upon |
||||||
|
itself, for the redistribution of the Software and/or the Modified |
||||||
|
Software, under terms and conditions that it is free to decide. Said |
||||||
|
warranty, and the financial terms and conditions of its application, |
||||||
|
shall be subject of a separate instrument executed between the Licensor |
||||||
|
and the Licensee. |
||||||
|
|
||||||
|
|
||||||
|
Article 8 - LIABILITY |
||||||
|
|
||||||
|
8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
||||||
|
entitled to claim compensation for any direct loss it may have suffered |
||||||
|
from the Software as a result of a fault on the part of the relevant |
||||||
|
Licensor, subject to providing evidence thereof. |
||||||
|
|
||||||
|
8.2 The Licensor's liability is limited to the commitments made under |
||||||
|
this Agreement and shall not be incurred as a result of in particular: |
||||||
|
(i) loss due the Licensee's total or partial failure to fulfill its |
||||||
|
obligations, (ii) direct or consequential loss that is suffered by the |
||||||
|
Licensee due to the use or performance of the Software, and (iii) more |
||||||
|
generally, any consequential loss. In particular the Parties expressly |
||||||
|
agree that any or all pecuniary or business loss (i.e. loss of data, |
||||||
|
loss of profits, operating loss, loss of customers or orders, |
||||||
|
opportunity cost, any disturbance to business activities) or any or all |
||||||
|
legal proceedings instituted against the Licensee by a third party, |
||||||
|
shall constitute consequential loss and shall not provide entitlement to |
||||||
|
any or all compensation from the Licensor. |
||||||
|
|
||||||
|
|
||||||
|
Article 9 - WARRANTY |
||||||
|
|
||||||
|
9.1 The Licensee acknowledges that the scientific and technical |
||||||
|
state-of-the-art when the Software was distributed did not enable all |
||||||
|
possible uses to be tested and verified, nor for the presence of |
||||||
|
possible defects to be detected. In this respect, the Licensee's |
||||||
|
attention has been drawn to the risks associated with loading, using, |
||||||
|
modifying and/or developing and reproducing the Software which are |
||||||
|
reserved for experienced users. |
||||||
|
|
||||||
|
The Licensee shall be responsible for verifying, by any or all means, |
||||||
|
the suitability of the product for its requirements, its good working |
||||||
|
order, and for ensuring that it shall not cause damage to either persons |
||||||
|
or properties. |
||||||
|
|
||||||
|
9.2 The Licensor hereby represents, in good faith, that it is entitled |
||||||
|
to grant all the rights over the Software (including in particular the |
||||||
|
rights set forth in Article 5). |
||||||
|
|
||||||
|
9.3 The Licensee acknowledges that the Software is supplied "as is" by |
||||||
|
the Licensor without any other express or tacit warranty, other than |
||||||
|
that provided for in Article 9.2 and, in particular, without any warranty |
||||||
|
as to its commercial value, its secured, safe, innovative or relevant |
||||||
|
nature. |
||||||
|
|
||||||
|
Specifically, the Licensor does not warrant that the Software is free |
||||||
|
from any error, that it will operate without interruption, that it will |
||||||
|
be compatible with the Licensee's own equipment and software |
||||||
|
configuration, nor that it will meet the Licensee's requirements. |
||||||
|
|
||||||
|
9.4 The Licensor does not either expressly or tacitly warrant that the |
||||||
|
Software does not infringe any third party intellectual property right |
||||||
|
relating to a patent, software or any other property right. Therefore, |
||||||
|
the Licensor disclaims any and all liability towards the Licensee |
||||||
|
arising out of any or all proceedings for infringement that may be |
||||||
|
instituted in respect of the use, modification and redistribution of the |
||||||
|
Software. Nevertheless, should such proceedings be instituted against |
||||||
|
the Licensee, the Licensor shall provide it with technical and legal |
||||||
|
assistance for its defense. Such technical and legal assistance shall be |
||||||
|
decided on a case-by-case basis between the relevant Licensor and the |
||||||
|
Licensee pursuant to a memorandum of understanding. The Licensor |
||||||
|
disclaims any and all liability as regards the Licensee's use of the |
||||||
|
name of the Software. No warranty is given as regards the existence of |
||||||
|
prior rights over the name of the Software or as regards the existence |
||||||
|
of a trademark. |
||||||
|
|
||||||
|
|
||||||
|
Article 10 - TERMINATION |
||||||
|
|
||||||
|
10.1 In the event of a breach by the Licensee of its obligations |
||||||
|
hereunder, the Licensor may automatically terminate this Agreement |
||||||
|
thirty (30) days after notice has been sent to the Licensee and has |
||||||
|
remained ineffective. |
||||||
|
|
||||||
|
10.2 A Licensee whose Agreement is terminated shall no longer be |
||||||
|
authorized to use, modify or distribute the Software. However, any |
||||||
|
licenses that it may have granted prior to termination of the Agreement |
||||||
|
shall remain valid subject to their having been granted in compliance |
||||||
|
with the terms and conditions hereof. |
||||||
|
|
||||||
|
|
||||||
|
Article 11 - MISCELLANEOUS |
||||||
|
|
||||||
The Licensee who develops a Contribution is the owner of the intellectual |
|
||||||
property rights over this Contribution as defined by applicable law. |
|
||||||
|
|
||||||
6.3 OVER THE EXTERNAL MODULES |
11.1 EXCUSABLE EVENTS |
||||||
|
|
||||||
The Licensee who develops an External Module is the owner of the intellectual |
Neither Party shall be liable for any or all delay, or failure to |
||||||
property rights over this External Module as defined by applicable law and |
perform the Agreement, that may be attributable to an event of force |
||||||
is free to choose the type of agreement that shall govern its distribution. |
majeure, an act of God or an outside cause, such as defective |
||||||
|
functioning or interruptions of the electricity or telecommunications |
||||||
|
networks, network paralysis following a virus attack, intervention by |
||||||
|
government authorities, natural disasters, water damage, earthquakes, |
||||||
|
fire, explosions, strikes and labor unrest, war, etc. |
||||||
|
|
||||||
|
11.2 Any failure by either Party, on one or more occasions, to invoke |
||||||
|
one or more of the provisions hereof, shall under no circumstances be |
||||||
|
interpreted as being a waiver by the interested Party of its right to |
||||||
|
invoke said provision(s) subsequently. |
||||||
|
|
||||||
|
11.3 The Agreement cancels and replaces any or all previous agreements, |
||||||
|
whether written or oral, between the Parties and having the same |
||||||
|
purpose, and constitutes the entirety of the agreement between said |
||||||
|
Parties concerning said purpose. No supplement or modification to the |
||||||
|
terms and conditions hereof shall be effective as between the Parties |
||||||
|
unless it is made in writing and signed by their duly authorized |
||||||
|
representatives. |
||||||
|
|
||||||
|
11.4 In the event that one or more of the provisions hereof were to |
||||||
|
conflict with a current or future applicable act or legislative text, |
||||||
|
said act or legislative text shall prevail, and the Parties shall make |
||||||
|
the necessary amendments so as to comply with said act or legislative |
||||||
|
text. All other provisions shall remain effective. Similarly, invalidity |
||||||
|
of a provision of the Agreement, for any reason whatsoever, shall not |
||||||
|
cause the Agreement as a whole to be invalid. |
||||||
|
|
||||||
6.4 JOINT PROVISIONS |
|
||||||
|
|
||||||
The Licensee expressly undertakes: |
11.5 LANGUAGE |
||||||
|
|
||||||
1. not to remove, or modify, in any manner, the intellectual property notices |
|
||||||
attached to the Software; |
|
||||||
|
|
||||||
2. to reproduce said notices, in an identical manner, in the copies of the |
|
||||||
Software modified or not. |
|
||||||
|
|
||||||
The Licensee undertakes not to directly or indirectly infringe the intellectual |
|
||||||
property rights of the Holder and/or Contributors on the Software and to take, |
|
||||||
where applicable, vis-à-vis its staff, any and all measures required to ensure |
|
||||||
respect of said intellectual property rights of the Holder and/or Contributors. |
|
||||||
|
|
||||||
Article 7 - RELATED SERVICES |
|
||||||
|
|
||||||
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide |
|
||||||
technical assistance or maintenance services for the Software. |
|
||||||
|
|
||||||
However, the Licensor is entitled to offer this type of services. The terms |
|
||||||
and conditions of such technical assistance, and/or such maintenance, shall |
|
||||||
be set forth in a separate instrument. Only the Licensor offering said maintenance |
|
||||||
and/or technical assistance services shall incur liability therefor. |
|
||||||
|
|
||||||
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its |
|
||||||
sole responsibility, a warranty, that shall only be binding upon itself, for |
|
||||||
the redistribution of the Software and/or the Modified Software, under terms |
|
||||||
and conditions that it is free to decide. Said warranty, and the financial |
|
||||||
terms and conditions of its application, shall be subject of a separate instrument |
|
||||||
executed between the Licensor and the Licensee. |
|
||||||
|
|
||||||
Article 8 - LIABILITY |
|
||||||
|
|
||||||
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled |
|
||||||
to claim compensation for any direct loss it may have suffered from the Software |
|
||||||
as a result of a fault on the part of the relevant Licensor, subject to providing |
|
||||||
evidence thereof. |
|
||||||
|
|
||||||
8.2 The Licensor's liability is limited to the commitments made under this |
|
||||||
Agreement and shall not be incurred as a result of in particular: (i) loss |
|
||||||
due the Licensee's total or partial failure to fulfill its obligations, (ii) |
|
||||||
direct or consequential loss that is suffered by the Licensee due to the use |
|
||||||
or performance of the Software, and (iii) more generally, any consequential |
|
||||||
loss. In particular the Parties expressly agree that any or all pecuniary |
|
||||||
or business loss (i.e. loss of data, loss of profits, operating loss, loss |
|
||||||
of customers or orders, opportunity cost, any disturbance to business activities) |
|
||||||
or any or all legal proceedings instituted against the Licensee by a third |
|
||||||
party, shall constitute consequential loss and shall not provide entitlement |
|
||||||
to any or all compensation from the Licensor. |
|
||||||
|
|
||||||
Article 9 - WARRANTY |
|
||||||
|
|
||||||
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art |
|
||||||
when the Software was distributed did not enable all possible uses to be tested |
|
||||||
and verified, nor for the presence of possible defects to be detected. In |
|
||||||
this respect, the Licensee's attention has been drawn to the risks associated |
|
||||||
with loading, using, modifying and/or developing and reproducing the Software |
|
||||||
which are reserved for experienced users. |
|
||||||
|
|
||||||
The Licensee shall be responsible for verifying, by any or all means, the |
|
||||||
suitability of the product for its requirements, its good working order, and |
|
||||||
for ensuring that it shall not cause damage to either persons or properties. |
|
||||||
|
|
||||||
9.2 The Licensor hereby represents, in good faith, that it is entitled to |
|
||||||
grant all the rights over the Software (including in particular the rights |
|
||||||
set forth in Article 5). |
|
||||||
|
|
||||||
9.3 The Licensee acknowledges that the Software is supplied "as is" by the |
|
||||||
Licensor without any other express or tacit warranty, other than that provided |
|
||||||
for in Article 9.2 and, in particular, without any warranty as to its commercial |
|
||||||
value, its secured, safe, innovative or relevant nature. |
|
||||||
|
|
||||||
Specifically, the Licensor does not warrant that the Software is free from |
|
||||||
any error, that it will operate without interruption, that it will be compatible |
|
||||||
with the Licensee's own equipment and software configuration, nor that it |
|
||||||
will meet the Licensee's requirements. |
|
||||||
|
|
||||||
9.4 The Licensor does not either expressly or tacitly warrant that the Software |
|
||||||
does not infringe any third party intellectual property right relating to |
|
||||||
a patent, software or any other property right. Therefore, the Licensor disclaims |
|
||||||
any and all liability towards the Licensee arising out of any or all proceedings |
|
||||||
for infringement that may be instituted in respect of the use, modification |
|
||||||
and redistribution of the Software. Nevertheless, should such proceedings |
|
||||||
be instituted against the Licensee, the Licensor shall provide it with technical |
|
||||||
and legal assistance for its defense. Such technical and legal assistance |
|
||||||
shall be decided on a case-by-case basis between the relevant Licensor and |
|
||||||
the Licensee pursuant to a memorandum of understanding. The Licensor disclaims |
|
||||||
any and all liability as regards the Licensee's use of the name of the Software. |
|
||||||
No warranty is given as regards the existence of prior rights over the name |
|
||||||
of the Software or as regards the existence of a trademark. |
|
||||||
|
|
||||||
Article 10 - TERMINATION |
|
||||||
|
|
||||||
10.1 In the event of a breach by the Licensee of its obligations hereunder, |
|
||||||
the Licensor may automatically terminate this Agreement thirty (30) days after |
|
||||||
notice has been sent to the Licensee and has remained ineffective. |
|
||||||
|
|
||||||
10.2 A Licensee whose Agreement is terminated shall no longer be authorized |
|
||||||
to use, modify or distribute the Software. However, any licenses that it may |
|
||||||
have granted prior to termination of the Agreement shall remain valid subject |
|
||||||
to their having been granted in compliance with the terms and conditions hereof. |
|
||||||
|
|
||||||
Article 11 - MISCELLANEOUS |
|
||||||
|
|
||||||
11.1 EXCUSABLE EVENTS |
The Agreement is drafted in both French and English and both versions |
||||||
|
are deemed authentic. |
||||||
|
|
||||||
Neither Party shall be liable for any or all delay, or failure to perform |
|
||||||
the Agreement, that may be attributable to an event of force majeure, an act |
|
||||||
of God or an outside cause, such as defective functioning or interruptions |
|
||||||
of the electricity or telecommunications networks, network paralysis following |
|
||||||
a virus attack, intervention by government authorities, natural disasters, |
|
||||||
water damage, earthquakes, fire, explosions, strikes and labor unrest, war, |
|
||||||
etc. |
|
||||||
|
|
||||||
11.2 Any failure by either Party, on one or more occasions, to invoke one |
|
||||||
or more of the provisions hereof, shall under no circumstances be interpreted |
|
||||||
as being a waiver by the interested Party of its right to invoke said provision(s) |
|
||||||
subsequently. |
|
||||||
|
|
||||||
11.3 The Agreement cancels and replaces any or all previous agreements, whether |
|
||||||
written or oral, between the Parties and having the same purpose, and constitutes |
|
||||||
the entirety of the agreement between said Parties concerning said purpose. |
|
||||||
No supplement or modification to the terms and conditions hereof shall be |
|
||||||
effective as between the Parties unless it is made in writing and signed by |
|
||||||
their duly authorized representatives. |
|
||||||
|
|
||||||
11.4 In the event that one or more of the provisions hereof were to conflict |
|
||||||
with a current or future applicable act or legislative text, said act or legislative |
|
||||||
text shall prevail, and the Parties shall make the necessary amendments so |
|
||||||
as to comply with said act or legislative text. All other provisions shall |
|
||||||
remain effective. Similarly, invalidity of a provision of the Agreement, for |
|
||||||
any reason whatsoever, shall not cause the Agreement as a whole to be invalid. |
|
||||||
|
|
||||||
11.5 LANGUAGE |
Article 12 - NEW VERSIONS OF THE AGREEMENT |
||||||
|
|
||||||
The Agreement is drafted in both French and English and both versions are |
12.1 Any person is authorized to duplicate and distribute copies of this |
||||||
deemed authentic. |
Agreement. |
||||||
|
|
||||||
Article 12 - NEW VERSIONS OF THE AGREEMENT |
12.2 So as to ensure coherence, the wording of this Agreement is |
||||||
|
protected and may only be modified by the authors of the License, who |
||||||
|
reserve the right to periodically publish updates or new versions of the |
||||||
|
Agreement, each with a separate number. These subsequent versions may |
||||||
|
address new issues encountered by Free Software. |
||||||
|
|
||||||
12.1 Any person is authorized to duplicate and distribute copies of this Agreement. |
12.3 Any Software distributed under a given version of the Agreement may |
||||||
|
only be subsequently distributed under the same version of the Agreement |
||||||
|
or a subsequent version, subject to the provisions of Article 5.3.4. |
||||||
|
|
||||||
12.2 So as to ensure coherence, the wording of this Agreement is protected |
|
||||||
and may only be modified by the authors of the License, who reserve the right |
|
||||||
to periodically publish updates or new versions of the Agreement, each with |
|
||||||
a separate number. These subsequent versions may address new issues encountered |
|
||||||
by Free Software. |
|
||||||
|
|
||||||
12.3 Any Software distributed under a given version of the Agreement may only |
Article 13 - GOVERNING LAW AND JURISDICTION |
||||||
be subsequently distributed under the same version of the Agreement or a subsequent |
|
||||||
version, subject to the provisions of Article 5.3.4. |
|
||||||
|
|
||||||
Article 13 - GOVERNING LAW AND JURISDICTION |
13.1 The Agreement is governed by French law. The Parties agree to |
||||||
|
endeavor to seek an amicable solution to any disagreements or disputes |
||||||
|
that may arise during the performance of the Agreement. |
||||||
|
|
||||||
13.1 The Agreement is governed by French law. The Parties agree to endeavor |
13.2 Failing an amicable solution within two (2) months as from their |
||||||
to seek an amicable solution to any disagreements or disputes that may arise |
occurrence, and unless emergency proceedings are necessary, the |
||||||
during the performance of the Agreement. |
disagreements or disputes shall be referred to the Paris Courts having |
||||||
|
jurisdiction, by the more diligent Party. |
||||||
|
|
||||||
13.2 Failing an amicable solution within two (2) months as from their occurrence, |
|
||||||
and unless emergency proceedings are necessary, the disagreements or disputes |
|
||||||
shall be referred to the Paris Courts having jurisdiction, by the more diligent |
|
||||||
Party. |
|
||||||
|
|
||||||
Version 2.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) |
Version 2.0 dated 2006-09-05. |
||||||
L(ibre) |
|
||||||
|
@ -1,493 +1,518 @@ |
|||||||
CeCILL FREE SOFTWARE LICENSE AGREEMENT |
|
||||||
|
|
||||||
Version 2.1 dated 2013-06-21 Notice |
CeCILL FREE SOFTWARE LICENSE AGREEMENT |
||||||
|
|
||||||
This Agreement is a Free Software license agreement that is the result of |
Version 2.1 dated 2013-06-21 |
||||||
discussions between its authors in order to ensure compliance with the two |
|
||||||
main principles guiding its drafting: |
|
||||||
|
|
||||||
* firstly, compliance with the principles governing the distribution of Free |
|
||||||
Software: access to source code, broad rights granted to users, |
|
||||||
|
|
||||||
* secondly, the election of a governing law, French law, with which it is |
Notice |
||||||
conformant, both as regards the law of torts and intellectual property law, |
|
||||||
and the protection that it offers to both authors and holders of the economic |
|
||||||
rights over software. |
|
||||||
|
|
||||||
The authors of the CeCILL¹ license are: |
This Agreement is a Free Software license agreement that is the result |
||||||
|
of discussions between its authors in order to ensure compliance with |
||||||
|
the two main principles guiding its drafting: |
||||||
|
|
||||||
|
* firstly, compliance with the principles governing the distribution |
||||||
|
of Free Software: access to source code, broad rights granted to users, |
||||||
|
* secondly, the election of a governing law, French law, with which it |
||||||
|
is conformant, both as regards the law of torts and intellectual |
||||||
|
property law, and the protection that it offers to both authors and |
||||||
|
holders of the economic rights over software. |
||||||
|
|
||||||
|
The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) |
||||||
|
license are: |
||||||
|
|
||||||
Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a public |
Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a |
||||||
scientific, technical and industrial research establishment, having its principal |
public scientific, technical and industrial research establishment, |
||||||
place of business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
having its principal place of business at 25 rue Leblanc, immeuble Le |
||||||
|
Ponant D, 75015 Paris, France. |
||||||
|
|
||||||
|
Centre National de la Recherche Scientifique - CNRS, a public scientific |
||||||
|
and technological establishment, having its principal place of business |
||||||
|
at 3 rue Michel-Ange, 75794 Paris cedex 16, France. |
||||||
|
|
||||||
|
Institut National de Recherche en Informatique et en Automatique - |
||||||
|
Inria, a public scientific and technological establishment, having its |
||||||
|
principal place of business at Domaine de Voluceau, Rocquencourt, BP |
||||||
|
105, 78153 Le Chesnay cedex, France. |
||||||
|
|
||||||
Centre National de la Recherche Scientifique - CNRS, a public scientific and |
|
||||||
technological establishment, having its principal place of business at 3 rue |
|
||||||
Michel-Ange, 75794 Paris cedex 16, France. |
|
||||||
|
|
||||||
|
Preamble |
||||||
|
|
||||||
|
The purpose of this Free Software license agreement is to grant users |
||||||
|
the right to modify and redistribute the software governed by this |
||||||
|
license within the framework of an open source distribution model. |
||||||
|
|
||||||
Institut National de Recherche en Informatique et en Automatique - Inria, |
The exercising of this right is conditional upon certain obligations for |
||||||
a public scientific and technological establishment, having its principal |
users so as to preserve this status for all subsequent redistributions. |
||||||
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay |
|
||||||
cedex, France. |
|
||||||
|
|
||||||
Preamble The purpose of this Free Software license agreement is to grant users |
In consideration of access to the source code and the rights to copy, |
||||||
the right to modify and redistribute the software governed by this license |
modify and redistribute granted by the license, users are provided only |
||||||
within the framework of an open source distribution model. |
with a limited warranty and the software's author, the holder of the |
||||||
|
economic rights, and the successive licensors only have limited liability. |
||||||
|
|
||||||
The exercising of this right is conditional upon certain obligations for users |
In this respect, the risks associated with loading, using, modifying |
||||||
so as to preserve this status for all subsequent redistributions. |
and/or developing or reproducing the software by the user are brought to |
||||||
|
the user's attention, given its Free Software status, which may make it |
||||||
|
complicated to use, with the result that its use is reserved for |
||||||
|
developers and experienced professionals having in-depth computer |
||||||
|
knowledge. Users are therefore encouraged to load and test the |
||||||
|
suitability of the software as regards their requirements in conditions |
||||||
|
enabling the security of their systems and/or data to be ensured and, |
||||||
|
more generally, to use and operate it in the same conditions of |
||||||
|
security. This Agreement may be freely reproduced and published, |
||||||
|
provided it is not altered, and that no provisions are either added or |
||||||
|
removed herefrom. |
||||||
|
|
||||||
In consideration of access to the source code and the rights to copy, modify |
This Agreement may apply to any or all software for which the holder of |
||||||
and redistribute granted by the license, users are provided only with a limited |
the economic rights decides to submit the use thereof to its provisions. |
||||||
warranty and the software's author, the holder of the economic rights, and |
|
||||||
the successive licensors only have limited liability. |
|
||||||
|
|
||||||
In this respect, the risks associated with loading, using, modifying and/or |
Frequently asked questions can be found on the official website of the |
||||||
developing or reproducing the software by the user are brought to the user's |
CeCILL licenses family (http://www.cecill.info/index.en.html) for any |
||||||
attention, given its Free Software status, which may make it complicated to |
necessary clarification. |
||||||
use, with the result that its use is reserved for developers and experienced |
|
||||||
professionals having in-depth computer knowledge. Users are therefore encouraged |
|
||||||
to load and test the suitability of the software as regards their requirements |
|
||||||
in conditions enabling the security of their systems and/or data to be ensured |
|
||||||
and, more generally, to use and operate it in the same conditions of security. |
|
||||||
This Agreement may be freely reproduced and published, provided it is not |
|
||||||
altered, and that no provisions are either added or removed herefrom. |
|
||||||
|
|
||||||
This Agreement may apply to any or all software for which the holder of the |
|
||||||
economic rights decides to submit the use thereof to its provisions. |
|
||||||
|
|
||||||
Frequently asked questions can be found on the official website of the CeCILL |
Article 1 - DEFINITIONS |
||||||
licenses family (http://www.cecill.info/index.en.html) for any necessary clarification. |
|
||||||
|
|
||||||
Article 1 - DEFINITIONS |
For the purpose of this Agreement, when the following expressions |
||||||
|
commence with a capital letter, they shall have the following meaning: |
||||||
|
|
||||||
For the purpose of this Agreement, when the following expressions commence |
Agreement: means this license agreement, and its possible subsequent |
||||||
with a capital letter, they shall have the following meaning: |
versions and annexes. |
||||||
|
|
||||||
|
Software: means the software in its Object Code and/or Source Code form |
||||||
|
and, where applicable, its documentation, "as is" when the Licensee |
||||||
|
accepts the Agreement. |
||||||
|
|
||||||
|
Initial Software: means the Software in its Source Code and possibly its |
||||||
|
Object Code form and, where applicable, its documentation, "as is" when |
||||||
|
it is first distributed under the terms and conditions of the Agreement. |
||||||
|
|
||||||
Agreement: means this license agreement, and its possible subsequent versions |
Modified Software: means the Software modified by at least one |
||||||
and annexes. |
Contribution. |
||||||
|
|
||||||
|
Source Code: means all the Software's instructions and program lines to |
||||||
|
which access is required so as to modify the Software. |
||||||
|
|
||||||
|
Object Code: means the binary files originating from the compilation of |
||||||
|
the Source Code. |
||||||
|
|
||||||
Software: means the software in its Object Code and/or Source Code form and, |
Holder: means the holder(s) of the economic rights over the Initial |
||||||
where applicable, its documentation, "as is" when the Licensee accepts the |
Software. |
||||||
Agreement. |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
Initial Software: means the Software in its Source Code and possibly its Object |
|
||||||
Code form and, where applicable, its documentation, "as is" when it is first |
|
||||||
distributed under the terms and conditions of the Agreement. |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
Modified Software: means the Software modified by at least one Contribution. |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
Source Code: means all the Software's instructions and program lines to which |
|
||||||
access is required so as to modify the Software. |
|
||||||
|
|
||||||
|
|
||||||
|
Licensee: means the Software user(s) having accepted the Agreement. |
||||||
|
|
||||||
Object Code: means the binary files originating from the compilation of the |
Contributor: means a Licensee having made at least one Contribution. |
||||||
Source Code. |
|
||||||
|
|
||||||
|
Licensor: means the Holder, or any other individual or legal entity, who |
||||||
|
distributes the Software under the Agreement. |
||||||
|
|
||||||
|
Contribution: means any or all modifications, corrections, translations, |
||||||
|
adaptations and/or new functions integrated into the Software by any or |
||||||
|
all Contributors, as well as any or all Internal Modules. |
||||||
|
|
||||||
Holder: means the holder(s) of the economic rights over the Initial Software. |
Module: means a set of sources files including their documentation that |
||||||
|
enables supplementary functions or services in addition to those offered |
||||||
|
by the Software. |
||||||
|
|
||||||
|
External Module: means any or all Modules, not derived from the |
||||||
|
Software, so that this Module and the Software run in separate address |
||||||
|
spaces, with one calling the other when they are run. |
||||||
|
|
||||||
|
Internal Module: means any or all Module, connected to the Software so |
||||||
|
that they both execute in the same address space. |
||||||
|
|
||||||
Licensee: means the Software user(s) having accepted the Agreement. |
GNU GPL: means the GNU General Public License version 2 or any |
||||||
|
subsequent version, as published by the Free Software Foundation Inc. |
||||||
|
|
||||||
|
|
||||||
Contributor: means a Licensee having made at least one Contribution. |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
Licensor: means the Holder, or any other individual or legal entity, who distributes |
GNU Affero GPL: means the GNU Affero General Public License version 3 or |
||||||
the Software under the Agreement. |
any subsequent version, as published by the Free Software Foundation Inc. |
||||||
|
|
||||||
|
EUPL: means the European Union Public License version 1.1 or any |
||||||
|
subsequent version, as published by the European Commission. |
||||||
|
|
||||||
|
Parties: mean both the Licensee and the Licensor. |
||||||
|
|
||||||
Contribution: means any or all modifications, corrections, translations, adaptations |
These expressions may be used both in singular and plural form. |
||||||
and/or new functions integrated into the Software by any or all Contributors, |
|
||||||
as well as any or all Internal Modules. |
|
||||||
|
|
||||||
|
|
||||||
|
Article 2 - PURPOSE |
||||||
|
|
||||||
Module: means a set of sources files including their documentation that enables |
The purpose of the Agreement is the grant by the Licensor to the |
||||||
supplementary functions or services in addition to those offered by the Software. |
Licensee of a non-exclusive, transferable and worldwide license for the |
||||||
|
Software as set forth in Article 5 <#scope> hereinafter for the whole |
||||||
|
term of the protection granted by the rights over said Software. |
||||||
|
|
||||||
|
|
||||||
|
Article 3 - ACCEPTANCE |
||||||
|
|
||||||
External Module: means any or all Modules, not derived from the Software, |
3.1 The Licensee shall be deemed as having accepted the terms and |
||||||
so that this Module and the Software run in separate address spaces, with |
conditions of this Agreement upon the occurrence of the first of the |
||||||
one calling the other when they are run. |
following events: |
||||||
|
|
||||||
|
* (i) loading the Software by any or all means, notably, by |
||||||
|
downloading from a remote server, or by loading from a physical medium; |
||||||
|
* (ii) the first time the Licensee exercises any of the rights granted |
||||||
|
hereunder. |
||||||
|
|
||||||
|
3.2 One copy of the Agreement, containing a notice relating to the |
||||||
|
characteristics of the Software, to the limited warranty, and to the |
||||||
|
fact that its use is restricted to experienced users has been provided |
||||||
|
to the Licensee prior to its acceptance as set forth in Article 3.1 |
||||||
|
<#accepting> hereinabove, and the Licensee hereby acknowledges that it |
||||||
|
has read and understood it. |
||||||
|
|
||||||
Internal Module: means any or all Module, connected to the Software so that |
|
||||||
they both execute in the same address space. |
|
||||||
|
|
||||||
|
Article 4 - EFFECTIVE DATE AND TERM |
||||||
|
|
||||||
|
|
||||||
GNU GPL: means the GNU General Public License version 2 or any subsequent |
4.1 EFFECTIVE DATE |
||||||
version, as published by the Free Software Foundation Inc. |
|
||||||
|
|
||||||
|
The Agreement shall become effective on the date when it is accepted by |
||||||
|
the Licensee as set forth in Article 3.1 <#accepting>. |
||||||
|
|
||||||
|
|
||||||
GNU Affero GPL: means the GNU Affero General Public License version 3 or any |
4.2 TERM |
||||||
subsequent version, as published by the Free Software Foundation Inc. |
|
||||||
|
|
||||||
|
|
||||||
|
The Agreement shall remain in force for the entire legal term of |
||||||
|
protection of the economic rights over the Software. |
||||||
|
|
||||||
EUPL: means the European Union Public License version 1.1 or any subsequent |
|
||||||
version, as published by the European Commission. |
|
||||||
|
|
||||||
|
Article 5 - SCOPE OF RIGHTS GRANTED |
||||||
|
|
||||||
|
The Licensor hereby grants to the Licensee, who accepts, the following |
||||||
|
rights over the Software for any or all use, and for the term of the |
||||||
|
Agreement, on the basis of the terms and conditions set forth hereinafter. |
||||||
|
|
||||||
Parties: mean both the Licensee and the Licensor. |
Besides, if the Licensor owns or comes to own one or more patents |
||||||
|
protecting all or part of the functions of the Software or of its |
||||||
|
components, the Licensor undertakes not to enforce the rights granted by |
||||||
|
these patents against successive Licensees using, exploiting or |
||||||
|
modifying the Software. If these patents are transferred, the Licensor |
||||||
|
undertakes to have the transferees subscribe to the obligations set |
||||||
|
forth in this paragraph. |
||||||
|
|
||||||
These expressions may be used both in singular and plural form. |
|
||||||
|
|
||||||
Article 2 - PURPOSE |
5.1 RIGHT OF USE |
||||||
|
|
||||||
The purpose of the Agreement is the grant by the Licensor to the Licensee |
The Licensee is authorized to use the Software, without any limitation |
||||||
of a non-exclusive, transferable and worldwide license for the Software as |
as to its fields of application, with it being hereinafter specified |
||||||
set forth in Article 5 <#scope> hereinafter for the whole term of the protection |
that this comprises: |
||||||
granted by the rights over said Software. |
|
||||||
|
|
||||||
Article 3 - ACCEPTANCE |
1. permanent or temporary reproduction of all or part of the Software |
||||||
|
by any or all means and in any or all form. |
||||||
|
|
||||||
3.1 The Licensee shall be deemed as having accepted the terms and conditions |
2. loading, displaying, running, or storing the Software on any or all |
||||||
of this Agreement upon the occurrence of the first of the following events: |
medium. |
||||||
|
|
||||||
(i) loading the Software by any or all means, notably, by downloading from |
3. entitlement to observe, study or test its operation so as to |
||||||
a remote server, or by loading from a physical medium; |
determine the ideas and principles behind any or all constituent |
||||||
|
elements of said Software. This shall apply when the Licensee |
||||||
|
carries out any or all loading, displaying, running, transmission or |
||||||
|
storage operation as regards the Software, that it is entitled to |
||||||
|
carry out hereunder. |
||||||
|
|
||||||
(ii) the first time the Licensee exercises any of the rights granted hereunder. |
|
||||||
|
|
||||||
3.2 One copy of the Agreement, containing a notice relating to the characteristics |
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
||||||
of the Software, to the limited warranty, and to the fact that its use is |
|
||||||
restricted to experienced users has been provided to the Licensee prior to |
|
||||||
its acceptance as set forth in Article 3.1 <#accepting> hereinabove, and the |
|
||||||
Licensee hereby acknowledges that it has read and understood it. |
|
||||||
|
|
||||||
Article 4 - EFFECTIVE DATE AND TERM |
The right to make Contributions includes the right to translate, adapt, |
||||||
|
arrange, or make any or all modifications to the Software, and the right |
||||||
|
to reproduce the resulting software. |
||||||
|
|
||||||
4.1 EFFECTIVE DATE |
The Licensee is authorized to make any or all Contributions to the |
||||||
|
Software provided that it includes an explicit notice that it is the |
||||||
|
author of said Contribution and indicates the date of the creation thereof. |
||||||
|
|
||||||
The Agreement shall become effective on the date when it is accepted by the |
|
||||||
Licensee as set forth in Article 3.1 <#accepting> . |
|
||||||
|
|
||||||
4.2 TERM |
5.3 RIGHT OF DISTRIBUTION |
||||||
|
|
||||||
The Agreement shall remain in force for the entire legal term of protection |
In particular, the right of distribution includes the right to publish, |
||||||
of the economic rights over the Software. |
transmit and communicate the Software to the general public on any or |
||||||
|
all medium, and by any or all means, and the right to market, either in |
||||||
|
consideration of a fee, or free of charge, one or more copies of the |
||||||
|
Software by any means. |
||||||
|
|
||||||
Article 5 - SCOPE OF RIGHTS GRANTED |
The Licensee is further authorized to distribute copies of the modified |
||||||
|
or unmodified Software to third parties according to the terms and |
||||||
|
conditions set forth hereinafter. |
||||||
|
|
||||||
The Licensor hereby grants to the Licensee, who accepts, the following rights |
|
||||||
over the Software for any or all use, and for the term of the Agreement, on |
|
||||||
the basis of the terms and conditions set forth hereinafter. |
|
||||||
|
|
||||||
Besides, if the Licensor owns or comes to own one or more patents protecting |
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||||
all or part of the functions of the Software or of its components, the Licensor |
|
||||||
undertakes not to enforce the rights granted by these patents against successive |
|
||||||
Licensees using, exploiting or modifying the Software. If these patents are |
|
||||||
transferred, the Licensor undertakes to have the transferees subscribe to |
|
||||||
the obligations set forth in this paragraph. |
|
||||||
|
|
||||||
5.1 RIGHT OF USE |
The Licensee is authorized to distribute true copies of the Software in |
||||||
|
Source Code or Object Code form, provided that said distribution |
||||||
|
complies with all the provisions of the Agreement and is accompanied by: |
||||||
|
|
||||||
The Licensee is authorized to use the Software, without any limitation as |
1. a copy of the Agreement, |
||||||
to its fields of application, with it being hereinafter specified that this |
|
||||||
comprises: |
|
||||||
|
|
||||||
1. permanent or temporary reproduction of all or part of the Software by any |
2. a notice relating to the limitation of both the Licensor's warranty |
||||||
or all means and in any or all form. |
and liability as set forth in Articles 8 and 9, |
||||||
|
|
||||||
2. loading, displaying, running, or storing the Software on any or all medium. |
and that, in the event that only the Object Code of the Software is |
||||||
|
redistributed, the Licensee allows effective access to the full Source |
||||||
|
Code of the Software for a period of at least three years from the |
||||||
|
distribution of the Software, it being understood that the additional |
||||||
|
acquisition cost of the Source Code shall not exceed the cost of the |
||||||
|
data transfer. |
||||||
|
|
||||||
3. entitlement to observe, study or test its operation so as to determine |
|
||||||
the ideas and principles behind any or all constituent elements of said Software. |
|
||||||
This shall apply when the Licensee carries out any or all loading, displaying, |
|
||||||
running, transmission or storage operation as regards the Software, that it |
|
||||||
is entitled to carry out hereunder. |
|
||||||
|
|
||||||
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
||||||
|
|
||||||
The right to make Contributions includes the right to translate, adapt, arrange, |
When the Licensee makes a Contribution to the Software, the terms and |
||||||
or make any or all modifications to the Software, and the right to reproduce |
conditions for the distribution of the resulting Modified Software |
||||||
the resulting software. |
become subject to all the provisions of this Agreement. |
||||||
|
|
||||||
The Licensee is authorized to make any or all Contributions to the Software |
The Licensee is authorized to distribute the Modified Software, in |
||||||
provided that it includes an explicit notice that it is the author of said |
source code or object code form, provided that said distribution |
||||||
Contribution and indicates the date of the creation thereof. |
complies with all the provisions of the Agreement and is accompanied by: |
||||||
|
|
||||||
5.3 RIGHT OF DISTRIBUTION |
1. a copy of the Agreement, |
||||||
|
|
||||||
In particular, the right of distribution includes the right to publish, transmit |
2. a notice relating to the limitation of both the Licensor's warranty |
||||||
and communicate the Software to the general public on any or all medium, and |
and liability as set forth in Articles 8 and 9, |
||||||
by any or all means, and the right to market, either in consideration of a |
|
||||||
fee, or free of charge, one or more copies of the Software by any means. |
|
||||||
|
|
||||||
The Licensee is further authorized to distribute copies of the modified or |
and, in the event that only the object code of the Modified Software is |
||||||
unmodified Software to third parties according to the terms and conditions |
redistributed, |
||||||
set forth hereinafter. |
|
||||||
|
|
||||||
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
3. a note stating the conditions of effective access to the full source |
||||||
|
code of the Modified Software for a period of at least three years |
||||||
|
from the distribution of the Modified Software, it being understood |
||||||
|
that the additional acquisition cost of the source code shall not |
||||||
|
exceed the cost of the data transfer. |
||||||
|
|
||||||
The Licensee is authorized to distribute true copies of the Software in Source |
|
||||||
Code or Object Code form, provided that said distribution complies with all |
|
||||||
the provisions of the Agreement and is accompanied by: |
|
||||||
|
|
||||||
1. a copy of the Agreement, |
5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
||||||
|
|
||||||
2. a notice relating to the limitation of both the Licensor's warranty and |
When the Licensee has developed an External Module, the terms and |
||||||
liability as set forth in Articles 8 and 9, |
conditions of this Agreement do not apply to said External Module, that |
||||||
|
may be distributed under a separate license agreement. |
||||||
|
|
||||||
and that, in the event that only the Object Code of the Software is redistributed, |
|
||||||
the Licensee allows effective access to the full Source Code of the Software |
|
||||||
for a period of at least three years from the distribution of the Software, |
|
||||||
it being understood that the additional acquisition cost of the Source Code |
|
||||||
shall not exceed the cost of the data transfer. |
|
||||||
|
|
||||||
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE |
5.3.4 COMPATIBILITY WITH OTHER LICENSES |
||||||
|
|
||||||
When the Licensee makes a Contribution to the Software, the terms and conditions |
The Licensee can include a code that is subject to the provisions of one |
||||||
for the distribution of the resulting Modified Software become subject to |
of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the |
||||||
all the provisions of this Agreement. |
Modified or unmodified Software, and distribute that entire code under |
||||||
|
the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL. |
||||||
|
|
||||||
The Licensee is authorized to distribute the Modified Software, in source |
The Licensee can include the Modified or unmodified Software in a code |
||||||
code or object code form, provided that said distribution complies with all |
that is subject to the provisions of one of the versions of the GNU GPL, |
||||||
the provisions of the Agreement and is accompanied by: |
GNU Affero GPL and/or EUPL and distribute that entire code under the |
||||||
|
terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL. |
||||||
|
|
||||||
1. a copy of the Agreement, |
|
||||||
|
|
||||||
2. a notice relating to the limitation of both the Licensor's warranty and |
Article 6 - INTELLECTUAL PROPERTY |
||||||
liability as set forth in Articles 8 and 9, |
|
||||||
|
|
||||||
and, in the event that only the object code of the Modified Software is redistributed, |
|
||||||
|
|
||||||
3. a note stating the conditions of effective access to the full source code |
6.1 OVER THE INITIAL SOFTWARE |
||||||
of the Modified Software for a period of at least three years from the distribution |
|
||||||
of the Modified Software, it being understood that the additional acquisition |
|
||||||
cost of the source code shall not exceed the cost of the data transfer. |
|
||||||
|
|
||||||
5.3.3. DISTRIBUTION OF EXTERNAL MODULES |
The Holder owns the economic rights over the Initial Software. Any or |
||||||
|
all use of the Initial Software is subject to compliance with the terms |
||||||
|
and conditions under which the Holder has elected to distribute its work |
||||||
|
and no one shall be entitled to modify the terms and conditions for the |
||||||
|
distribution of said Initial Software. |
||||||
|
|
||||||
When the Licensee has developed an External Module, the terms and conditions |
The Holder undertakes that the Initial Software will remain ruled at |
||||||
of this Agreement do not apply to said External Module, that may be distributed |
least by this Agreement, for the duration set forth in Article 4.2 <#term>. |
||||||
under a separate license agreement. |
|
||||||
|
|
||||||
5.3.4. COMPATIBILITY WITH OTHER LICENSES |
|
||||||
|
|
||||||
The Licensee can include a code that is subject to the provisions of one of |
6.2 OVER THE CONTRIBUTIONS |
||||||
the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the Modified or |
|
||||||
unmodified Software, and distribute that entire code under the terms of the |
|
||||||
same version of the GNU GPL, GNU Affero GPL and/or EUPL. |
|
||||||
|
|
||||||
The Licensee can include the Modified or unmodified Software in a code that |
The Licensee who develops a Contribution is the owner of the |
||||||
is subject to the provisions of one of the versions of the GNU GPL, GNU Affero |
intellectual property rights over this Contribution as defined by |
||||||
GPL and/or EUPL and distribute that entire code under the terms of the same |
applicable law. |
||||||
version of the GNU GPL, GNU Affero GPL and/or EUPL. |
|
||||||
|
|
||||||
Article 6 - INTELLECTUAL PROPERTY |
|
||||||
|
|
||||||
6.1 OVER THE INITIAL SOFTWARE |
6.3 OVER THE EXTERNAL MODULES |
||||||
|
|
||||||
The Holder owns the economic rights over the Initial Software. Any or all |
The Licensee who develops an External Module is the owner of the |
||||||
use of the Initial Software is subject to compliance with the terms and conditions |
intellectual property rights over this External Module as defined by |
||||||
under which the Holder has elected to distribute its work and no one shall |
applicable law and is free to choose the type of agreement that shall |
||||||
be entitled to modify the terms and conditions for the distribution of said |
govern its distribution. |
||||||
Initial Software. |
|
||||||
|
|
||||||
The Holder undertakes that the Initial Software will remain ruled at least |
|
||||||
by this Agreement, for the duration set forth in Article 4.2 <#term> . |
|
||||||
|
|
||||||
6.2 OVER THE CONTRIBUTIONS |
6.4 JOINT PROVISIONS |
||||||
|
|
||||||
The Licensee who develops a Contribution is the owner of the intellectual |
The Licensee expressly undertakes: |
||||||
property rights over this Contribution as defined by applicable law. |
|
||||||
|
1. not to remove, or modify, in any manner, the intellectual property |
||||||
|
notices attached to the Software; |
||||||
|
|
||||||
|
2. to reproduce said notices, in an identical manner, in the copies of |
||||||
|
the Software modified or not. |
||||||
|
|
||||||
|
The Licensee undertakes not to directly or indirectly infringe the |
||||||
|
intellectual property rights on the Software of the Holder and/or |
||||||
|
Contributors, and to take, where applicable, vis-à-vis its staff, any |
||||||
|
and all measures required to ensure respect of said intellectual |
||||||
|
property rights of the Holder and/or Contributors. |
||||||
|
|
||||||
|
|
||||||
|
Article 7 - RELATED SERVICES |
||||||
|
|
||||||
|
7.1 Under no circumstances shall the Agreement oblige the Licensor to |
||||||
|
provide technical assistance or maintenance services for the Software. |
||||||
|
|
||||||
|
However, the Licensor is entitled to offer this type of services. The |
||||||
|
terms and conditions of such technical assistance, and/or such |
||||||
|
maintenance, shall be set forth in a separate instrument. Only the |
||||||
|
Licensor offering said maintenance and/or technical assistance services |
||||||
|
shall incur liability therefor. |
||||||
|
|
||||||
|
7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
||||||
|
its sole responsibility, a warranty, that shall only be binding upon |
||||||
|
itself, for the redistribution of the Software and/or the Modified |
||||||
|
Software, under terms and conditions that it is free to decide. Said |
||||||
|
warranty, and the financial terms and conditions of its application, |
||||||
|
shall be subject of a separate instrument executed between the Licensor |
||||||
|
and the Licensee. |
||||||
|
|
||||||
|
|
||||||
|
Article 8 - LIABILITY |
||||||
|
|
||||||
|
8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
||||||
|
entitled to claim compensation for any direct loss it may have suffered |
||||||
|
from the Software as a result of a fault on the part of the relevant |
||||||
|
Licensor, subject to providing evidence thereof. |
||||||
|
|
||||||
|
8.2 The Licensor's liability is limited to the commitments made under |
||||||
|
this Agreement and shall not be incurred as a result of in particular: |
||||||
|
(i) loss due the Licensee's total or partial failure to fulfill its |
||||||
|
obligations, (ii) direct or consequential loss that is suffered by the |
||||||
|
Licensee due to the use or performance of the Software, and (iii) more |
||||||
|
generally, any consequential loss. In particular the Parties expressly |
||||||
|
agree that any or all pecuniary or business loss (i.e. loss of data, |
||||||
|
loss of profits, operating loss, loss of customers or orders, |
||||||
|
opportunity cost, any disturbance to business activities) or any or all |
||||||
|
legal proceedings instituted against the Licensee by a third party, |
||||||
|
shall constitute consequential loss and shall not provide entitlement to |
||||||
|
any or all compensation from the Licensor. |
||||||
|
|
||||||
|
|
||||||
|
Article 9 - WARRANTY |
||||||
|
|
||||||
|
9.1 The Licensee acknowledges that the scientific and technical |
||||||
|
state-of-the-art when the Software was distributed did not enable all |
||||||
|
possible uses to be tested and verified, nor for the presence of |
||||||
|
possible defects to be detected. In this respect, the Licensee's |
||||||
|
attention has been drawn to the risks associated with loading, using, |
||||||
|
modifying and/or developing and reproducing the Software which are |
||||||
|
reserved for experienced users. |
||||||
|
|
||||||
|
The Licensee shall be responsible for verifying, by any or all means, |
||||||
|
the suitability of the product for its requirements, its good working |
||||||
|
order, and for ensuring that it shall not cause damage to either persons |
||||||
|
or properties. |
||||||
|
|
||||||
|
9.2 The Licensor hereby represents, in good faith, that it is entitled |
||||||
|
to grant all the rights over the Software (including in particular the |
||||||
|
rights set forth in Article 5 <#scope>). |
||||||
|
|
||||||
|
9.3 The Licensee acknowledges that the Software is supplied "as is" by |
||||||
|
the Licensor without any other express or tacit warranty, other than |
||||||
|
that provided for in Article 9.2 <#good-faith> and, in particular, |
||||||
|
without any warranty as to its commercial value, its secured, safe, |
||||||
|
innovative or relevant nature. |
||||||
|
|
||||||
|
Specifically, the Licensor does not warrant that the Software is free |
||||||
|
from any error, that it will operate without interruption, that it will |
||||||
|
be compatible with the Licensee's own equipment and software |
||||||
|
configuration, nor that it will meet the Licensee's requirements. |
||||||
|
|
||||||
|
9.4 The Licensor does not either expressly or tacitly warrant that the |
||||||
|
Software does not infringe any third party intellectual property right |
||||||
|
relating to a patent, software or any other property right. Therefore, |
||||||
|
the Licensor disclaims any and all liability towards the Licensee |
||||||
|
arising out of any or all proceedings for infringement that may be |
||||||
|
instituted in respect of the use, modification and redistribution of the |
||||||
|
Software. Nevertheless, should such proceedings be instituted against |
||||||
|
the Licensee, the Licensor shall provide it with technical and legal |
||||||
|
expertise for its defense. Such technical and legal expertise shall be |
||||||
|
decided on a case-by-case basis between the relevant Licensor and the |
||||||
|
Licensee pursuant to a memorandum of understanding. The Licensor |
||||||
|
disclaims any and all liability as regards the Licensee's use of the |
||||||
|
name of the Software. No warranty is given as regards the existence of |
||||||
|
prior rights over the name of the Software or as regards the existence |
||||||
|
of a trademark. |
||||||
|
|
||||||
|
|
||||||
|
Article 10 - TERMINATION |
||||||
|
|
||||||
|
10.1 In the event of a breach by the Licensee of its obligations |
||||||
|
hereunder, the Licensor may automatically terminate this Agreement |
||||||
|
thirty (30) days after notice has been sent to the Licensee and has |
||||||
|
remained ineffective. |
||||||
|
|
||||||
|
10.2 A Licensee whose Agreement is terminated shall no longer be |
||||||
|
authorized to use, modify or distribute the Software. However, any |
||||||
|
licenses that it may have granted prior to termination of the Agreement |
||||||
|
shall remain valid subject to their having been granted in compliance |
||||||
|
with the terms and conditions hereof. |
||||||
|
|
||||||
|
|
||||||
|
Article 11 - MISCELLANEOUS |
||||||
|
|
||||||
6.3 OVER THE EXTERNAL MODULES |
|
||||||
|
|
||||||
The Licensee who develops an External Module is the owner of the intellectual |
11.1 EXCUSABLE EVENTS |
||||||
property rights over this External Module as defined by applicable law and |
|
||||||
is free to choose the type of agreement that shall govern its distribution. |
|
||||||
|
|
||||||
6.4 JOINT PROVISIONS |
Neither Party shall be liable for any or all delay, or failure to |
||||||
|
perform the Agreement, that may be attributable to an event of force |
||||||
|
majeure, an act of God or an outside cause, such as defective |
||||||
|
functioning or interruptions of the electricity or telecommunications |
||||||
|
networks, network paralysis following a virus attack, intervention by |
||||||
|
government authorities, natural disasters, water damage, earthquakes, |
||||||
|
fire, explosions, strikes and labor unrest, war, etc. |
||||||
|
|
||||||
|
11.2 Any failure by either Party, on one or more occasions, to invoke |
||||||
|
one or more of the provisions hereof, shall under no circumstances be |
||||||
|
interpreted as being a waiver by the interested Party of its right to |
||||||
|
invoke said provision(s) subsequently. |
||||||
|
|
||||||
|
11.3 The Agreement cancels and replaces any or all previous agreements, |
||||||
|
whether written or oral, between the Parties and having the same |
||||||
|
purpose, and constitutes the entirety of the agreement between said |
||||||
|
Parties concerning said purpose. No supplement or modification to the |
||||||
|
terms and conditions hereof shall be effective as between the Parties |
||||||
|
unless it is made in writing and signed by their duly authorized |
||||||
|
representatives. |
||||||
|
|
||||||
|
11.4 In the event that one or more of the provisions hereof were to |
||||||
|
conflict with a current or future applicable act or legislative text, |
||||||
|
said act or legislative text shall prevail, and the Parties shall make |
||||||
|
the necessary amendments so as to comply with said act or legislative |
||||||
|
text. All other provisions shall remain effective. Similarly, invalidity |
||||||
|
of a provision of the Agreement, for any reason whatsoever, shall not |
||||||
|
cause the Agreement as a whole to be invalid. |
||||||
|
|
||||||
The Licensee expressly undertakes: |
|
||||||
|
|
||||||
1. not to remove, or modify, in any manner, the intellectual property notices |
|
||||||
attached to the Software; |
|
||||||
|
|
||||||
2. to reproduce said notices, in an identical manner, in the copies of the |
|
||||||
Software modified or not. |
|
||||||
|
|
||||||
The Licensee undertakes not to directly or indirectly infringe the intellectual |
|
||||||
property rights on the Software of the Holder and/or Contributors, and to |
|
||||||
take, where applicable, vis-à-vis its staff, any and all measures required |
|
||||||
to ensure respect of said intellectual property rights of the Holder and/or |
|
||||||
Contributors. |
|
||||||
|
|
||||||
Article 7 - RELATED SERVICES |
|
||||||
|
|
||||||
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide |
|
||||||
technical assistance or maintenance services for the Software. |
|
||||||
|
|
||||||
However, the Licensor is entitled to offer this type of services. The terms |
|
||||||
and conditions of such technical assistance, and/or such maintenance, shall |
|
||||||
be set forth in a separate instrument. Only the Licensor offering said maintenance |
|
||||||
and/or technical assistance services shall incur liability therefor. |
|
||||||
|
|
||||||
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its |
|
||||||
sole responsibility, a warranty, that shall only be binding upon itself, for |
|
||||||
the redistribution of the Software and/or the Modified Software, under terms |
|
||||||
and conditions that it is free to decide. Said warranty, and the financial |
|
||||||
terms and conditions of its application, shall be subject of a separate instrument |
|
||||||
executed between the Licensor and the Licensee. |
|
||||||
|
|
||||||
Article 8 - LIABILITY |
|
||||||
|
|
||||||
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled |
|
||||||
to claim compensation for any direct loss it may have suffered from the Software |
|
||||||
as a result of a fault on the part of the relevant Licensor, subject to providing |
|
||||||
evidence thereof. |
|
||||||
|
|
||||||
8.2 The Licensor's liability is limited to the commitments made under this |
|
||||||
Agreement and shall not be incurred as a result of in particular: (i) loss |
|
||||||
due the Licensee's total or partial failure to fulfill its obligations, (ii) |
|
||||||
direct or consequential loss that is suffered by the Licensee due to the use |
|
||||||
or performance of the Software, and (iii) more generally, any consequential |
|
||||||
loss. In particular the Parties expressly agree that any or all pecuniary |
|
||||||
or business loss (i.e. loss of data, loss of profits, operating loss, loss |
|
||||||
of customers or orders, opportunity cost, any disturbance to business activities) |
|
||||||
or any or all legal proceedings instituted against the Licensee by a third |
|
||||||
party, shall constitute consequential loss and shall not provide entitlement |
|
||||||
to any or all compensation from the Licensor. |
|
||||||
|
|
||||||
Article 9 - WARRANTY |
|
||||||
|
|
||||||
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art |
|
||||||
when the Software was distributed did not enable all possible uses to be tested |
|
||||||
and verified, nor for the presence of possible defects to be detected. In |
|
||||||
this respect, the Licensee's attention has been drawn to the risks associated |
|
||||||
with loading, using, modifying and/or developing and reproducing the Software |
|
||||||
which are reserved for experienced users. |
|
||||||
|
|
||||||
The Licensee shall be responsible for verifying, by any or all means, the |
|
||||||
suitability of the product for its requirements, its good working order, and |
|
||||||
for ensuring that it shall not cause damage to either persons or properties. |
|
||||||
|
|
||||||
9.2 The Licensor hereby represents, in good faith, that it is entitled to |
|
||||||
grant all the rights over the Software (including in particular the rights |
|
||||||
set forth in Article 5 <#scope> ). |
|
||||||
|
|
||||||
9.3 The Licensee acknowledges that the Software is supplied "as is" by the |
|
||||||
Licensor without any other express or tacit warranty, other than that provided |
|
||||||
for in Article 9.2 <#good-faith> and, in particular, without any warranty |
|
||||||
as to its commercial value, its secured, safe, innovative or relevant nature. |
|
||||||
|
|
||||||
Specifically, the Licensor does not warrant that the Software is free from |
|
||||||
any error, that it will operate without interruption, that it will be compatible |
|
||||||
with the Licensee's own equipment and software configuration, nor that it |
|
||||||
will meet the Licensee's requirements. |
|
||||||
|
|
||||||
9.4 The Licensor does not either expressly or tacitly warrant that the Software |
|
||||||
does not infringe any third party intellectual property right relating to |
|
||||||
a patent, software or any other property right. Therefore, the Licensor disclaims |
|
||||||
any and all liability towards the Licensee arising out of any or all proceedings |
|
||||||
for infringement that may be instituted in respect of the use, modification |
|
||||||
and redistribution of the Software. Nevertheless, should such proceedings |
|
||||||
be instituted against the Licensee, the Licensor shall provide it with technical |
|
||||||
and legal expertise for its defense. Such technical and legal expertise shall |
|
||||||
be decided on a case-by-case basis between the relevant Licensor and the Licensee |
|
||||||
pursuant to a memorandum of understanding. The Licensor disclaims any and |
|
||||||
all liability as regards the Licensee's use of the name of the Software. No |
|
||||||
warranty is given as regards the existence of prior rights over the name of |
|
||||||
the Software or as regards the existence of a trademark. |
|
||||||
|
|
||||||
Article 10 - TERMINATION |
|
||||||
|
|
||||||
10.1 In the event of a breach by the Licensee of its obligations hereunder, |
|
||||||
the Licensor may automatically terminate this Agreement thirty (30) days after |
|
||||||
notice has been sent to the Licensee and has remained ineffective. |
|
||||||
|
|
||||||
10.2 A Licensee whose Agreement is terminated shall no longer be authorized |
|
||||||
to use, modify or distribute the Software. However, any licenses that it may |
|
||||||
have granted prior to termination of the Agreement shall remain valid subject |
|
||||||
to their having been granted in compliance with the terms and conditions hereof. |
|
||||||
|
|
||||||
Article 11 - MISCELLANEOUS |
|
||||||
|
|
||||||
11.1 EXCUSABLE EVENTS |
11.5 LANGUAGE |
||||||
|
|
||||||
Neither Party shall be liable for any or all delay, or failure to perform |
The Agreement is drafted in both French and English and both versions |
||||||
the Agreement, that may be attributable to an event of force majeure, an act |
are deemed authentic. |
||||||
of God or an outside cause, such as defective functioning or interruptions |
|
||||||
of the electricity or telecommunications networks, network paralysis following |
|
||||||
a virus attack, intervention by government authorities, natural disasters, |
|
||||||
water damage, earthquakes, fire, explosions, strikes and labor unrest, war, |
|
||||||
etc. |
|
||||||
|
|
||||||
11.2 Any failure by either Party, on one or more occasions, to invoke one |
|
||||||
or more of the provisions hereof, shall under no circumstances be interpreted |
|
||||||
as being a waiver by the interested Party of its right to invoke said provision(s) |
|
||||||
subsequently. |
|
||||||
|
|
||||||
11.3 The Agreement cancels and replaces any or all previous agreements, whether |
|
||||||
written or oral, between the Parties and having the same purpose, and constitutes |
|
||||||
the entirety of the agreement between said Parties concerning said purpose. |
|
||||||
No supplement or modification to the terms and conditions hereof shall be |
|
||||||
effective as between the Parties unless it is made in writing and signed by |
|
||||||
their duly authorized representatives. |
|
||||||
|
|
||||||
11.4 In the event that one or more of the provisions hereof were to conflict |
|
||||||
with a current or future applicable act or legislative text, said act or legislative |
|
||||||
text shall prevail, and the Parties shall make the necessary amendments so |
|
||||||
as to comply with said act or legislative text. All other provisions shall |
|
||||||
remain effective. Similarly, invalidity of a provision of the Agreement, for |
|
||||||
any reason whatsoever, shall not cause the Agreement as a whole to be invalid. |
|
||||||
|
|
||||||
11.5 LANGUAGE |
|
||||||
|
|
||||||
The Agreement is drafted in both French and English and both versions are |
Article 12 - NEW VERSIONS OF THE AGREEMENT |
||||||
deemed authentic. |
|
||||||
|
|
||||||
Article 12 - NEW VERSIONS OF THE AGREEMENT |
12.1 Any person is authorized to duplicate and distribute copies of this |
||||||
|
Agreement. |
||||||
|
|
||||||
12.1 Any person is authorized to duplicate and distribute copies of this Agreement. |
12.2 So as to ensure coherence, the wording of this Agreement is |
||||||
|
protected and may only be modified by the authors of the License, who |
||||||
|
reserve the right to periodically publish updates or new versions of the |
||||||
|
Agreement, each with a separate number. These subsequent versions may |
||||||
|
address new issues encountered by Free Software. |
||||||
|
|
||||||
12.2 So as to ensure coherence, the wording of this Agreement is protected |
12.3 Any Software distributed under a given version of the Agreement may |
||||||
and may only be modified by the authors of the License, who reserve the right |
only be subsequently distributed under the same version of the Agreement |
||||||
to periodically publish updates or new versions of the Agreement, each with |
or a subsequent version, subject to the provisions of Article 5.3.4 |
||||||
a separate number. These subsequent versions may address new issues encountered |
<#compatibility>. |
||||||
by Free Software. |
|
||||||
|
|
||||||
12.3 Any Software distributed under a given version of the Agreement may only |
|
||||||
be subsequently distributed under the same version of the Agreement or a subsequent |
|
||||||
version, subject to the provisions of Article 5.3.4 <#compatibility> . |
|
||||||
|
|
||||||
Article 13 - GOVERNING LAW AND JURISDICTION |
Article 13 - GOVERNING LAW AND JURISDICTION |
||||||
|
|
||||||
13.1 The Agreement is governed by French law. The Parties agree to endeavor |
13.1 The Agreement is governed by French law. The Parties agree to |
||||||
to seek an amicable solution to any disagreements or disputes that may arise |
endeavor to seek an amicable solution to any disagreements or disputes |
||||||
during the performance of the Agreement. |
that may arise during the performance of the Agreement. |
||||||
|
|
||||||
13.2 Failing an amicable solution within two (2) months as from their occurrence, |
13.2 Failing an amicable solution within two (2) months as from their |
||||||
and unless emergency proceedings are necessary, the disagreements or disputes |
occurrence, and unless emergency proceedings are necessary, the |
||||||
shall be referred to the Paris Courts having jurisdiction, by the more diligent |
disagreements or disputes shall be referred to the Paris Courts having |
||||||
Party. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) L(ibre) |
jurisdiction, by the more diligent Party. |
||||||
|
@ -1,484 +1,515 @@ |
|||||||
CeCILL-B FREE SOFTWARE LICENSE AGREEMENT Notice |
|
||||||
|
|
||||||
This Agreement is a Free Software license agreement that is the result of |
CeCILL-B FREE SOFTWARE LICENSE AGREEMENT |
||||||
discussions between its authors in order to ensure compliance with the two |
|
||||||
main principles guiding its drafting: |
|
||||||
|
|
||||||
* firstly, compliance with the principles governing the distribution of Free |
|
||||||
Software: access to source code, broad rights granted to users, |
|
||||||
|
|
||||||
* secondly, the election of a governing law, French law, with which it is |
Notice |
||||||
conformant, both as regards the law of torts and intellectual property law, |
|
||||||
and the protection that it offers to both authors and holders of the economic |
|
||||||
rights over software. |
|
||||||
|
|
||||||
The authors of the CeCILL¹ license are: |
This Agreement is a Free Software license agreement that is the result |
||||||
|
of discussions between its authors in order to ensure compliance with |
||||||
|
the two main principles guiding its drafting: |
||||||
|
|
||||||
|
* firstly, compliance with the principles governing the distribution |
||||||
|
of Free Software: access to source code, broad rights granted to |
||||||
|
users, |
||||||
|
* secondly, the election of a governing law, French law, with which |
||||||
|
it is conformant, both as regards the law of torts and |
||||||
|
intellectual property law, and the protection that it offers to |
||||||
|
both authors and holders of the economic rights over software. |
||||||
|
|
||||||
|
The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) |
||||||
|
license are: |
||||||
|
|
||||||
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and |
Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
||||||
industrial research establishment, having its principal place of business |
and industrial research establishment, having its principal place of |
||||||
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
||||||
|
|
||||||
|
Centre National de la Recherche Scientifique - CNRS, a public scientific |
||||||
|
and technological establishment, having its principal place of business |
||||||
|
at 3 rue Michel-Ange, 75794 Paris cedex 16, France. |
||||||
|
|
||||||
|
Institut National de Recherche en Informatique et en Automatique - |
||||||
|
INRIA, a public scientific and technological establishment, having its |
||||||
|
principal place of business at Domaine de Voluceau, Rocquencourt, BP |
||||||
|
105, 78153 Le Chesnay cedex, France. |
||||||
|
|
||||||
Centre National de la Recherche Scientifique - CNRS, a public scientific and |
|
||||||
technological establishment, having its principal place of business at 3 rue |
|
||||||
Michel-Ange, 75794 Paris cedex 16, France. |
|
||||||
|
|
||||||
|
Preamble |
||||||
|
|
||||||
|
This Agreement is an open source software license intended to give users |
||||||
Institut National de Recherche en Informatique et en Automatique - INRIA, |
significant freedom to modify and redistribute the software licensed |
||||||
a public scientific and technological establishment, having its principal |
|
||||||
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay |
|
||||||
cedex, France. |
|
||||||
|
|
||||||
Preamble This Agreement is an open source software license intended to give |
|
||||||
users significant freedom to modify and redistribute the software licensed |
|
||||||
hereunder. |
hereunder. |
||||||
|
|
||||||
The exercising of this freedom is conditional upon a strong obligation of |
The exercising of this freedom is conditional upon a strong obligation |
||||||
giving credits for everybody that distributes a software incorporating a software |
of giving credits for everybody that distributes a software |
||||||
ruled by the current license so as all contributions to be properly identified |
incorporating a software ruled by the current license so as all |
||||||
and acknowledged. |
contributions to be properly identified and acknowledged. |
||||||
|
|
||||||
In consideration of access to the source code and the rights to copy, modify |
|
||||||
and redistribute granted by the license, users are provided only with a limited |
|
||||||
warranty and the software's author, the holder of the economic rights, and |
|
||||||
the successive licensors only have limited liability. |
|
||||||
|
|
||||||
In this respect, the risks associated with loading, using, modifying and/or |
|
||||||
developing or reproducing the software by the user are brought to the user's |
|
||||||
attention, given its Free Software status, which may make it complicated to |
|
||||||
use, with the result that its use is reserved for developers and experienced |
|
||||||
professionals having in-depth computer knowledge. Users are therefore encouraged |
|
||||||
to load and test the suitability of the software as regards their requirements |
|
||||||
in conditions enabling the security of their systems and/or data to be ensured |
|
||||||
and, more generally, to use and operate it in the same conditions of security. |
|
||||||
This Agreement may be freely reproduced and published, provided it is not |
|
||||||
altered, and that no provisions are either added or removed herefrom. |
|
||||||
|
|
||||||
This Agreement may apply to any or all software for which the holder of the |
|
||||||
economic rights decides to submit the use thereof to its provisions. |
|
||||||
|
|
||||||
Article 1 - DEFINITIONS |
|
||||||
|
|
||||||
For the purpose of this Agreement, when the following expressions commence |
|
||||||
with a capital letter, they shall have the following meaning: |
|
||||||
|
|
||||||
|
|
||||||
|
In consideration of access to the source code and the rights to copy, |
||||||
|
modify and redistribute granted by the license, users are provided only |
||||||
|
with a limited warranty and the software's author, the holder of the |
||||||
|
economic rights, and the successive licensors only have limited liability. |
||||||
|
|
||||||
Agreement: means this license agreement, and its possible subsequent versions |
In this respect, the risks associated with loading, using, modifying |
||||||
and annexes. |
and/or developing or reproducing the software by the user are brought to |
||||||
|
the user's attention, given its Free Software status, which may make it |
||||||
|
complicated to use, with the result that its use is reserved for |
||||||
|
developers and experienced professionals having in-depth computer |
||||||
|
knowledge. Users are therefore encouraged to load and test the |
||||||
|
suitability of the software as regards their requirements in conditions |
||||||
|
enabling the security of their systems and/or data to be ensured and, |
||||||
|
more generally, to use and operate it in the same conditions of |
||||||
|
security. This Agreement may be freely reproduced and published, |
||||||
|
provided it is not altered, and that no provisions are either added or |
||||||
|
removed herefrom. |
||||||
|
|
||||||
|
This Agreement may apply to any or all software for which the holder of |
||||||
|
the economic rights decides to submit the use thereof to its provisions. |
||||||
|
|
||||||
|
|
||||||
Software: means the software in its Object Code and/or Source Code form and, |
Article 1 - DEFINITIONS |
||||||
where applicable, its documentation, "as is" when the Licensee accepts the |
|
||||||
Agreement. |
|
||||||
|
|
||||||
|
For the purpose of this Agreement, when the following expressions |
||||||
|
commence with a capital letter, they shall have the following meaning: |
||||||
|
|
||||||
|
Agreement: means this license agreement, and its possible subsequent |
||||||
|
versions and annexes. |
||||||
|
|
||||||
Initial Software: means the Software in its Source Code and possibly its Object |
Software: means the software in its Object Code and/or Source Code form |
||||||
Code form and, where applicable, its documentation, "as is" when it is first |
and, where applicable, its documentation, "as is" when the Licensee |
||||||
distributed under the terms and conditions of the Agreement. |
accepts the Agreement. |
||||||
|
|
||||||
|
Initial Software: means the Software in its Source Code and possibly its |
||||||
|
Object Code form and, where applicable, its documentation, "as is" when |
||||||
|
it is first distributed under the terms and conditions of the Agreement. |
||||||
|
|
||||||
|
Modified Software: means the Software modified by at least one |
||||||
|
Contribution. |
||||||
|
|
||||||
Modified Software: means the Software modified by at least one Contribution. |
Source Code: means all the Software's instructions and program lines to |
||||||
|
which access is required so as to modify the Software. |
||||||
|
|
||||||
|
Object Code: means the binary files originating from the compilation of |
||||||
|
the Source Code. |
||||||
|
|
||||||
|
Holder: means the holder(s) of the economic rights over the Initial |
||||||
|
Software. |
||||||
|
|
||||||
Source Code: means all the Software's instructions and program lines to which |
Licensee: means the Software user(s) having accepted the Agreement. |
||||||
access is required so as to modify the Software. |
|
||||||
|
|
||||||
|
Contributor: means a Licensee having made at least one Contribution. |
||||||
|
|
||||||
|
Licensor: means the Holder, or any other individual or legal entity, who |
||||||
|
distributes the Software under the Agreement. |
||||||
|
|
||||||
Object Code: means the binary files originating from the compilation of the |
Contribution: means any or all modifications, corrections, translations, |
||||||
Source Code. |
adaptations and/or new functions integrated into the Software by any or |
||||||
|
all Contributors, as well as any or all Internal Modules. |
||||||
|
|
||||||
|
Module: means a set of sources files including their documentation that |
||||||
|
enables supplementary functions or services in addition to those offered |
||||||
|
by the Software. |
||||||
|
|
||||||
|
External Module: means any or all Modules, not derived from the |
||||||
|
Software, so that this Module and the Software run in separate address |
||||||
|
spaces, with one calling the other when they are run. |
||||||
|
|
||||||
Holder: means the holder(s) of the economic rights over the Initial Software. |
Internal Module: means any or all Module, connected to the Software so |
||||||
|
that they both execute in the same address space. |
||||||
|
|
||||||
|
Parties: mean both the Licensee and the Licensor. |
||||||
|
|
||||||
|
These expressions may be used both in singular and plural form. |
||||||
|
|
||||||
Licensee: means the Software user(s) having accepted the Agreement. |
|
||||||
|
|
||||||
|
Article 2 - PURPOSE |
||||||
|
|
||||||
|
The purpose of the Agreement is the grant by the Licensor to the |
||||||
|
Licensee of a non-exclusive, transferable and worldwide license for the |
||||||
|
Software as set forth in Article 5 hereinafter for the whole term of the |
||||||
|
protection granted by the rights over said Software. |
||||||
|
|
||||||
Contributor: means a Licensee having made at least one Contribution. |
|
||||||
|
|
||||||
|
Article 3 - ACCEPTANCE |
||||||
|
|
||||||
|
3.1 The Licensee shall be deemed as having accepted the terms and |
||||||
|
conditions of this Agreement upon the occurrence of the first of the |
||||||
|
following events: |
||||||
|
|
||||||
Licensor: means the Holder, or any other individual or legal entity, who distributes |
* (i) loading the Software by any or all means, notably, by |
||||||
the Software under the Agreement. |
downloading from a remote server, or by loading from a physical |
||||||
|
medium; |
||||||
|
* (ii) the first time the Licensee exercises any of the rights |
||||||
|
granted hereunder. |
||||||
|
|
||||||
|
3.2 One copy of the Agreement, containing a notice relating to the |
||||||
|
characteristics of the Software, to the limited warranty, and to the |
||||||
|
fact that its use is restricted to experienced users has been provided |
||||||
|
to the Licensee prior to its acceptance as set forth in Article 3.1 |
||||||
|
hereinabove, and the Licensee hereby acknowledges that it has read and |
||||||
|
understood it. |
||||||
|
|
||||||
|
|
||||||
Contribution: means any or all modifications, corrections, translations, adaptations |
Article 4 - EFFECTIVE DATE AND TERM |
||||||
and/or new functions integrated into the Software by any or all Contributors, |
|
||||||
as well as any or all Internal Modules. |
|
||||||
|
|
||||||
|
|
||||||
|
4.1 EFFECTIVE DATE |
||||||
|
|
||||||
Module: means a set of sources files including their documentation that enables |
The Agreement shall become effective on the date when it is accepted by |
||||||
supplementary functions or services in addition to those offered by the Software. |
the Licensee as set forth in Article 3.1. |
||||||
|
|
||||||
|
|
||||||
|
4.2 TERM |
||||||
|
|
||||||
External Module: means any or all Modules, not derived from the Software, |
The Agreement shall remain in force for the entire legal term of |
||||||
so that this Module and the Software run in separate address spaces, with |
protection of the economic rights over the Software. |
||||||
one calling the other when they are run. |
|
||||||
|
|
||||||
|
|
||||||
|
Article 5 - SCOPE OF RIGHTS GRANTED |
||||||
|
|
||||||
Internal Module: means any or all Module, connected to the Software so that |
The Licensor hereby grants to the Licensee, who accepts, the following |
||||||
they both execute in the same address space. |
rights over the Software for any or all use, and for the term of the |
||||||
|
Agreement, on the basis of the terms and conditions set forth hereinafter. |
||||||
|
|
||||||
|
Besides, if the Licensor owns or comes to own one or more patents |
||||||
|
protecting all or part of the functions of the Software or of its |
||||||
|
components, the Licensor undertakes not to enforce the rights granted by |
||||||
|
these patents against successive Licensees using, exploiting or |
||||||
|
modifying the Software. If these patents are transferred, the Licensor |
||||||
|
undertakes to have the transferees subscribe to the obligations set |
||||||
|
forth in this paragraph. |
||||||
|
|
||||||
|
|
||||||
Parties: mean both the Licensee and the Licensor. |
5.1 RIGHT OF USE |
||||||
|
|
||||||
These expressions may be used both in singular and plural form. |
The Licensee is authorized to use the Software, without any limitation |
||||||
|
as to its fields of application, with it being hereinafter specified |
||||||
|
that this comprises: |
||||||
|
|
||||||
Article 2 - PURPOSE |
1. permanent or temporary reproduction of all or part of the Software |
||||||
|
by any or all means and in any or all form. |
||||||
|
|
||||||
The purpose of the Agreement is the grant by the Licensor to the Licensee |
2. loading, displaying, running, or storing the Software on any or |
||||||
of a non-exclusive, transferable and worldwide license for the Software as |
all medium. |
||||||
set forth in Article 5 hereinafter for the whole term of the protection granted |
|
||||||
by the rights over said Software. |
|
||||||
|
|
||||||
Article 3 - ACCEPTANCE |
3. entitlement to observe, study or test its operation so as to |
||||||
|
determine the ideas and principles behind any or all constituent |
||||||
|
elements of said Software. This shall apply when the Licensee |
||||||
|
carries out any or all loading, displaying, running, transmission |
||||||
|
or storage operation as regards the Software, that it is entitled |
||||||
|
to carry out hereunder. |
||||||
|
|
||||||
3.1 The Licensee shall be deemed as having accepted the terms and conditions |
|
||||||
of this Agreement upon the occurrence of the first of the following events: |
|
||||||
|
|
||||||
(i) loading the Software by any or all means, notably, by downloading from |
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
||||||
a remote server, or by loading from a physical medium; |
|
||||||
|
|
||||||
(ii) the first time the Licensee exercises any of the rights granted hereunder. |
The right to make Contributions includes the right to translate, adapt, |
||||||
|
arrange, or make any or all modifications to the Software, and the right |
||||||
|
to reproduce the resulting software. |
||||||
|
|
||||||
3.2 One copy of the Agreement, containing a notice relating to the characteristics |
The Licensee is authorized to make any or all Contributions to the |
||||||
of the Software, to the limited warranty, and to the fact that its use is |
Software provided that it includes an explicit notice that it is the |
||||||
restricted to experienced users has been provided to the Licensee prior to |
author of said Contribution and indicates the date of the creation thereof. |
||||||
its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby |
|
||||||
acknowledges that it has read and understood it. |
|
||||||
|
|
||||||
Article 4 - EFFECTIVE DATE AND TERM |
|
||||||
|
|
||||||
4.1 EFFECTIVE DATE |
5.3 RIGHT OF DISTRIBUTION |
||||||
|
|
||||||
The Agreement shall become effective on the date when it is accepted by the |
In particular, the right of distribution includes the right to publish, |
||||||
Licensee as set forth in Article 3.1. |
transmit and communicate the Software to the general public on any or |
||||||
|
all medium, and by any or all means, and the right to market, either in |
||||||
|
consideration of a fee, or free of charge, one or more copies of the |
||||||
|
Software by any means. |
||||||
|
|
||||||
4.2 TERM |
The Licensee is further authorized to distribute copies of the modified |
||||||
|
or unmodified Software to third parties according to the terms and |
||||||
|
conditions set forth hereinafter. |
||||||
|
|
||||||
The Agreement shall remain in force for the entire legal term of protection |
|
||||||
of the economic rights over the Software. |
|
||||||
|
|
||||||
Article 5 - SCOPE OF RIGHTS GRANTED |
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||||
|
|
||||||
The Licensor hereby grants to the Licensee, who accepts, the following rights |
The Licensee is authorized to distribute true copies of the Software in |
||||||
over the Software for any or all use, and for the term of the Agreement, on |
Source Code or Object Code form, provided that said distribution |
||||||
the basis of the terms and conditions set forth hereinafter. |
complies with all the provisions of the Agreement and is accompanied by: |
||||||
|
|
||||||
Besides, if the Licensor owns or comes to own one or more patents protecting |
1. a copy of the Agreement, |
||||||
all or part of the functions of the Software or of its components, the Licensor |
|
||||||
undertakes not to enforce the rights granted by these patents against successive |
|
||||||
Licensees using, exploiting or modifying the Software. If these patents are |
|
||||||
transferred, the Licensor undertakes to have the transferees subscribe to |
|
||||||
the obligations set forth in this paragraph. |
|
||||||
|
|
||||||
5.1 RIGHT OF USE |
2. a notice relating to the limitation of both the Licensor's |
||||||
|
warranty and liability as set forth in Articles 8 and 9, |
||||||
|
|
||||||
The Licensee is authorized to use the Software, without any limitation as |
and that, in the event that only the Object Code of the Software is |
||||||
to its fields of application, with it being hereinafter specified that this |
redistributed, the Licensee allows effective access to the full Source |
||||||
comprises: |
Code of the Software at a minimum during the entire period of its |
||||||
|
distribution of the Software, it being understood that the additional |
||||||
|
cost of acquiring the Source Code shall not exceed the cost of |
||||||
|
transferring the data. |
||||||
|
|
||||||
1. permanent or temporary reproduction of all or part of the Software by any |
|
||||||
or all means and in any or all form. |
|
||||||
|
|
||||||
2. loading, displaying, running, or storing the Software on any or all medium. |
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
||||||
|
|
||||||
3. entitlement to observe, study or test its operation so as to determine |
If the Licensee makes any Contribution to the Software, the resulting |
||||||
the ideas and principles behind any or all constituent elements of said Software. |
Modified Software may be distributed under a license agreement other |
||||||
This shall apply when the Licensee carries out any or all loading, displaying, |
than this Agreement subject to compliance with the provisions of Article |
||||||
running, transmission or storage operation as regards the Software, that it |
5.3.4. |
||||||
is entitled to carry out hereunder. |
|
||||||
|
|
||||||
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
|
||||||
|
|
||||||
The right to make Contributions includes the right to translate, adapt, arrange, |
5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
||||||
or make any or all modifications to the Software, and the right to reproduce |
|
||||||
the resulting software. |
|
||||||
|
|
||||||
The Licensee is authorized to make any or all Contributions to the Software |
When the Licensee has developed an External Module, the terms and |
||||||
provided that it includes an explicit notice that it is the author of said |
conditions of this Agreement do not apply to said External Module, that |
||||||
Contribution and indicates the date of the creation thereof. |
may be distributed under a separate license agreement. |
||||||
|
|
||||||
5.3 RIGHT OF DISTRIBUTION |
|
||||||
|
|
||||||
In particular, the right of distribution includes the right to publish, transmit |
5.3.4 CREDITS |
||||||
and communicate the Software to the general public on any or all medium, and |
|
||||||
by any or all means, and the right to market, either in consideration of a |
|
||||||
fee, or free of charge, one or more copies of the Software by any means. |
|
||||||
|
|
||||||
The Licensee is further authorized to distribute copies of the modified or |
Any Licensee who may distribute a Modified Software hereby expressly |
||||||
unmodified Software to third parties according to the terms and conditions |
agrees to: |
||||||
set forth hereinafter. |
|
||||||
|
|
||||||
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
1. indicate in the related documentation that it is based on the |
||||||
|
Software licensed hereunder, and reproduce the intellectual |
||||||
|
property notice for the Software, |
||||||
|
|
||||||
The Licensee is authorized to distribute true copies of the Software in Source |
2. ensure that written indications of the Software intended use, |
||||||
Code or Object Code form, provided that said distribution complies with all |
intellectual property notice and license hereunder are included in |
||||||
the provisions of the Agreement and is accompanied by: |
easily accessible format from the Modified Software interface, |
||||||
|
|
||||||
1. a copy of the Agreement, |
3. mention, on a freely accessible website describing the Modified |
||||||
|
Software, at least throughout the distribution term thereof, that |
||||||
|
it is based on the Software licensed hereunder, and reproduce the |
||||||
|
Software intellectual property notice, |
||||||
|
|
||||||
2. a notice relating to the limitation of both the Licensor's warranty and |
4. where it is distributed to a third party that may distribute a |
||||||
liability as set forth in Articles 8 and 9, |
Modified Software without having to make its source code |
||||||
|
available, make its best efforts to ensure that said third party |
||||||
|
agrees to comply with the obligations set forth in this Article . |
||||||
|
|
||||||
and that, in the event that only the Object Code of the Software is redistributed, |
If the Software, whether or not modified, is distributed with an |
||||||
the Licensee allows effective access to the full Source Code of the Software |
External Module designed for use in connection with the Software, the |
||||||
at a minimum during the entire period of its distribution of the Software, |
Licensee shall submit said External Module to the foregoing obligations. |
||||||
it being understood that the additional cost of acquiring the Source Code |
|
||||||
shall not exceed the cost of transferring the data. |
|
||||||
|
|
||||||
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE |
|
||||||
|
|
||||||
If the Licensee makes any Contribution to the Software, the resulting Modified |
5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES |
||||||
Software may be distributed under a license agreement other than this Agreement |
|
||||||
subject to compliance with the provisions of Article 5.3.4. |
|
||||||
|
|
||||||
5.3.3. DISTRIBUTION OF EXTERNAL MODULES |
Where a Modified Software contains a Contribution subject to the CeCILL |
||||||
|
license, the provisions set forth in Article 5.3.4 shall be optional. |
||||||
|
|
||||||
When the Licensee has developed an External Module, the terms and conditions |
A Modified Software may be distributed under the CeCILL-C license. In |
||||||
of this Agreement do not apply to said External Module, that may be distributed |
such a case the provisions set forth in Article 5.3.4 shall be optional. |
||||||
under a separate license agreement. |
|
||||||
|
|
||||||
5.3.4. CREDITS |
|
||||||
|
|
||||||
Any Licensee who may distribute a Modified Software hereby expressly agrees |
Article 6 - INTELLECTUAL PROPERTY |
||||||
to: |
|
||||||
|
|
||||||
1. indicate in the related documentation that it is based on the Software |
|
||||||
licensed hereunder, and reproduce the intellectual property notice for the |
|
||||||
Software, |
|
||||||
|
|
||||||
2. ensure that written indications of the Software intended use, intellectual |
6.1 OVER THE INITIAL SOFTWARE |
||||||
property notice and license hereunder are included in easily accessible format |
|
||||||
from the Modified Software interface, |
|
||||||
|
|
||||||
3. mention, on a freely accessible website describing the Modified Software, |
The Holder owns the economic rights over the Initial Software. Any or |
||||||
at least throughout the distribution term thereof, that it is based on the |
all use of the Initial Software is subject to compliance with the terms |
||||||
Software licensed hereunder, and reproduce the Software intellectual property |
and conditions under which the Holder has elected to distribute its work |
||||||
notice, |
and no one shall be entitled to modify the terms and conditions for the |
||||||
|
distribution of said Initial Software. |
||||||
|
|
||||||
4. where it is distributed to a third party that may distribute a Modified |
The Holder undertakes that the Initial Software will remain ruled at |
||||||
Software without having to make its source code available, make its best efforts |
least by this Agreement, for the duration set forth in Article 4.2. |
||||||
to ensure that said third party agrees to comply with the obligations set |
|
||||||
forth in this Article . |
|
||||||
|
|
||||||
If the Software, whether or not modified, is distributed with an External |
|
||||||
Module designed for use in connection with the Software, the Licensee shall |
|
||||||
submit said External Module to the foregoing obligations. |
|
||||||
|
|
||||||
5.3.5. COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES |
6.2 OVER THE CONTRIBUTIONS |
||||||
|
|
||||||
Where a Modified Software contains a Contribution subject to the CeCILL license, |
The Licensee who develops a Contribution is the owner of the |
||||||
the provisions set forth in Article 5.3.4 shall be optional. |
intellectual property rights over this Contribution as defined by |
||||||
|
applicable law. |
||||||
|
|
||||||
A Modified Software may be distributed under the CeCILL-C license. In such |
|
||||||
a case the provisions set forth in Article 5.3.4 shall be optional. |
|
||||||
|
|
||||||
Article 6 - INTELLECTUAL PROPERTY |
6.3 OVER THE EXTERNAL MODULES |
||||||
|
|
||||||
6.1 OVER THE INITIAL SOFTWARE |
The Licensee who develops an External Module is the owner of the |
||||||
|
intellectual property rights over this External Module as defined by |
||||||
|
applicable law and is free to choose the type of agreement that shall |
||||||
|
govern its distribution. |
||||||
|
|
||||||
The Holder owns the economic rights over the Initial Software. Any or all |
|
||||||
use of the Initial Software is subject to compliance with the terms and conditions |
|
||||||
under which the Holder has elected to distribute its work and no one shall |
|
||||||
be entitled to modify the terms and conditions for the distribution of said |
|
||||||
Initial Software. |
|
||||||
|
|
||||||
The Holder undertakes that the Initial Software will remain ruled at least |
6.4 JOINT PROVISIONS |
||||||
by this Agreement, for the duration set forth in Article 4.2. |
|
||||||
|
|
||||||
6.2 OVER THE CONTRIBUTIONS |
The Licensee expressly undertakes: |
||||||
|
|
||||||
|
1. not to remove, or modify, in any manner, the intellectual property |
||||||
|
notices attached to the Software; |
||||||
|
|
||||||
|
2. to reproduce said notices, in an identical manner, in the copies |
||||||
|
of the Software modified or not. |
||||||
|
|
||||||
|
The Licensee undertakes not to directly or indirectly infringe the |
||||||
|
intellectual property rights of the Holder and/or Contributors on the |
||||||
|
Software and to take, where applicable, vis-à-vis its staff, any and all |
||||||
|
measures required to ensure respect of said intellectual property rights |
||||||
|
of the Holder and/or Contributors. |
||||||
|
|
||||||
|
|
||||||
|
Article 7 - RELATED SERVICES |
||||||
|
|
||||||
|
7.1 Under no circumstances shall the Agreement oblige the Licensor to |
||||||
|
provide technical assistance or maintenance services for the Software. |
||||||
|
|
||||||
|
However, the Licensor is entitled to offer this type of services. The |
||||||
|
terms and conditions of such technical assistance, and/or such |
||||||
|
maintenance, shall be set forth in a separate instrument. Only the |
||||||
|
Licensor offering said maintenance and/or technical assistance services |
||||||
|
shall incur liability therefor. |
||||||
|
|
||||||
|
7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
||||||
|
its sole responsibility, a warranty, that shall only be binding upon |
||||||
|
itself, for the redistribution of the Software and/or the Modified |
||||||
|
Software, under terms and conditions that it is free to decide. Said |
||||||
|
warranty, and the financial terms and conditions of its application, |
||||||
|
shall be subject of a separate instrument executed between the Licensor |
||||||
|
and the Licensee. |
||||||
|
|
||||||
|
|
||||||
|
Article 8 - LIABILITY |
||||||
|
|
||||||
|
8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
||||||
|
entitled to claim compensation for any direct loss it may have suffered |
||||||
|
from the Software as a result of a fault on the part of the relevant |
||||||
|
Licensor, subject to providing evidence thereof. |
||||||
|
|
||||||
|
8.2 The Licensor's liability is limited to the commitments made under |
||||||
|
this Agreement and shall not be incurred as a result of in particular: |
||||||
|
(i) loss due the Licensee's total or partial failure to fulfill its |
||||||
|
obligations, (ii) direct or consequential loss that is suffered by the |
||||||
|
Licensee due to the use or performance of the Software, and (iii) more |
||||||
|
generally, any consequential loss. In particular the Parties expressly |
||||||
|
agree that any or all pecuniary or business loss (i.e. loss of data, |
||||||
|
loss of profits, operating loss, loss of customers or orders, |
||||||
|
opportunity cost, any disturbance to business activities) or any or all |
||||||
|
legal proceedings instituted against the Licensee by a third party, |
||||||
|
shall constitute consequential loss and shall not provide entitlement to |
||||||
|
any or all compensation from the Licensor. |
||||||
|
|
||||||
|
|
||||||
|
Article 9 - WARRANTY |
||||||
|
|
||||||
|
9.1 The Licensee acknowledges that the scientific and technical |
||||||
|
state-of-the-art when the Software was distributed did not enable all |
||||||
|
possible uses to be tested and verified, nor for the presence of |
||||||
|
possible defects to be detected. In this respect, the Licensee's |
||||||
|
attention has been drawn to the risks associated with loading, using, |
||||||
|
modifying and/or developing and reproducing the Software which are |
||||||
|
reserved for experienced users. |
||||||
|
|
||||||
|
The Licensee shall be responsible for verifying, by any or all means, |
||||||
|
the suitability of the product for its requirements, its good working |
||||||
|
order, and for ensuring that it shall not cause damage to either persons |
||||||
|
or properties. |
||||||
|
|
||||||
|
9.2 The Licensor hereby represents, in good faith, that it is entitled |
||||||
|
to grant all the rights over the Software (including in particular the |
||||||
|
rights set forth in Article 5). |
||||||
|
|
||||||
|
9.3 The Licensee acknowledges that the Software is supplied "as is" by |
||||||
|
the Licensor without any other express or tacit warranty, other than |
||||||
|
that provided for in Article 9.2 and, in particular, without any warranty |
||||||
|
as to its commercial value, its secured, safe, innovative or relevant |
||||||
|
nature. |
||||||
|
|
||||||
|
Specifically, the Licensor does not warrant that the Software is free |
||||||
|
from any error, that it will operate without interruption, that it will |
||||||
|
be compatible with the Licensee's own equipment and software |
||||||
|
configuration, nor that it will meet the Licensee's requirements. |
||||||
|
|
||||||
|
9.4 The Licensor does not either expressly or tacitly warrant that the |
||||||
|
Software does not infringe any third party intellectual property right |
||||||
|
relating to a patent, software or any other property right. Therefore, |
||||||
|
the Licensor disclaims any and all liability towards the Licensee |
||||||
|
arising out of any or all proceedings for infringement that may be |
||||||
|
instituted in respect of the use, modification and redistribution of the |
||||||
|
Software. Nevertheless, should such proceedings be instituted against |
||||||
|
the Licensee, the Licensor shall provide it with technical and legal |
||||||
|
assistance for its defense. Such technical and legal assistance shall be |
||||||
|
decided on a case-by-case basis between the relevant Licensor and the |
||||||
|
Licensee pursuant to a memorandum of understanding. The Licensor |
||||||
|
disclaims any and all liability as regards the Licensee's use of the |
||||||
|
name of the Software. No warranty is given as regards the existence of |
||||||
|
prior rights over the name of the Software or as regards the existence |
||||||
|
of a trademark. |
||||||
|
|
||||||
|
|
||||||
|
Article 10 - TERMINATION |
||||||
|
|
||||||
|
10.1 In the event of a breach by the Licensee of its obligations |
||||||
|
hereunder, the Licensor may automatically terminate this Agreement |
||||||
|
thirty (30) days after notice has been sent to the Licensee and has |
||||||
|
remained ineffective. |
||||||
|
|
||||||
|
10.2 A Licensee whose Agreement is terminated shall no longer be |
||||||
|
authorized to use, modify or distribute the Software. However, any |
||||||
|
licenses that it may have granted prior to termination of the Agreement |
||||||
|
shall remain valid subject to their having been granted in compliance |
||||||
|
with the terms and conditions hereof. |
||||||
|
|
||||||
|
|
||||||
|
Article 11 - MISCELLANEOUS |
||||||
|
|
||||||
The Licensee who develops a Contribution is the owner of the intellectual |
|
||||||
property rights over this Contribution as defined by applicable law. |
|
||||||
|
|
||||||
6.3 OVER THE EXTERNAL MODULES |
11.1 EXCUSABLE EVENTS |
||||||
|
|
||||||
The Licensee who develops an External Module is the owner of the intellectual |
Neither Party shall be liable for any or all delay, or failure to |
||||||
property rights over this External Module as defined by applicable law and |
perform the Agreement, that may be attributable to an event of force |
||||||
is free to choose the type of agreement that shall govern its distribution. |
majeure, an act of God or an outside cause, such as defective |
||||||
|
functioning or interruptions of the electricity or telecommunications |
||||||
|
networks, network paralysis following a virus attack, intervention by |
||||||
|
government authorities, natural disasters, water damage, earthquakes, |
||||||
|
fire, explosions, strikes and labor unrest, war, etc. |
||||||
|
|
||||||
|
11.2 Any failure by either Party, on one or more occasions, to invoke |
||||||
|
one or more of the provisions hereof, shall under no circumstances be |
||||||
|
interpreted as being a waiver by the interested Party of its right to |
||||||
|
invoke said provision(s) subsequently. |
||||||
|
|
||||||
|
11.3 The Agreement cancels and replaces any or all previous agreements, |
||||||
|
whether written or oral, between the Parties and having the same |
||||||
|
purpose, and constitutes the entirety of the agreement between said |
||||||
|
Parties concerning said purpose. No supplement or modification to the |
||||||
|
terms and conditions hereof shall be effective as between the Parties |
||||||
|
unless it is made in writing and signed by their duly authorized |
||||||
|
representatives. |
||||||
|
|
||||||
|
11.4 In the event that one or more of the provisions hereof were to |
||||||
|
conflict with a current or future applicable act or legislative text, |
||||||
|
said act or legislative text shall prevail, and the Parties shall make |
||||||
|
the necessary amendments so as to comply with said act or legislative |
||||||
|
text. All other provisions shall remain effective. Similarly, invalidity |
||||||
|
of a provision of the Agreement, for any reason whatsoever, shall not |
||||||
|
cause the Agreement as a whole to be invalid. |
||||||
|
|
||||||
6.4 JOINT PROVISIONS |
|
||||||
|
|
||||||
The Licensee expressly undertakes: |
11.5 LANGUAGE |
||||||
|
|
||||||
1. not to remove, or modify, in any manner, the intellectual property notices |
|
||||||
attached to the Software; |
|
||||||
|
|
||||||
2. to reproduce said notices, in an identical manner, in the copies of the |
|
||||||
Software modified or not. |
|
||||||
|
|
||||||
The Licensee undertakes not to directly or indirectly infringe the intellectual |
|
||||||
property rights of the Holder and/or Contributors on the Software and to take, |
|
||||||
where applicable, vis-à-vis its staff, any and all measures required to ensure |
|
||||||
respect of said intellectual property rights of the Holder and/or Contributors. |
|
||||||
|
|
||||||
Article 7 - RELATED SERVICES |
|
||||||
|
|
||||||
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide |
|
||||||
technical assistance or maintenance services for the Software. |
|
||||||
|
|
||||||
However, the Licensor is entitled to offer this type of services. The terms |
|
||||||
and conditions of such technical assistance, and/or such maintenance, shall |
|
||||||
be set forth in a separate instrument. Only the Licensor offering said maintenance |
|
||||||
and/or technical assistance services shall incur liability therefor. |
|
||||||
|
|
||||||
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its |
|
||||||
sole responsibility, a warranty, that shall only be binding upon itself, for |
|
||||||
the redistribution of the Software and/or the Modified Software, under terms |
|
||||||
and conditions that it is free to decide. Said warranty, and the financial |
|
||||||
terms and conditions of its application, shall be subject of a separate instrument |
|
||||||
executed between the Licensor and the Licensee. |
|
||||||
|
|
||||||
Article 8 - LIABILITY |
|
||||||
|
|
||||||
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled |
|
||||||
to claim compensation for any direct loss it may have suffered from the Software |
|
||||||
as a result of a fault on the part of the relevant Licensor, subject to providing |
|
||||||
evidence thereof. |
|
||||||
|
|
||||||
8.2 The Licensor's liability is limited to the commitments made under this |
|
||||||
Agreement and shall not be incurred as a result of in particular: (i) loss |
|
||||||
due the Licensee's total or partial failure to fulfill its obligations, (ii) |
|
||||||
direct or consequential loss that is suffered by the Licensee due to the use |
|
||||||
or performance of the Software, and (iii) more generally, any consequential |
|
||||||
loss. In particular the Parties expressly agree that any or all pecuniary |
|
||||||
or business loss (i.e. loss of data, loss of profits, operating loss, loss |
|
||||||
of customers or orders, opportunity cost, any disturbance to business activities) |
|
||||||
or any or all legal proceedings instituted against the Licensee by a third |
|
||||||
party, shall constitute consequential loss and shall not provide entitlement |
|
||||||
to any or all compensation from the Licensor. |
|
||||||
|
|
||||||
Article 9 - WARRANTY |
|
||||||
|
|
||||||
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art |
|
||||||
when the Software was distributed did not enable all possible uses to be tested |
|
||||||
and verified, nor for the presence of possible defects to be detected. In |
|
||||||
this respect, the Licensee's attention has been drawn to the risks associated |
|
||||||
with loading, using, modifying and/or developing and reproducing the Software |
|
||||||
which are reserved for experienced users. |
|
||||||
|
|
||||||
The Licensee shall be responsible for verifying, by any or all means, the |
|
||||||
suitability of the product for its requirements, its good working order, and |
|
||||||
for ensuring that it shall not cause damage to either persons or properties. |
|
||||||
|
|
||||||
9.2 The Licensor hereby represents, in good faith, that it is entitled to |
|
||||||
grant all the rights over the Software (including in particular the rights |
|
||||||
set forth in Article 5). |
|
||||||
|
|
||||||
9.3 The Licensee acknowledges that the Software is supplied "as is" by the |
|
||||||
Licensor without any other express or tacit warranty, other than that provided |
|
||||||
for in Article 9.2 and, in particular, without any warranty as to its commercial |
|
||||||
value, its secured, safe, innovative or relevant nature. |
|
||||||
|
|
||||||
Specifically, the Licensor does not warrant that the Software is free from |
|
||||||
any error, that it will operate without interruption, that it will be compatible |
|
||||||
with the Licensee's own equipment and software configuration, nor that it |
|
||||||
will meet the Licensee's requirements. |
|
||||||
|
|
||||||
9.4 The Licensor does not either expressly or tacitly warrant that the Software |
|
||||||
does not infringe any third party intellectual property right relating to |
|
||||||
a patent, software or any other property right. Therefore, the Licensor disclaims |
|
||||||
any and all liability towards the Licensee arising out of any or all proceedings |
|
||||||
for infringement that may be instituted in respect of the use, modification |
|
||||||
and redistribution of the Software. Nevertheless, should such proceedings |
|
||||||
be instituted against the Licensee, the Licensor shall provide it with technical |
|
||||||
and legal assistance for its defense. Such technical and legal assistance |
|
||||||
shall be decided on a case-by-case basis between the relevant Licensor and |
|
||||||
the Licensee pursuant to a memorandum of understanding. The Licensor disclaims |
|
||||||
any and all liability as regards the Licensee's use of the name of the Software. |
|
||||||
No warranty is given as regards the existence of prior rights over the name |
|
||||||
of the Software or as regards the existence of a trademark. |
|
||||||
|
|
||||||
Article 10 - TERMINATION |
|
||||||
|
|
||||||
10.1 In the event of a breach by the Licensee of its obligations hereunder, |
|
||||||
the Licensor may automatically terminate this Agreement thirty (30) days after |
|
||||||
notice has been sent to the Licensee and has remained ineffective. |
|
||||||
|
|
||||||
10.2 A Licensee whose Agreement is terminated shall no longer be authorized |
|
||||||
to use, modify or distribute the Software. However, any licenses that it may |
|
||||||
have granted prior to termination of the Agreement shall remain valid subject |
|
||||||
to their having been granted in compliance with the terms and conditions hereof. |
|
||||||
|
|
||||||
Article 11 - MISCELLANEOUS |
|
||||||
|
|
||||||
11.1 EXCUSABLE EVENTS |
The Agreement is drafted in both French and English and both versions |
||||||
|
are deemed authentic. |
||||||
|
|
||||||
Neither Party shall be liable for any or all delay, or failure to perform |
|
||||||
the Agreement, that may be attributable to an event of force majeure, an act |
|
||||||
of God or an outside cause, such as defective functioning or interruptions |
|
||||||
of the electricity or telecommunications networks, network paralysis following |
|
||||||
a virus attack, intervention by government authorities, natural disasters, |
|
||||||
water damage, earthquakes, fire, explosions, strikes and labor unrest, war, |
|
||||||
etc. |
|
||||||
|
|
||||||
11.2 Any failure by either Party, on one or more occasions, to invoke one |
|
||||||
or more of the provisions hereof, shall under no circumstances be interpreted |
|
||||||
as being a waiver by the interested Party of its right to invoke said provision(s) |
|
||||||
subsequently. |
|
||||||
|
|
||||||
11.3 The Agreement cancels and replaces any or all previous agreements, whether |
|
||||||
written or oral, between the Parties and having the same purpose, and constitutes |
|
||||||
the entirety of the agreement between said Parties concerning said purpose. |
|
||||||
No supplement or modification to the terms and conditions hereof shall be |
|
||||||
effective as between the Parties unless it is made in writing and signed by |
|
||||||
their duly authorized representatives. |
|
||||||
|
|
||||||
11.4 In the event that one or more of the provisions hereof were to conflict |
|
||||||
with a current or future applicable act or legislative text, said act or legislative |
|
||||||
text shall prevail, and the Parties shall make the necessary amendments so |
|
||||||
as to comply with said act or legislative text. All other provisions shall |
|
||||||
remain effective. Similarly, invalidity of a provision of the Agreement, for |
|
||||||
any reason whatsoever, shall not cause the Agreement as a whole to be invalid. |
|
||||||
|
|
||||||
11.5 LANGUAGE |
Article 12 - NEW VERSIONS OF THE AGREEMENT |
||||||
|
|
||||||
The Agreement is drafted in both French and English and both versions are |
12.1 Any person is authorized to duplicate and distribute copies of this |
||||||
deemed authentic. |
Agreement. |
||||||
|
|
||||||
Article 12 - NEW VERSIONS OF THE AGREEMENT |
12.2 So as to ensure coherence, the wording of this Agreement is |
||||||
|
protected and may only be modified by the authors of the License, who |
||||||
|
reserve the right to periodically publish updates or new versions of the |
||||||
|
Agreement, each with a separate number. These subsequent versions may |
||||||
|
address new issues encountered by Free Software. |
||||||
|
|
||||||
12.1 Any person is authorized to duplicate and distribute copies of this Agreement. |
12.3 Any Software distributed under a given version of the Agreement may |
||||||
|
only be subsequently distributed under the same version of the Agreement |
||||||
|
or a subsequent version. |
||||||
|
|
||||||
12.2 So as to ensure coherence, the wording of this Agreement is protected |
|
||||||
and may only be modified by the authors of the License, who reserve the right |
|
||||||
to periodically publish updates or new versions of the Agreement, each with |
|
||||||
a separate number. These subsequent versions may address new issues encountered |
|
||||||
by Free Software. |
|
||||||
|
|
||||||
12.3 Any Software distributed under a given version of the Agreement may only |
Article 13 - GOVERNING LAW AND JURISDICTION |
||||||
be subsequently distributed under the same version of the Agreement or a subsequent |
|
||||||
version. |
|
||||||
|
|
||||||
Article 13 - GOVERNING LAW AND JURISDICTION |
13.1 The Agreement is governed by French law. The Parties agree to |
||||||
|
endeavor to seek an amicable solution to any disagreements or disputes |
||||||
|
that may arise during the performance of the Agreement. |
||||||
|
|
||||||
13.1 The Agreement is governed by French law. The Parties agree to endeavor |
13.2 Failing an amicable solution within two (2) months as from their |
||||||
to seek an amicable solution to any disagreements or disputes that may arise |
occurrence, and unless emergency proceedings are necessary, the |
||||||
during the performance of the Agreement. |
disagreements or disputes shall be referred to the Paris Courts having |
||||||
|
jurisdiction, by the more diligent Party. |
||||||
|
|
||||||
13.2 Failing an amicable solution within two (2) months as from their occurrence, |
|
||||||
and unless emergency proceedings are necessary, the disagreements or disputes |
|
||||||
shall be referred to the Paris Courts having jurisdiction, by the more diligent |
|
||||||
Party. |
|
||||||
|
|
||||||
Version 1.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) |
Version 1.0 dated 2006-09-05. |
||||||
L(ibre) |
|
||||||
|
@ -1,487 +1,517 @@ |
|||||||
CeCILL-C FREE SOFTWARE LICENSE AGREEMENT Notice |
|
||||||
|
|
||||||
This Agreement is a Free Software license agreement that is the result of |
CeCILL-C FREE SOFTWARE LICENSE AGREEMENT |
||||||
discussions between its authors in order to ensure compliance with the two |
|
||||||
main principles guiding its drafting: |
|
||||||
|
|
||||||
* firstly, compliance with the principles governing the distribution of Free |
|
||||||
Software: access to source code, broad rights granted to users, |
|
||||||
|
|
||||||
* secondly, the election of a governing law, French law, with which it is |
Notice |
||||||
conformant, both as regards the law of torts and intellectual property law, |
|
||||||
and the protection that it offers to both authors and holders of the economic |
|
||||||
rights over software. |
|
||||||
|
|
||||||
The authors of the CeCILL¹ license are: |
This Agreement is a Free Software license agreement that is the result |
||||||
|
of discussions between its authors in order to ensure compliance with |
||||||
|
the two main principles guiding its drafting: |
||||||
|
|
||||||
|
* firstly, compliance with the principles governing the distribution |
||||||
|
of Free Software: access to source code, broad rights granted to |
||||||
|
users, |
||||||
|
* secondly, the election of a governing law, French law, with which |
||||||
|
it is conformant, both as regards the law of torts and |
||||||
|
intellectual property law, and the protection that it offers to |
||||||
|
both authors and holders of the economic rights over software. |
||||||
|
|
||||||
|
The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) |
||||||
|
license are: |
||||||
|
|
||||||
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and |
Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
||||||
industrial research establishment, having its principal place of business |
and industrial research establishment, having its principal place of |
||||||
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
||||||
|
|
||||||
|
Centre National de la Recherche Scientifique - CNRS, a public scientific |
||||||
|
and technological establishment, having its principal place of business |
||||||
|
at 3 rue Michel-Ange, 75794 Paris cedex 16, France. |
||||||
|
|
||||||
|
Institut National de Recherche en Informatique et en Automatique - |
||||||
|
INRIA, a public scientific and technological establishment, having its |
||||||
|
principal place of business at Domaine de Voluceau, Rocquencourt, BP |
||||||
|
105, 78153 Le Chesnay cedex, France. |
||||||
|
|
||||||
Centre National de la Recherche Scientifique - CNRS, a public scientific and |
|
||||||
technological establishment, having its principal place of business at 3 rue |
|
||||||
Michel-Ange, 75794 Paris cedex 16, France. |
|
||||||
|
|
||||||
|
Preamble |
||||||
|
|
||||||
|
The purpose of this Free Software license agreement is to grant users |
||||||
Institut National de Recherche en Informatique et en Automatique - INRIA, |
|
||||||
a public scientific and technological establishment, having its principal |
|
||||||
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay |
|
||||||
cedex, France. |
|
||||||
|
|
||||||
Preamble The purpose of this Free Software license agreement is to grant users |
|
||||||
the right to modify and re-use the software governed by this license. |
the right to modify and re-use the software governed by this license. |
||||||
|
|
||||||
The exercising of this right is conditional upon the obligation to make available |
The exercising of this right is conditional upon the obligation to make |
||||||
to the community the modifications made to the source code of the software |
available to the community the modifications made to the source code of |
||||||
so as to contribute to its evolution. |
the software so as to contribute to its evolution. |
||||||
|
|
||||||
In consideration of access to the source code and the rights to copy, modify |
|
||||||
and redistribute granted by the license, users are provided only with a limited |
|
||||||
warranty and the software's author, the holder of the economic rights, and |
|
||||||
the successive licensors only have limited liability. |
|
||||||
|
|
||||||
In this respect, the risks associated with loading, using, modifying and/or |
In consideration of access to the source code and the rights to copy, |
||||||
developing or reproducing the software by the user are brought to the user's |
modify and redistribute granted by the license, users are provided only |
||||||
attention, given its Free Software status, which may make it complicated to |
with a limited warranty and the software's author, the holder of the |
||||||
use, with the result that its use is reserved for developers and experienced |
economic rights, and the successive licensors only have limited liability. |
||||||
professionals having in-depth computer knowledge. Users are therefore encouraged |
|
||||||
to load and test the suitability of the software as regards their requirements |
|
||||||
in conditions enabling the security of their systems and/or data to be ensured |
|
||||||
and, more generally, to use and operate it in the same conditions of security. |
|
||||||
This Agreement may be freely reproduced and published, provided it is not |
|
||||||
altered, and that no provisions are either added or removed herefrom. |
|
||||||
|
|
||||||
This Agreement may apply to any or all software for which the holder of the |
In this respect, the risks associated with loading, using, modifying |
||||||
economic rights decides to submit the use thereof to its provisions. |
and/or developing or reproducing the software by the user are brought to |
||||||
|
the user's attention, given its Free Software status, which may make it |
||||||
|
complicated to use, with the result that its use is reserved for |
||||||
|
developers and experienced professionals having in-depth computer |
||||||
|
knowledge. Users are therefore encouraged to load and test the |
||||||
|
suitability of the software as regards their requirements in conditions |
||||||
|
enabling the security of their systems and/or data to be ensured and, |
||||||
|
more generally, to use and operate it in the same conditions of |
||||||
|
security. This Agreement may be freely reproduced and published, |
||||||
|
provided it is not altered, and that no provisions are either added or |
||||||
|
removed herefrom. |
||||||
|
|
||||||
Article 1 - DEFINITIONS |
This Agreement may apply to any or all software for which the holder of |
||||||
|
the economic rights decides to submit the use thereof to its provisions. |
||||||
|
|
||||||
For the purpose of this Agreement, when the following expressions commence |
|
||||||
with a capital letter, they shall have the following meaning: |
|
||||||
|
|
||||||
|
Article 1 - DEFINITIONS |
||||||
|
|
||||||
|
For the purpose of this Agreement, when the following expressions |
||||||
|
commence with a capital letter, they shall have the following meaning: |
||||||
|
|
||||||
Agreement: means this license agreement, and its possible subsequent versions |
Agreement: means this license agreement, and its possible subsequent |
||||||
and annexes. |
versions and annexes. |
||||||
|
|
||||||
|
Software: means the software in its Object Code and/or Source Code form |
||||||
|
and, where applicable, its documentation, "as is" when the Licensee |
||||||
|
accepts the Agreement. |
||||||
|
|
||||||
|
Initial Software: means the Software in its Source Code and possibly its |
||||||
|
Object Code form and, where applicable, its documentation, "as is" when |
||||||
|
it is first distributed under the terms and conditions of the Agreement. |
||||||
|
|
||||||
Software: means the software in its Object Code and/or Source Code form and, |
Modified Software: means the Software modified by at least one |
||||||
where applicable, its documentation, "as is" when the Licensee accepts the |
Integrated Contribution. |
||||||
Agreement. |
|
||||||
|
|
||||||
|
|
||||||
|
Source Code: means all the Software's instructions and program lines to |
||||||
|
which access is required so as to modify the Software. |
||||||
|
|
||||||
Initial Software: means the Software in its Source Code and possibly its Object |
Object Code: means the binary files originating from the compilation of |
||||||
Code form and, where applicable, its documentation, "as is" when it is first |
the Source Code. |
||||||
distributed under the terms and conditions of the Agreement. |
|
||||||
|
|
||||||
|
Holder: means the holder(s) of the economic rights over the Initial |
||||||
|
Software. |
||||||
|
|
||||||
|
Licensee: means the Software user(s) having accepted the Agreement. |
||||||
|
|
||||||
Modified Software: means the Software modified by at least one Integrated |
Contributor: means a Licensee having made at least one Integrated |
||||||
Contribution. |
Contribution. |
||||||
|
|
||||||
|
Licensor: means the Holder, or any other individual or legal entity, who |
||||||
|
distributes the Software under the Agreement. |
||||||
|
|
||||||
|
Integrated Contribution: means any or all modifications, corrections, |
||||||
|
translations, adaptations and/or new functions integrated into the |
||||||
|
Source Code by any or all Contributors. |
||||||
|
|
||||||
Source Code: means all the Software's instructions and program lines to which |
Related Module: means a set of sources files including their |
||||||
access is required so as to modify the Software. |
documentation that, without modification to the Source Code, enables |
||||||
|
supplementary functions or services in addition to those offered by the |
||||||
|
Software. |
||||||
|
|
||||||
|
Derivative Software: means any combination of the Software, modified or |
||||||
|
not, and of a Related Module. |
||||||
|
|
||||||
|
Parties: mean both the Licensee and the Licensor. |
||||||
|
|
||||||
Object Code: means the binary files originating from the compilation of the |
These expressions may be used both in singular and plural form. |
||||||
Source Code. |
|
||||||
|
|
||||||
|
|
||||||
|
Article 2 - PURPOSE |
||||||
|
|
||||||
Holder: means the holder(s) of the economic rights over the Initial Software. |
The purpose of the Agreement is the grant by the Licensor to the |
||||||
|
Licensee of a non-exclusive, transferable and worldwide license for the |
||||||
|
Software as set forth in Article 5 hereinafter for the whole term of the |
||||||
|
protection granted by the rights over said Software. |
||||||
|
|
||||||
|
|
||||||
|
Article 3 - ACCEPTANCE |
||||||
|
|
||||||
Licensee: means the Software user(s) having accepted the Agreement. |
3.1 The Licensee shall be deemed as having accepted the terms and |
||||||
|
conditions of this Agreement upon the occurrence of the first of the |
||||||
|
following events: |
||||||
|
|
||||||
|
* (i) loading the Software by any or all means, notably, by |
||||||
|
downloading from a remote server, or by loading from a physical |
||||||
|
medium; |
||||||
|
* (ii) the first time the Licensee exercises any of the rights |
||||||
|
granted hereunder. |
||||||
|
|
||||||
|
3.2 One copy of the Agreement, containing a notice relating to the |
||||||
|
characteristics of the Software, to the limited warranty, and to the |
||||||
|
fact that its use is restricted to experienced users has been provided |
||||||
|
to the Licensee prior to its acceptance as set forth in Article 3.1 |
||||||
|
hereinabove, and the Licensee hereby acknowledges that it has read and |
||||||
|
understood it. |
||||||
|
|
||||||
Contributor: means a Licensee having made at least one Integrated Contribution. |
|
||||||
|
|
||||||
|
Article 4 - EFFECTIVE DATE AND TERM |
||||||
|
|
||||||
|
|
||||||
Licensor: means the Holder, or any other individual or legal entity, who distributes |
4.1 EFFECTIVE DATE |
||||||
the Software under the Agreement. |
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
Integrated Contribution: means any or all modifications, corrections, translations, |
The Agreement shall become effective on the date when it is accepted by |
||||||
adaptations and/or new functions integrated into the Source Code by any or |
the Licensee as set forth in Article 3.1. |
||||||
all Contributors. |
|
||||||
|
|
||||||
|
|
||||||
|
4.2 TERM |
||||||
|
|
||||||
Related Module: means a set of sources files including their documentation |
The Agreement shall remain in force for the entire legal term of |
||||||
that, without modification to the Source Code, enables supplementary functions |
protection of the economic rights over the Software. |
||||||
or services in addition to those offered by the Software. |
|
||||||
|
|
||||||
|
|
||||||
|
Article 5 - SCOPE OF RIGHTS GRANTED |
||||||
|
|
||||||
Derivative Software: means any combination of the Software, modified or not, |
The Licensor hereby grants to the Licensee, who accepts, the following |
||||||
and of a Related Module. |
rights over the Software for any or all use, and for the term of the |
||||||
|
Agreement, on the basis of the terms and conditions set forth hereinafter. |
||||||
|
|
||||||
|
Besides, if the Licensor owns or comes to own one or more patents |
||||||
|
protecting all or part of the functions of the Software or of its |
||||||
|
components, the Licensor undertakes not to enforce the rights granted by |
||||||
|
these patents against successive Licensees using, exploiting or |
||||||
|
modifying the Software. If these patents are transferred, the Licensor |
||||||
|
undertakes to have the transferees subscribe to the obligations set |
||||||
|
forth in this paragraph. |
||||||
|
|
||||||
|
|
||||||
Parties: mean both the Licensee and the Licensor. |
5.1 RIGHT OF USE |
||||||
|
|
||||||
These expressions may be used both in singular and plural form. |
The Licensee is authorized to use the Software, without any limitation |
||||||
|
as to its fields of application, with it being hereinafter specified |
||||||
|
that this comprises: |
||||||
|
|
||||||
Article 2 - PURPOSE |
1. permanent or temporary reproduction of all or part of the Software |
||||||
|
by any or all means and in any or all form. |
||||||
|
|
||||||
The purpose of the Agreement is the grant by the Licensor to the Licensee |
2. loading, displaying, running, or storing the Software on any or |
||||||
of a non-exclusive, transferable and worldwide license for the Software as |
all medium. |
||||||
set forth in Article 5 hereinafter for the whole term of the protection granted |
|
||||||
by the rights over said Software. |
|
||||||
|
|
||||||
Article 3 - ACCEPTANCE |
3. entitlement to observe, study or test its operation so as to |
||||||
|
determine the ideas and principles behind any or all constituent |
||||||
|
elements of said Software. This shall apply when the Licensee |
||||||
|
carries out any or all loading, displaying, running, transmission |
||||||
|
or storage operation as regards the Software, that it is entitled |
||||||
|
to carry out hereunder. |
||||||
|
|
||||||
3.1 The Licensee shall be deemed as having accepted the terms and conditions |
|
||||||
of this Agreement upon the occurrence of the first of the following events: |
|
||||||
|
|
||||||
(i) loading the Software by any or all means, notably, by downloading from |
5.2 RIGHT OF MODIFICATION |
||||||
a remote server, or by loading from a physical medium; |
|
||||||
|
|
||||||
(ii) the first time the Licensee exercises any of the rights granted hereunder. |
The right of modification includes the right to translate, adapt, |
||||||
|
arrange, or make any or all modifications to the Software, and the right |
||||||
|
to reproduce the resulting software. It includes, in particular, the |
||||||
|
right to create a Derivative Software. |
||||||
|
|
||||||
3.2 One copy of the Agreement, containing a notice relating to the characteristics |
The Licensee is authorized to make any or all modification to the |
||||||
of the Software, to the limited warranty, and to the fact that its use is |
Software provided that it includes an explicit notice that it is the |
||||||
restricted to experienced users has been provided to the Licensee prior to |
author of said modification and indicates the date of the creation thereof. |
||||||
its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby |
|
||||||
acknowledges that it has read and understood it. |
|
||||||
|
|
||||||
Article 4 - EFFECTIVE DATE AND TERM |
|
||||||
|
|
||||||
4.1 EFFECTIVE DATE |
5.3 RIGHT OF DISTRIBUTION |
||||||
|
|
||||||
The Agreement shall become effective on the date when it is accepted by the |
In particular, the right of distribution includes the right to publish, |
||||||
Licensee as set forth in Article 3.1. |
transmit and communicate the Software to the general public on any or |
||||||
|
all medium, and by any or all means, and the right to market, either in |
||||||
|
consideration of a fee, or free of charge, one or more copies of the |
||||||
|
Software by any means. |
||||||
|
|
||||||
4.2 TERM |
The Licensee is further authorized to distribute copies of the modified |
||||||
|
or unmodified Software to third parties according to the terms and |
||||||
|
conditions set forth hereinafter. |
||||||
|
|
||||||
The Agreement shall remain in force for the entire legal term of protection |
|
||||||
of the economic rights over the Software. |
|
||||||
|
|
||||||
Article 5 - SCOPE OF RIGHTS GRANTED |
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||||
|
|
||||||
The Licensor hereby grants to the Licensee, who accepts, the following rights |
The Licensee is authorized to distribute true copies of the Software in |
||||||
over the Software for any or all use, and for the term of the Agreement, on |
Source Code or Object Code form, provided that said distribution |
||||||
the basis of the terms and conditions set forth hereinafter. |
complies with all the provisions of the Agreement and is accompanied by: |
||||||
|
|
||||||
Besides, if the Licensor owns or comes to own one or more patents protecting |
1. a copy of the Agreement, |
||||||
all or part of the functions of the Software or of its components, the Licensor |
|
||||||
undertakes not to enforce the rights granted by these patents against successive |
|
||||||
Licensees using, exploiting or modifying the Software. If these patents are |
|
||||||
transferred, the Licensor undertakes to have the transferees subscribe to |
|
||||||
the obligations set forth in this paragraph. |
|
||||||
|
|
||||||
5.1 RIGHT OF USE |
2. a notice relating to the limitation of both the Licensor's |
||||||
|
warranty and liability as set forth in Articles 8 and 9, |
||||||
|
|
||||||
The Licensee is authorized to use the Software, without any limitation as |
and that, in the event that only the Object Code of the Software is |
||||||
to its fields of application, with it being hereinafter specified that this |
redistributed, the Licensee allows effective access to the full Source |
||||||
comprises: |
Code of the Software at a minimum during the entire period of its |
||||||
|
distribution of the Software, it being understood that the additional |
||||||
|
cost of acquiring the Source Code shall not exceed the cost of |
||||||
|
transferring the data. |
||||||
|
|
||||||
1. permanent or temporary reproduction of all or part of the Software by any |
|
||||||
or all means and in any or all form. |
|
||||||
|
|
||||||
2. loading, displaying, running, or storing the Software on any or all medium. |
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
||||||
|
|
||||||
3. entitlement to observe, study or test its operation so as to determine |
When the Licensee makes an Integrated Contribution to the Software, the |
||||||
the ideas and principles behind any or all constituent elements of said Software. |
terms and conditions for the distribution of the resulting Modified |
||||||
This shall apply when the Licensee carries out any or all loading, displaying, |
Software become subject to all the provisions of this Agreement. |
||||||
running, transmission or storage operation as regards the Software, that it |
|
||||||
is entitled to carry out hereunder. |
|
||||||
|
|
||||||
5.2 RIGHT OF MODIFICATION |
The Licensee is authorized to distribute the Modified Software, in |
||||||
|
source code or object code form, provided that said distribution |
||||||
|
complies with all the provisions of the Agreement and is accompanied by: |
||||||
|
|
||||||
The right of modification includes the right to translate, adapt, arrange, |
1. a copy of the Agreement, |
||||||
or make any or all modifications to the Software, and the right to reproduce |
|
||||||
the resulting software. It includes, in particular, the right to create a |
|
||||||
Derivative Software. |
|
||||||
|
|
||||||
The Licensee is authorized to make any or all modification to the Software |
2. a notice relating to the limitation of both the Licensor's |
||||||
provided that it includes an explicit notice that it is the author of said |
warranty and liability as set forth in Articles 8 and 9, |
||||||
modification and indicates the date of the creation thereof. |
|
||||||
|
|
||||||
5.3 RIGHT OF DISTRIBUTION |
and that, in the event that only the object code of the Modified |
||||||
|
Software is redistributed, the Licensee allows effective access to the |
||||||
|
full source code of the Modified Software at a minimum during the entire |
||||||
|
period of its distribution of the Modified Software, it being understood |
||||||
|
that the additional cost of acquiring the source code shall not exceed |
||||||
|
the cost of transferring the data. |
||||||
|
|
||||||
In particular, the right of distribution includes the right to publish, transmit |
|
||||||
and communicate the Software to the general public on any or all medium, and |
|
||||||
by any or all means, and the right to market, either in consideration of a |
|
||||||
fee, or free of charge, one or more copies of the Software by any means. |
|
||||||
|
|
||||||
The Licensee is further authorized to distribute copies of the modified or |
5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE |
||||||
unmodified Software to third parties according to the terms and conditions |
|
||||||
set forth hereinafter. |
|
||||||
|
|
||||||
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
When the Licensee creates Derivative Software, this Derivative Software |
||||||
|
may be distributed under a license agreement other than this Agreement, |
||||||
|
subject to compliance with the requirement to include a notice |
||||||
|
concerning the rights over the Software as defined in Article 6.4. |
||||||
|
In the event the creation of the Derivative Software required modification |
||||||
|
of the Source Code, the Licensee undertakes that: |
||||||
|
|
||||||
The Licensee is authorized to distribute true copies of the Software in Source |
1. the resulting Modified Software will be governed by this Agreement, |
||||||
Code or Object Code form, provided that said distribution complies with all |
2. the Integrated Contributions in the resulting Modified Software |
||||||
the provisions of the Agreement and is accompanied by: |
will be clearly identified and documented, |
||||||
|
3. the Licensee will allow effective access to the source code of the |
||||||
|
Modified Software, at a minimum during the entire period of |
||||||
|
distribution of the Derivative Software, such that such |
||||||
|
modifications may be carried over in a subsequent version of the |
||||||
|
Software; it being understood that the additional cost of |
||||||
|
purchasing the source code of the Modified Software shall not |
||||||
|
exceed the cost of transferring the data. |
||||||
|
|
||||||
1. a copy of the Agreement, |
|
||||||
|
|
||||||
2. a notice relating to the limitation of both the Licensor's warranty and |
5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE |
||||||
liability as set forth in Articles 8 and 9, |
|
||||||
|
|
||||||
and that, in the event that only the Object Code of the Software is redistributed, |
When a Modified Software contains an Integrated Contribution subject to |
||||||
the Licensee allows effective access to the full Source Code of the Software |
the CeCILL license agreement, or when a Derivative Software contains a |
||||||
at a minimum during the entire period of its distribution of the Software, |
Related Module subject to the CeCILL license agreement, the provisions |
||||||
it being understood that the additional cost of acquiring the Source Code |
set forth in the third item of Article 6.4 are optional. |
||||||
shall not exceed the cost of transferring the data. |
|
||||||
|
|
||||||
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE |
|
||||||
|
|
||||||
When the Licensee makes an Integrated Contribution to the Software, the terms |
Article 6 - INTELLECTUAL PROPERTY |
||||||
and conditions for the distribution of the resulting Modified Software become |
|
||||||
subject to all the provisions of this Agreement. |
|
||||||
|
|
||||||
The Licensee is authorized to distribute the Modified Software, in source |
|
||||||
code or object code form, provided that said distribution complies with all |
|
||||||
the provisions of the Agreement and is accompanied by: |
|
||||||
|
|
||||||
1. a copy of the Agreement, |
6.1 OVER THE INITIAL SOFTWARE |
||||||
|
|
||||||
2. a notice relating to the limitation of both the Licensor's warranty and |
|
||||||
liability as set forth in Articles 8 and 9, |
|
||||||
|
|
||||||
and that, in the event that only the object code of the Modified Software |
|
||||||
is redistributed, the Licensee allows effective access to the full source |
|
||||||
code of the Modified Software at a minimum during the entire period of its |
|
||||||
distribution of the Modified Software, it being understood that the additional |
|
||||||
cost of acquiring the source code shall not exceed the cost of transferring |
|
||||||
the data. |
|
||||||
|
|
||||||
5.3.3. DISTRIBUTION OF DERIVATIVE SOFTWARE |
|
||||||
|
|
||||||
When the Licensee creates Derivative Software, this Derivative Software may |
The Holder owns the economic rights over the Initial Software. Any or |
||||||
be distributed under a license agreement other than this Agreement, subject |
all use of the Initial Software is subject to compliance with the terms |
||||||
to compliance with the requirement to include a notice concerning the rights |
and conditions under which the Holder has elected to distribute its work |
||||||
over the Software as defined in Article 6.4. In the event the creation of |
and no one shall be entitled to modify the terms and conditions for the |
||||||
the Derivative Software required modification of the Source Code, the Licensee |
distribution of said Initial Software. |
||||||
undertakes that: |
|
||||||
|
|
||||||
1. the resulting Modified Software will be governed by this Agreement, |
The Holder undertakes that the Initial Software will remain ruled at |
||||||
|
least by this Agreement, for the duration set forth in Article 4.2. |
||||||
|
|
||||||
2. the Integrated Contributions in the resulting Modified Software will be |
|
||||||
clearly identified and documented, |
|
||||||
|
|
||||||
3. the Licensee will allow effective access to the source code of the Modified |
6.2 OVER THE INTEGRATED CONTRIBUTIONS |
||||||
Software, at a minimum during the entire period of distribution of the Derivative |
|
||||||
Software, such that such modifications may be carried over in a subsequent |
|
||||||
version of the Software; it being understood that the additional cost of purchasing |
|
||||||
the source code of the Modified Software shall not exceed the cost of transferring |
|
||||||
the data. |
|
||||||
|
|
||||||
5.3.4. COMPATIBILITY WITH THE CeCILL LICENSE |
The Licensee who develops an Integrated Contribution is the owner of the |
||||||
|
intellectual property rights over this Contribution as defined by |
||||||
|
applicable law. |
||||||
|
|
||||||
When a Modified Software contains an Integrated Contribution subject to the |
|
||||||
CeCILL license agreement, or when a Derivative Software contains a Related |
|
||||||
Module subject to the CeCILL license agreement, the provisions set forth in |
|
||||||
the third item of Article 6.4 are optional. |
|
||||||
|
|
||||||
Article 6 - INTELLECTUAL PROPERTY |
6.3 OVER THE RELATED MODULES |
||||||
|
|
||||||
6.1 OVER THE INITIAL SOFTWARE |
The Licensee who develops a Related Module is the owner of the |
||||||
|
intellectual property rights over this Related Module as defined by |
||||||
|
applicable law and is free to choose the type of agreement that shall |
||||||
|
govern its distribution under the conditions defined in Article 5.3.3. |
||||||
|
|
||||||
The Holder owns the economic rights over the Initial Software. Any or all |
|
||||||
use of the Initial Software is subject to compliance with the terms and conditions |
|
||||||
under which the Holder has elected to distribute its work and no one shall |
|
||||||
be entitled to modify the terms and conditions for the distribution of said |
|
||||||
Initial Software. |
|
||||||
|
|
||||||
The Holder undertakes that the Initial Software will remain ruled at least |
6.4 NOTICE OF RIGHTS |
||||||
by this Agreement, for the duration set forth in Article 4.2. |
|
||||||
|
|
||||||
6.2 OVER THE INTEGRATED CONTRIBUTIONS |
The Licensee expressly undertakes: |
||||||
|
|
||||||
|
1. not to remove, or modify, in any manner, the intellectual property |
||||||
|
notices attached to the Software; |
||||||
|
|
||||||
|
2. to reproduce said notices, in an identical manner, in the copies |
||||||
|
of the Software modified or not; |
||||||
|
|
||||||
|
3. to ensure that use of the Software, its intellectual property |
||||||
|
notices and the fact that it is governed by the Agreement is |
||||||
|
indicated in a text that is easily accessible, specifically from |
||||||
|
the interface of any Derivative Software. |
||||||
|
|
||||||
|
The Licensee undertakes not to directly or indirectly infringe the |
||||||
|
intellectual property rights of the Holder and/or Contributors on the |
||||||
|
Software and to take, where applicable, vis-à-vis its staff, any and all |
||||||
|
measures required to ensure respect of said intellectual property rights |
||||||
|
of the Holder and/or Contributors. |
||||||
|
|
||||||
|
|
||||||
|
Article 7 - RELATED SERVICES |
||||||
|
|
||||||
|
7.1 Under no circumstances shall the Agreement oblige the Licensor to |
||||||
|
provide technical assistance or maintenance services for the Software. |
||||||
|
|
||||||
|
However, the Licensor is entitled to offer this type of services. The |
||||||
|
terms and conditions of such technical assistance, and/or such |
||||||
|
maintenance, shall be set forth in a separate instrument. Only the |
||||||
|
Licensor offering said maintenance and/or technical assistance services |
||||||
|
shall incur liability therefor. |
||||||
|
|
||||||
|
7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
||||||
|
its sole responsibility, a warranty, that shall only be binding upon |
||||||
|
itself, for the redistribution of the Software and/or the Modified |
||||||
|
Software, under terms and conditions that it is free to decide. Said |
||||||
|
warranty, and the financial terms and conditions of its application, |
||||||
|
shall be subject of a separate instrument executed between the Licensor |
||||||
|
and the Licensee. |
||||||
|
|
||||||
|
|
||||||
|
Article 8 - LIABILITY |
||||||
|
|
||||||
|
8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
||||||
|
entitled to claim compensation for any direct loss it may have suffered |
||||||
|
from the Software as a result of a fault on the part of the relevant |
||||||
|
Licensor, subject to providing evidence thereof. |
||||||
|
|
||||||
|
8.2 The Licensor's liability is limited to the commitments made under |
||||||
|
this Agreement and shall not be incurred as a result of in particular: |
||||||
|
(i) loss due the Licensee's total or partial failure to fulfill its |
||||||
|
obligations, (ii) direct or consequential loss that is suffered by the |
||||||
|
Licensee due to the use or performance of the Software, and (iii) more |
||||||
|
generally, any consequential loss. In particular the Parties expressly |
||||||
|
agree that any or all pecuniary or business loss (i.e. loss of data, |
||||||
|
loss of profits, operating loss, loss of customers or orders, |
||||||
|
opportunity cost, any disturbance to business activities) or any or all |
||||||
|
legal proceedings instituted against the Licensee by a third party, |
||||||
|
shall constitute consequential loss and shall not provide entitlement to |
||||||
|
any or all compensation from the Licensor. |
||||||
|
|
||||||
|
|
||||||
|
Article 9 - WARRANTY |
||||||
|
|
||||||
|
9.1 The Licensee acknowledges that the scientific and technical |
||||||
|
state-of-the-art when the Software was distributed did not enable all |
||||||
|
possible uses to be tested and verified, nor for the presence of |
||||||
|
possible defects to be detected. In this respect, the Licensee's |
||||||
|
attention has been drawn to the risks associated with loading, using, |
||||||
|
modifying and/or developing and reproducing the Software which are |
||||||
|
reserved for experienced users. |
||||||
|
|
||||||
|
The Licensee shall be responsible for verifying, by any or all means, |
||||||
|
the suitability of the product for its requirements, its good working |
||||||
|
order, and for ensuring that it shall not cause damage to either persons |
||||||
|
or properties. |
||||||
|
|
||||||
|
9.2 The Licensor hereby represents, in good faith, that it is entitled |
||||||
|
to grant all the rights over the Software (including in particular the |
||||||
|
rights set forth in Article 5). |
||||||
|
|
||||||
|
9.3 The Licensee acknowledges that the Software is supplied "as is" by |
||||||
|
the Licensor without any other express or tacit warranty, other than |
||||||
|
that provided for in Article 9.2 and, in particular, without any warranty |
||||||
|
as to its commercial value, its secured, safe, innovative or relevant |
||||||
|
nature. |
||||||
|
|
||||||
|
Specifically, the Licensor does not warrant that the Software is free |
||||||
|
from any error, that it will operate without interruption, that it will |
||||||
|
be compatible with the Licensee's own equipment and software |
||||||
|
configuration, nor that it will meet the Licensee's requirements. |
||||||
|
|
||||||
|
9.4 The Licensor does not either expressly or tacitly warrant that the |
||||||
|
Software does not infringe any third party intellectual property right |
||||||
|
relating to a patent, software or any other property right. Therefore, |
||||||
|
the Licensor disclaims any and all liability towards the Licensee |
||||||
|
arising out of any or all proceedings for infringement that may be |
||||||
|
instituted in respect of the use, modification and redistribution of the |
||||||
|
Software. Nevertheless, should such proceedings be instituted against |
||||||
|
the Licensee, the Licensor shall provide it with technical and legal |
||||||
|
assistance for its defense. Such technical and legal assistance shall be |
||||||
|
decided on a case-by-case basis between the relevant Licensor and the |
||||||
|
Licensee pursuant to a memorandum of understanding. The Licensor |
||||||
|
disclaims any and all liability as regards the Licensee's use of the |
||||||
|
name of the Software. No warranty is given as regards the existence of |
||||||
|
prior rights over the name of the Software or as regards the existence |
||||||
|
of a trademark. |
||||||
|
|
||||||
|
|
||||||
|
Article 10 - TERMINATION |
||||||
|
|
||||||
|
10.1 In the event of a breach by the Licensee of its obligations |
||||||
|
hereunder, the Licensor may automatically terminate this Agreement |
||||||
|
thirty (30) days after notice has been sent to the Licensee and has |
||||||
|
remained ineffective. |
||||||
|
|
||||||
|
10.2 A Licensee whose Agreement is terminated shall no longer be |
||||||
|
authorized to use, modify or distribute the Software. However, any |
||||||
|
licenses that it may have granted prior to termination of the Agreement |
||||||
|
shall remain valid subject to their having been granted in compliance |
||||||
|
with the terms and conditions hereof. |
||||||
|
|
||||||
|
|
||||||
|
Article 11 - MISCELLANEOUS |
||||||
|
|
||||||
The Licensee who develops an Integrated Contribution is the owner of the intellectual |
|
||||||
property rights over this Contribution as defined by applicable law. |
|
||||||
|
|
||||||
6.3 OVER THE RELATED MODULES |
11.1 EXCUSABLE EVENTS |
||||||
|
|
||||||
The Licensee who develops a Related Module is the owner of the intellectual |
Neither Party shall be liable for any or all delay, or failure to |
||||||
property rights over this Related Module as defined by applicable law and |
perform the Agreement, that may be attributable to an event of force |
||||||
is free to choose the type of agreement that shall govern its distribution |
majeure, an act of God or an outside cause, such as defective |
||||||
under the conditions defined in Article 5.3.3. |
functioning or interruptions of the electricity or telecommunications |
||||||
|
networks, network paralysis following a virus attack, intervention by |
||||||
|
government authorities, natural disasters, water damage, earthquakes, |
||||||
|
fire, explosions, strikes and labor unrest, war, etc. |
||||||
|
|
||||||
|
11.2 Any failure by either Party, on one or more occasions, to invoke |
||||||
|
one or more of the provisions hereof, shall under no circumstances be |
||||||
|
interpreted as being a waiver by the interested Party of its right to |
||||||
|
invoke said provision(s) subsequently. |
||||||
|
|
||||||
|
11.3 The Agreement cancels and replaces any or all previous agreements, |
||||||
|
whether written or oral, between the Parties and having the same |
||||||
|
purpose, and constitutes the entirety of the agreement between said |
||||||
|
Parties concerning said purpose. No supplement or modification to the |
||||||
|
terms and conditions hereof shall be effective as between the Parties |
||||||
|
unless it is made in writing and signed by their duly authorized |
||||||
|
representatives. |
||||||
|
|
||||||
|
11.4 In the event that one or more of the provisions hereof were to |
||||||
|
conflict with a current or future applicable act or legislative text, |
||||||
|
said act or legislative text shall prevail, and the Parties shall make |
||||||
|
the necessary amendments so as to comply with said act or legislative |
||||||
|
text. All other provisions shall remain effective. Similarly, invalidity |
||||||
|
of a provision of the Agreement, for any reason whatsoever, shall not |
||||||
|
cause the Agreement as a whole to be invalid. |
||||||
|
|
||||||
6.4 NOTICE OF RIGHTS |
|
||||||
|
|
||||||
The Licensee expressly undertakes: |
11.5 LANGUAGE |
||||||
|
|
||||||
1. not to remove, or modify, in any manner, the intellectual property notices |
|
||||||
attached to the Software; |
|
||||||
|
|
||||||
2. to reproduce said notices, in an identical manner, in the copies of the |
|
||||||
Software modified or not; |
|
||||||
|
|
||||||
3. to ensure that use of the Software, its intellectual property notices and |
|
||||||
the fact that it is governed by the Agreement is indicated in a text that |
|
||||||
is easily accessible, specifically from the interface of any Derivative Software. |
|
||||||
|
|
||||||
The Licensee undertakes not to directly or indirectly infringe the intellectual |
|
||||||
property rights of the Holder and/or Contributors on the Software and to take, |
|
||||||
where applicable, vis-à-vis its staff, any and all measures required to ensure |
|
||||||
respect of said intellectual property rights of the Holder and/or Contributors. |
|
||||||
|
|
||||||
Article 7 - RELATED SERVICES |
|
||||||
|
|
||||||
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide |
|
||||||
technical assistance or maintenance services for the Software. |
|
||||||
|
|
||||||
However, the Licensor is entitled to offer this type of services. The terms |
|
||||||
and conditions of such technical assistance, and/or such maintenance, shall |
|
||||||
be set forth in a separate instrument. Only the Licensor offering said maintenance |
|
||||||
and/or technical assistance services shall incur liability therefor. |
|
||||||
|
|
||||||
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its |
|
||||||
sole responsibility, a warranty, that shall only be binding upon itself, for |
|
||||||
the redistribution of the Software and/or the Modified Software, under terms |
|
||||||
and conditions that it is free to decide. Said warranty, and the financial |
|
||||||
terms and conditions of its application, shall be subject of a separate instrument |
|
||||||
executed between the Licensor and the Licensee. |
|
||||||
|
|
||||||
Article 8 - LIABILITY |
|
||||||
|
|
||||||
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled |
|
||||||
to claim compensation for any direct loss it may have suffered from the Software |
|
||||||
as a result of a fault on the part of the relevant Licensor, subject to providing |
|
||||||
evidence thereof. |
|
||||||
|
|
||||||
8.2 The Licensor's liability is limited to the commitments made under this |
|
||||||
Agreement and shall not be incurred as a result of in particular: (i) loss |
|
||||||
due the Licensee's total or partial failure to fulfill its obligations, (ii) |
|
||||||
direct or consequential loss that is suffered by the Licensee due to the use |
|
||||||
or performance of the Software, and (iii) more generally, any consequential |
|
||||||
loss. In particular the Parties expressly agree that any or all pecuniary |
|
||||||
or business loss (i.e. loss of data, loss of profits, operating loss, loss |
|
||||||
of customers or orders, opportunity cost, any disturbance to business activities) |
|
||||||
or any or all legal proceedings instituted against the Licensee by a third |
|
||||||
party, shall constitute consequential loss and shall not provide entitlement |
|
||||||
to any or all compensation from the Licensor. |
|
||||||
|
|
||||||
Article 9 - WARRANTY |
|
||||||
|
|
||||||
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art |
|
||||||
when the Software was distributed did not enable all possible uses to be tested |
|
||||||
and verified, nor for the presence of possible defects to be detected. In |
|
||||||
this respect, the Licensee's attention has been drawn to the risks associated |
|
||||||
with loading, using, modifying and/or developing and reproducing the Software |
|
||||||
which are reserved for experienced users. |
|
||||||
|
|
||||||
The Licensee shall be responsible for verifying, by any or all means, the |
|
||||||
suitability of the product for its requirements, its good working order, and |
|
||||||
for ensuring that it shall not cause damage to either persons or properties. |
|
||||||
|
|
||||||
9.2 The Licensor hereby represents, in good faith, that it is entitled to |
|
||||||
grant all the rights over the Software (including in particular the rights |
|
||||||
set forth in Article 5). |
|
||||||
|
|
||||||
9.3 The Licensee acknowledges that the Software is supplied "as is" by the |
|
||||||
Licensor without any other express or tacit warranty, other than that provided |
|
||||||
for in Article 9.2 and, in particular, without any warranty as to its commercial |
|
||||||
value, its secured, safe, innovative or relevant nature. |
|
||||||
|
|
||||||
Specifically, the Licensor does not warrant that the Software is free from |
|
||||||
any error, that it will operate without interruption, that it will be compatible |
|
||||||
with the Licensee's own equipment and software configuration, nor that it |
|
||||||
will meet the Licensee's requirements. |
|
||||||
|
|
||||||
9.4 The Licensor does not either expressly or tacitly warrant that the Software |
|
||||||
does not infringe any third party intellectual property right relating to |
|
||||||
a patent, software or any other property right. Therefore, the Licensor disclaims |
|
||||||
any and all liability towards the Licensee arising out of any or all proceedings |
|
||||||
for infringement that may be instituted in respect of the use, modification |
|
||||||
and redistribution of the Software. Nevertheless, should such proceedings |
|
||||||
be instituted against the Licensee, the Licensor shall provide it with technical |
|
||||||
and legal assistance for its defense. Such technical and legal assistance |
|
||||||
shall be decided on a case-by-case basis between the relevant Licensor and |
|
||||||
the Licensee pursuant to a memorandum of understanding. The Licensor disclaims |
|
||||||
any and all liability as regards the Licensee's use of the name of the Software. |
|
||||||
No warranty is given as regards the existence of prior rights over the name |
|
||||||
of the Software or as regards the existence of a trademark. |
|
||||||
|
|
||||||
Article 10 - TERMINATION |
|
||||||
|
|
||||||
10.1 In the event of a breach by the Licensee of its obligations hereunder, |
|
||||||
the Licensor may automatically terminate this Agreement thirty (30) days after |
|
||||||
notice has been sent to the Licensee and has remained ineffective. |
|
||||||
|
|
||||||
10.2 A Licensee whose Agreement is terminated shall no longer be authorized |
|
||||||
to use, modify or distribute the Software. However, any licenses that it may |
|
||||||
have granted prior to termination of the Agreement shall remain valid subject |
|
||||||
to their having been granted in compliance with the terms and conditions hereof. |
|
||||||
|
|
||||||
Article 11 - MISCELLANEOUS |
|
||||||
|
|
||||||
11.1 EXCUSABLE EVENTS |
The Agreement is drafted in both French and English and both versions |
||||||
|
are deemed authentic. |
||||||
|
|
||||||
Neither Party shall be liable for any or all delay, or failure to perform |
|
||||||
the Agreement, that may be attributable to an event of force majeure, an act |
|
||||||
of God or an outside cause, such as defective functioning or interruptions |
|
||||||
of the electricity or telecommunications networks, network paralysis following |
|
||||||
a virus attack, intervention by government authorities, natural disasters, |
|
||||||
water damage, earthquakes, fire, explosions, strikes and labor unrest, war, |
|
||||||
etc. |
|
||||||
|
|
||||||
11.2 Any failure by either Party, on one or more occasions, to invoke one |
|
||||||
or more of the provisions hereof, shall under no circumstances be interpreted |
|
||||||
as being a waiver by the interested Party of its right to invoke said provision(s) |
|
||||||
subsequently. |
|
||||||
|
|
||||||
11.3 The Agreement cancels and replaces any or all previous agreements, whether |
|
||||||
written or oral, between the Parties and having the same purpose, and constitutes |
|
||||||
the entirety of the agreement between said Parties concerning said purpose. |
|
||||||
No supplement or modification to the terms and conditions hereof shall be |
|
||||||
effective as between the Parties unless it is made in writing and signed by |
|
||||||
their duly authorized representatives. |
|
||||||
|
|
||||||
11.4 In the event that one or more of the provisions hereof were to conflict |
|
||||||
with a current or future applicable act or legislative text, said act or legislative |
|
||||||
text shall prevail, and the Parties shall make the necessary amendments so |
|
||||||
as to comply with said act or legislative text. All other provisions shall |
|
||||||
remain effective. Similarly, invalidity of a provision of the Agreement, for |
|
||||||
any reason whatsoever, shall not cause the Agreement as a whole to be invalid. |
|
||||||
|
|
||||||
11.5 LANGUAGE |
Article 12 - NEW VERSIONS OF THE AGREEMENT |
||||||
|
|
||||||
The Agreement is drafted in both French and English and both versions are |
12.1 Any person is authorized to duplicate and distribute copies of this |
||||||
deemed authentic. |
Agreement. |
||||||
|
|
||||||
Article 12 - NEW VERSIONS OF THE AGREEMENT |
12.2 So as to ensure coherence, the wording of this Agreement is |
||||||
|
protected and may only be modified by the authors of the License, who |
||||||
|
reserve the right to periodically publish updates or new versions of the |
||||||
|
Agreement, each with a separate number. These subsequent versions may |
||||||
|
address new issues encountered by Free Software. |
||||||
|
|
||||||
12.1 Any person is authorized to duplicate and distribute copies of this Agreement. |
12.3 Any Software distributed under a given version of the Agreement may |
||||||
|
only be subsequently distributed under the same version of the Agreement |
||||||
|
or a subsequent version. |
||||||
|
|
||||||
12.2 So as to ensure coherence, the wording of this Agreement is protected |
|
||||||
and may only be modified by the authors of the License, who reserve the right |
|
||||||
to periodically publish updates or new versions of the Agreement, each with |
|
||||||
a separate number. These subsequent versions may address new issues encountered |
|
||||||
by Free Software. |
|
||||||
|
|
||||||
12.3 Any Software distributed under a given version of the Agreement may only |
Article 13 - GOVERNING LAW AND JURISDICTION |
||||||
be subsequently distributed under the same version of the Agreement or a subsequent |
|
||||||
version. |
|
||||||
|
|
||||||
Article 13 - GOVERNING LAW AND JURISDICTION |
13.1 The Agreement is governed by French law. The Parties agree to |
||||||
|
endeavor to seek an amicable solution to any disagreements or disputes |
||||||
|
that may arise during the performance of the Agreement. |
||||||
|
|
||||||
13.1 The Agreement is governed by French law. The Parties agree to endeavor |
13.2 Failing an amicable solution within two (2) months as from their |
||||||
to seek an amicable solution to any disagreements or disputes that may arise |
occurrence, and unless emergency proceedings are necessary, the |
||||||
during the performance of the Agreement. |
disagreements or disputes shall be referred to the Paris Courts having |
||||||
|
jurisdiction, by the more diligent Party. |
||||||
|
|
||||||
13.2 Failing an amicable solution within two (2) months as from their occurrence, |
|
||||||
and unless emergency proceedings are necessary, the disagreements or disputes |
|
||||||
shall be referred to the Paris Courts having jurisdiction, by the more diligent |
|
||||||
Party. |
|
||||||
|
|
||||||
Version 1.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) |
Version 1.0 dated 2006-09-05. |
||||||
L(ibre) |
|
||||||
|
@ -1,168 +1,199 @@ |
|||||||
CERN Open Hardware Licence Version 2 - Permissive |
CERN Open Hardware Licence Version 2 - Permissive |
||||||
|
|
||||||
|
|
||||||
Preamble |
Preamble |
||||||
|
|
||||||
CERN has developed this licence to promote collaboration among hardware designers |
CERN has developed this licence to promote collaboration among |
||||||
and to provide a legal tool which supports the freedom to use, study, modify, |
hardware designers and to provide a legal tool which supports the |
||||||
share and distribute hardware designs and products based on those designs. |
freedom to use, study, modify, share and distribute hardware designs |
||||||
Version 2 of the CERN Open Hardware Licence comes in three variants: this |
and products based on those designs. Version 2 of the CERN Open |
||||||
licence, CERN-OHL-P (permissive); and two reciprocal licences: CERN- OHL-W |
Hardware Licence comes in three variants: this licence, CERN-OHL-P |
||||||
(weakly reciprocal) and CERN-OHL-S (strongly reciprocal). |
(permissive); and two reciprocal licences: CERN- OHL-W (weakly |
||||||
|
reciprocal) and CERN-OHL-S (strongly reciprocal). |
||||||
|
|
||||||
|
The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in |
||||||
|
unmodified form only. |
||||||
|
|
||||||
The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in unmodified |
Use of this Licence does not imply any endorsement by CERN of any |
||||||
form only. |
Licensor or their designs nor does it imply any involvement by CERN in |
||||||
|
their development. |
||||||
|
|
||||||
Use of this Licence does not imply any endorsement by CERN of any Licensor |
|
||||||
or their designs nor does it imply any involvement by CERN in their development. |
|
||||||
|
|
||||||
1 Definitions |
1 Definitions |
||||||
|
|
||||||
1.1 'Licence' means this CERN-OHL-P. |
1.1 'Licence' means this CERN-OHL-P. |
||||||
|
|
||||||
1.2 'Source' means information such as design materials or digital code which |
1.2 'Source' means information such as design materials or digital |
||||||
can be applied to Make or test a Product or to prepare a Product for use, |
code which can be applied to Make or test a Product or to |
||||||
Conveyance or sale, regardless of its medium or how it is expressed. It may |
prepare a Product for use, Conveyance or sale, regardless of its |
||||||
include Notices. |
medium or how it is expressed. It may include Notices. |
||||||
|
|
||||||
1.3 'Covered Source' means Source that is explicitly made available under |
1.3 'Covered Source' means Source that is explicitly made available |
||||||
this Licence. |
under this Licence. |
||||||
|
|
||||||
1.4 'Product' means any device, component, work or physical object, whether |
1.4 'Product' means any device, component, work or physical object, |
||||||
in finished or intermediate form, arising from the use, application or processing |
whether in finished or intermediate form, arising from the use, |
||||||
of Covered Source. |
application or processing of Covered Source. |
||||||
|
|
||||||
1.5 'Make' means to create or configure something, whether by manufacture, |
1.5 'Make' means to create or configure something, whether by |
||||||
assembly, compiling, loading or applying Covered Source or another Product |
manufacture, assembly, compiling, loading or applying Covered |
||||||
or otherwise. |
Source or another Product or otherwise. |
||||||
|
|
||||||
1.6 'Notice' means copyright, acknowledgement and trademark notices, references |
1.6 'Notice' means copyright, acknowledgement and trademark notices, |
||||||
to the location of any Notices, modification notices (subsection 3.3(b)) and |
references to the location of any Notices, modification notices |
||||||
all notices that refer to this Licence and to the disclaimer of warranties |
(subsection 3.3(b)) and all notices that refer to this Licence |
||||||
that are included in the Covered Source. |
and to the disclaimer of warranties that are included in the |
||||||
|
Covered Source. |
||||||
|
|
||||||
1.7 'Licensee' or 'You' means any person exercising rights under this Licence. |
1.7 'Licensee' or 'You' means any person exercising rights under |
||||||
|
this Licence. |
||||||
|
|
||||||
1.8 'Licensor' means a person who creates Source or modifies Covered Source |
1.8 'Licensor' means a person who creates Source or modifies Covered |
||||||
and subsequently Conveys the resulting Covered Source under the terms and |
Source and subsequently Conveys the resulting Covered Source |
||||||
conditions of this Licence. A person may be a Licensee and a Licensor at the |
under the terms and conditions of this Licence. A person may be |
||||||
same time. |
a Licensee and a Licensor at the same time. |
||||||
|
|
||||||
1.9 'Convey' means to communicate to the public or distribute. |
1.9 'Convey' means to communicate to the public or distribute. |
||||||
|
|
||||||
2 Applicability |
|
||||||
|
|
||||||
2.1 This Licence governs the use, copying, modification, Conveying of Covered |
2 Applicability |
||||||
Source and Products, and the Making of Products. By exercising any right granted |
|
||||||
under this Licence, You irrevocably accept these terms and conditions. |
|
||||||
|
|
||||||
2.2 This Licence is granted by the Licensor directly to You, and shall apply |
2.1 This Licence governs the use, copying, modification, Conveying |
||||||
worldwide and without limitation in time. |
of Covered Source and Products, and the Making of Products. By |
||||||
|
exercising any right granted under this Licence, You irrevocably |
||||||
|
accept these terms and conditions. |
||||||
|
|
||||||
2.3 You shall not attempt to restrict by contract or otherwise the rights |
2.2 This Licence is granted by the Licensor directly to You, and |
||||||
granted under this Licence to other Licensees. |
shall apply worldwide and without limitation in time. |
||||||
|
|
||||||
2.4 This Licence is not intended to restrict fair use, fair dealing, or any |
2.3 You shall not attempt to restrict by contract or otherwise the |
||||||
other similar right. |
rights granted under this Licence to other Licensees. |
||||||
|
|
||||||
3 Copying, modifying and Conveying Covered Source |
2.4 This Licence is not intended to restrict fair use, fair dealing, |
||||||
|
or any other similar right. |
||||||
|
|
||||||
3.1 You may copy and Convey verbatim copies of Covered Source, in any medium, |
|
||||||
provided You retain all Notices. |
|
||||||
|
|
||||||
3.2 You may modify Covered Source, other than Notices. |
3 Copying, modifying and Conveying Covered Source |
||||||
|
|
||||||
You may only delete Notices if they are no longer applicable to the corresponding |
3.1 You may copy and Convey verbatim copies of Covered Source, in |
||||||
Covered Source as modified by You and You may add additional Notices applicable |
any medium, provided You retain all Notices. |
||||||
to Your modifications. |
|
||||||
|
|
||||||
3.3 You may Convey modified Covered Source (with the effect that You shall |
3.2 You may modify Covered Source, other than Notices. |
||||||
also become a Licensor) provided that You: |
|
||||||
|
|
||||||
a) retain Notices as required in subsection 3.2; and |
You may only delete Notices if they are no longer applicable to |
||||||
|
the corresponding Covered Source as modified by You and You may |
||||||
|
add additional Notices applicable to Your modifications. |
||||||
|
|
||||||
b) add a Notice to the modified Covered Source stating that You have modified |
3.3 You may Convey modified Covered Source (with the effect that You |
||||||
it, with the date and brief description of how You have modified it. |
shall also become a Licensor) provided that You: |
||||||
|
|
||||||
3.4 You may Convey Covered Source or modified Covered Source under licence |
a) retain Notices as required in subsection 3.2; and |
||||||
terms which differ from the terms of this Licence provided that: |
|
||||||
|
|
||||||
a) You comply at all times with subsection 3.3; and |
b) add a Notice to the modified Covered Source stating that You |
||||||
|
have modified it, with the date and brief description of how |
||||||
|
You have modified it. |
||||||
|
|
||||||
b) You provide a copy of this Licence to anyone to whom You Convey Covered |
3.4 You may Convey Covered Source or modified Covered Source under |
||||||
Source or modified Covered Source. |
licence terms which differ from the terms of this Licence |
||||||
|
provided that: |
||||||
|
|
||||||
4 Making and Conveying Products |
a) You comply at all times with subsection 3.3; and |
||||||
|
|
||||||
You may Make Products, and/or Convey them, provided that You ensure that the |
b) You provide a copy of this Licence to anyone to whom You |
||||||
recipient of the Product has access to any Notices applicable to the Product. |
Convey Covered Source or modified Covered Source. |
||||||
|
|
||||||
5 DISCLAIMER AND LIABILITY |
|
||||||
|
|
||||||
5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are provided |
4 Making and Conveying Products |
||||||
'as is' and any express or implied warranties, including, but not limited |
|
||||||
to, implied warranties of merchantability, of satisfactory quality, non-infringement |
You may Make Products, and/or Convey them, provided that You ensure |
||||||
of third party rights, and fitness for a particular purpose or use are disclaimed |
that the recipient of the Product has access to any Notices applicable |
||||||
in respect of any Source or Product to the maximum extent permitted by law. |
to the Product. |
||||||
The Licensor makes no representation that any Source or Product does not or |
|
||||||
will not infringe any patent, copyright, trade secret or other proprietary |
|
||||||
right. The entire risk as to the use, quality, and performance of any Source |
|
||||||
or Product shall be with You and not the Licensor. This disclaimer of warranty |
|
||||||
is an essential part of this Licence and a condition for the grant of any |
|
||||||
rights granted under this Licence. |
|
||||||
|
|
||||||
5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the maximum |
|
||||||
extent permitted by law, have no liability for direct, indirect, special, |
|
||||||
incidental, consequential, exemplary, punitive or other damages of any character |
|
||||||
including, without limitation, procurement of substitute goods or services, |
|
||||||
loss of use, data or profits, or business interruption, however caused and |
|
||||||
on any theory of contract, warranty, tort (including negligence), product |
|
||||||
liability or otherwise, arising in any way in relation to the Covered Source, |
|
||||||
modified Covered Source and/or the Making or Conveyance of a Product, even |
|
||||||
if advised of the possibility of such damages, and You shall hold the Licensor(s) |
|
||||||
free and harmless from any liability, costs, damages, fees and expenses, including |
|
||||||
claims by third parties, in relation to such use. |
|
||||||
|
|
||||||
6 Patents |
|
||||||
|
|
||||||
6.1 Subject to the terms and conditions of this Licence, each Licensor hereby |
5 DISCLAIMER AND LIABILITY |
||||||
grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, |
|
||||||
irrevocable (except as stated in this section 6, or where terminated by the |
|
||||||
Licensor for cause) patent license to Make, have Made, use, offer to sell, |
|
||||||
sell, import, and otherwise transfer the Covered Source and Products, where |
|
||||||
such licence applies only to those patent claims licensable by such Licensor |
|
||||||
that are necessarily infringed by exercising rights under the Covered Source |
|
||||||
as Conveyed by that Licensor. |
|
||||||
|
|
||||||
6.2 If You institute patent litigation against any entity (including a cross-claim |
|
||||||
or counterclaim in a lawsuit) alleging that the Covered Source or a Product |
|
||||||
constitutes direct or contributory patent infringement, or You seek any declaration |
|
||||||
that a patent licensed to You under this Licence is invalid or unenforceable |
|
||||||
then any rights granted to You under this Licence shall terminate as of the |
|
||||||
date such process is initiated. |
|
||||||
|
|
||||||
7 General |
5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products |
||||||
|
are provided 'as is' and any express or implied warranties, |
||||||
7.1 If any provisions of this Licence are or subsequently become invalid or |
including, but not limited to, implied warranties of |
||||||
unenforceable for any reason, the remaining provisions shall remain effective. |
merchantability, of satisfactory quality, non-infringement of |
||||||
|
third party rights, and fitness for a particular purpose or use |
||||||
7.2 You shall not use any of the name (including acronyms and abbreviations), |
are disclaimed in respect of any Source or Product to the |
||||||
image, or logo by which the Licensor or CERN is known, except where needed |
maximum extent permitted by law. The Licensor makes no |
||||||
to comply with section 3, or where the use is otherwise allowed by law. Any |
representation that any Source or Product does not or will not |
||||||
such permitted use shall be factual and shall not be made so as to suggest |
infringe any patent, copyright, trade secret or other |
||||||
any kind of endorsement or implication of involvement by the Licensor or its |
proprietary right. The entire risk as to the use, quality, and |
||||||
personnel. |
performance of any Source or Product shall be with You and not |
||||||
|
the Licensor. This disclaimer of warranty is an essential part |
||||||
7.3 CERN may publish updated versions and variants of this Licence which it |
of this Licence and a condition for the grant of any rights |
||||||
considers to be in the spirit of this version, but may differ in detail to |
granted under this Licence. |
||||||
address new problems or concerns. New versions will be published with a unique |
|
||||||
version number and a variant identifier specifying the variant. If the Licensor |
5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to |
||||||
has specified that a given variant applies to the Covered Source without specifying |
the maximum extent permitted by law, have no liability for |
||||||
a version, You may treat that Covered Source as being released under any version |
direct, indirect, special, incidental, consequential, exemplary, |
||||||
of the CERN-OHL with that variant. If no variant is specified, the Covered |
punitive or other damages of any character including, without |
||||||
Source shall be treated as being released under CERN-OHL-S. The Licensor may |
limitation, procurement of substitute goods or services, loss of |
||||||
also specify that the Covered Source is subject to a specific version of the |
use, data or profits, or business interruption, however caused |
||||||
CERN-OHL or any later version in which case You may apply this or any later |
and on any theory of contract, warranty, tort (including |
||||||
version of CERN-OHL with the same variant identifier published by CERN. |
negligence), product liability or otherwise, arising in any way |
||||||
|
in relation to the Covered Source, modified Covered Source |
||||||
7.4 This Licence shall not be enforceable except by a Licensor acting as such, |
and/or the Making or Conveyance of a Product, even if advised of |
||||||
and third party beneficiary rights are specifically excluded. |
the possibility of such damages, and You shall hold the |
||||||
|
Licensor(s) free and harmless from any liability, costs, |
||||||
|
damages, fees and expenses, including claims by third parties, |
||||||
|
in relation to such use. |
||||||
|
|
||||||
|
|
||||||
|
6 Patents |
||||||
|
|
||||||
|
6.1 Subject to the terms and conditions of this Licence, each |
||||||
|
Licensor hereby grants to You a perpetual, worldwide, |
||||||
|
non-exclusive, no-charge, royalty-free, irrevocable (except as |
||||||
|
stated in this section 6, or where terminated by the Licensor |
||||||
|
for cause) patent license to Make, have Made, use, offer to |
||||||
|
sell, sell, import, and otherwise transfer the Covered Source |
||||||
|
and Products, where such licence applies only to those patent |
||||||
|
claims licensable by such Licensor that are necessarily |
||||||
|
infringed by exercising rights under the Covered Source as |
||||||
|
Conveyed by that Licensor. |
||||||
|
|
||||||
|
6.2 If You institute patent litigation against any entity (including |
||||||
|
a cross-claim or counterclaim in a lawsuit) alleging that the |
||||||
|
Covered Source or a Product constitutes direct or contributory |
||||||
|
patent infringement, or You seek any declaration that a patent |
||||||
|
licensed to You under this Licence is invalid or unenforceable |
||||||
|
then any rights granted to You under this Licence shall |
||||||
|
terminate as of the date such process is initiated. |
||||||
|
|
||||||
|
|
||||||
|
7 General |
||||||
|
|
||||||
|
7.1 If any provisions of this Licence are or subsequently become |
||||||
|
invalid or unenforceable for any reason, the remaining |
||||||
|
provisions shall remain effective. |
||||||
|
|
||||||
|
7.2 You shall not use any of the name (including acronyms and |
||||||
|
abbreviations), image, or logo by which the Licensor or CERN is |
||||||
|
known, except where needed to comply with section 3, or where |
||||||
|
the use is otherwise allowed by law. Any such permitted use |
||||||
|
shall be factual and shall not be made so as to suggest any kind |
||||||
|
of endorsement or implication of involvement by the Licensor or |
||||||
|
its personnel. |
||||||
|
|
||||||
|
7.3 CERN may publish updated versions and variants of this Licence |
||||||
|
which it considers to be in the spirit of this version, but may |
||||||
|
differ in detail to address new problems or concerns. New |
||||||
|
versions will be published with a unique version number and a |
||||||
|
variant identifier specifying the variant. If the Licensor has |
||||||
|
specified that a given variant applies to the Covered Source |
||||||
|
without specifying a version, You may treat that Covered Source |
||||||
|
as being released under any version of the CERN-OHL with that |
||||||
|
variant. If no variant is specified, the Covered Source shall be |
||||||
|
treated as being released under CERN-OHL-S. The Licensor may |
||||||
|
also specify that the Covered Source is subject to a specific |
||||||
|
version of the CERN-OHL or any later version in which case You |
||||||
|
may apply this or any later version of CERN-OHL with the same |
||||||
|
variant identifier published by CERN. |
||||||
|
|
||||||
|
7.4 This Licence shall not be enforceable except by a Licensor |
||||||
|
acting as such, and third party beneficiary rights are |
||||||
|
specifically excluded. |
||||||
|
@ -1,240 +1,289 @@ |
|||||||
CERN Open Hardware Licence Version 2 - Strongly Reciprocal |
CERN Open Hardware Licence Version 2 - Strongly Reciprocal |
||||||
|
|
||||||
Preamble |
|
||||||
|
|
||||||
CERN has developed this licence to promote collaboration among hardware designers |
|
||||||
and to provide a legal tool which supports the freedom to use, study, modify, |
|
||||||
share and distribute hardware designs and products based on those designs. |
|
||||||
Version 2 of the CERN Open Hardware Licence comes in three variants: CERN-OHL-P |
|
||||||
(permissive); and two reciprocal licences: CERN-OHL-W (weakly reciprocal) |
|
||||||
and this licence, CERN-OHL-S (strongly reciprocal). |
|
||||||
|
|
||||||
The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in unmodified |
|
||||||
form only. |
|
||||||
|
|
||||||
Use of this Licence does not imply any endorsement by CERN of any Licensor |
|
||||||
or their designs nor does it imply any involvement by CERN in their development. |
|
||||||
|
|
||||||
1 Definitions |
Preamble |
||||||
|
|
||||||
1.1 'Licence' means this CERN-OHL-S. |
|
||||||
|
|
||||||
1.2 'Compatible Licence' means |
|
||||||
|
|
||||||
a) any earlier version of the CERN Open Hardware licence, or |
|
||||||
|
|
||||||
b) any version of the CERN-OHL-S, or |
CERN has developed this licence to promote collaboration among |
||||||
|
hardware designers and to provide a legal tool which supports the |
||||||
|
freedom to use, study, modify, share and distribute hardware designs |
||||||
|
and products based on those designs. Version 2 of the CERN Open |
||||||
|
Hardware Licence comes in three variants: CERN-OHL-P (permissive); and |
||||||
|
two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this |
||||||
|
licence, CERN-OHL-S (strongly reciprocal). |
||||||
|
|
||||||
c) any licence which permits You to treat the Source to which it applies as |
The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in |
||||||
licensed under CERN-OHL-S provided that on Conveyance of any such Source, |
unmodified form only. |
||||||
or any associated Product You treat the Source in question as being licensed |
|
||||||
under CERN-OHL-S. |
|
||||||
|
|
||||||
1.3 'Source' means information such as design materials or digital code which |
Use of this Licence does not imply any endorsement by CERN of any |
||||||
can be applied to Make or test a Product or to prepare a Product for use, |
Licensor or their designs nor does it imply any involvement by CERN in |
||||||
Conveyance or sale, regardless of its medium or how it is expressed. It may |
their development. |
||||||
include Notices. |
|
||||||
|
|
||||||
1.4 'Covered Source' means Source that is explicitly made available under |
|
||||||
this Licence. |
|
||||||
|
|
||||||
1.5 'Product' means any device, component, work or physical object, whether |
1 Definitions |
||||||
in finished or intermediate form, arising from the use, application or processing |
|
||||||
of Covered Source. |
|
||||||
|
|
||||||
1.6 'Make' means to create or configure something, whether by manufacture, |
1.1 'Licence' means this CERN-OHL-S. |
||||||
assembly, compiling, loading or applying Covered Source or another Product |
|
||||||
or otherwise. |
|
||||||
|
|
||||||
1.7 'Available Component' means any part, sub-assembly, library or code which: |
1.2 'Compatible Licence' means |
||||||
|
|
||||||
a) is licensed to You as Complete Source under a Compatible Licence; or |
a) any earlier version of the CERN Open Hardware licence, or |
||||||
|
|
||||||
b) is available, at the time a Product or the Source containing it is first |
b) any version of the CERN-OHL-S, or |
||||||
Conveyed, to You and any other prospective licensees |
|
||||||
|
|
||||||
i) as a physical part with sufficient rights and information (including any |
c) any licence which permits You to treat the Source to which |
||||||
configuration and programming files and information about its characteristics |
it applies as licensed under CERN-OHL-S provided that on |
||||||
and interfaces) to enable it either to be Made itself, or to be sourced and |
Conveyance of any such Source, or any associated Product You |
||||||
used to Make the Product; or |
treat the Source in question as being licensed under |
||||||
|
CERN-OHL-S. |
||||||
|
|
||||||
ii) as part of the normal distribution of a tool used to design or Make the |
1.3 'Source' means information such as design materials or digital |
||||||
Product. |
code which can be applied to Make or test a Product or to |
||||||
|
prepare a Product for use, Conveyance or sale, regardless of its |
||||||
|
medium or how it is expressed. It may include Notices. |
||||||
|
|
||||||
1.8 'Complete Source' means the set of all Source necessary to Make a Product, |
1.4 'Covered Source' means Source that is explicitly made available |
||||||
in the preferred form for making modifications, including necessary installation |
under this Licence. |
||||||
and interfacing information both for the Product, and for any included Available |
|
||||||
Components. If the format is proprietary, it must also be made available in |
|
||||||
a format (if the proprietary tool can create it) which is viewable with a |
|
||||||
tool available to potential licensees and licensed under a licence approved |
|
||||||
by the Free Software Foundation or the Open Source Initiative. Complete Source |
|
||||||
need not include the Source of any Available Component, provided that You |
|
||||||
include in the Complete Source sufficient information to enable a recipient |
|
||||||
to Make or source and use the Available Component to Make the Product. |
|
||||||
|
|
||||||
1.9 'Source Location' means a location where a Licensor has placed Covered |
1.5 'Product' means any device, component, work or physical object, |
||||||
Source, and which that Licensor reasonably believes will remain easily accessible |
whether in finished or intermediate form, arising from the use, |
||||||
for at least three years for anyone to obtain a digital copy. |
application or processing of Covered Source. |
||||||
|
|
||||||
1.10 'Notice' means copyright, acknowledgement and trademark notices, Source |
1.6 'Make' means to create or configure something, whether by |
||||||
Location references, modification notices (subsection 3.3(b)) and all notices |
manufacture, assembly, compiling, loading or applying Covered |
||||||
that refer to this Licence and to the disclaimer of warranties that are included |
Source or another Product or otherwise. |
||||||
in the Covered Source. |
|
||||||
|
|
||||||
1.11 'Licensee' or 'You' means any person exercising rights under this Licence. |
1.7 'Available Component' means any part, sub-assembly, library or |
||||||
|
code which: |
||||||
|
|
||||||
1.12 'Licensor' means a natural or legal person who creates or modifies Covered |
a) is licensed to You as Complete Source under a Compatible |
||||||
Source. A person may be a Licensee and a Licensor at the same time. |
Licence; or |
||||||
|
|
||||||
1.13 'Convey' means to communicate to the public or distribute. |
b) is available, at the time a Product or the Source containing |
||||||
|
it is first Conveyed, to You and any other prospective |
||||||
|
licensees |
||||||
|
|
||||||
2 Applicability |
i) as a physical part with sufficient rights and |
||||||
|
information (including any configuration and |
||||||
|
programming files and information about its |
||||||
|
characteristics and interfaces) to enable it either to |
||||||
|
be Made itself, or to be sourced and used to Make the |
||||||
|
Product; or |
||||||
|
ii) as part of the normal distribution of a tool used to |
||||||
|
design or Make the Product. |
||||||
|
|
||||||
2.1 This Licence governs the use, copying, modification, Conveying of Covered |
1.8 'Complete Source' means the set of all Source necessary to Make |
||||||
Source and Products, and the Making of Products. By exercising any right granted |
a Product, in the preferred form for making modifications, |
||||||
under this Licence, You irrevocably accept these terms and conditions. |
including necessary installation and interfacing information |
||||||
|
both for the Product, and for any included Available Components. |
||||||
|
If the format is proprietary, it must also be made available in |
||||||
|
a format (if the proprietary tool can create it) which is |
||||||
|
viewable with a tool available to potential licensees and |
||||||
|
licensed under a licence approved by the Free Software |
||||||
|
Foundation or the Open Source Initiative. Complete Source need |
||||||
|
not include the Source of any Available Component, provided that |
||||||
|
You include in the Complete Source sufficient information to |
||||||
|
enable a recipient to Make or source and use the Available |
||||||
|
Component to Make the Product. |
||||||
|
|
||||||
2.2 This Licence is granted by the Licensor directly to You, and shall apply |
1.9 'Source Location' means a location where a Licensor has placed |
||||||
worldwide and without limitation in time. |
Covered Source, and which that Licensor reasonably believes will |
||||||
|
remain easily accessible for at least three years for anyone to |
||||||
2.3 You shall not attempt to restrict by contract or otherwise the rights |
obtain a digital copy. |
||||||
granted under this Licence to other Licensees. |
|
||||||
|
|
||||||
2.4 This Licence is not intended to restrict fair use, fair dealing, or any |
1.10 'Notice' means copyright, acknowledgement and trademark notices, |
||||||
other similar right. |
Source Location references, modification notices (subsection |
||||||
|
3.3(b)) and all notices that refer to this Licence and to the |
||||||
3 Copying, modifying and Conveying Covered Source |
disclaimer of warranties that are included in the Covered |
||||||
|
Source. |
||||||
|
|
||||||
3.1 You may copy and Convey verbatim copies of Covered Source, in any medium, |
1.11 'Licensee' or 'You' means any person exercising rights under |
||||||
provided You retain all Notices. |
this Licence. |
||||||
|
|
||||||
3.2 You may modify Covered Source, other than Notices, provided that You irrevocably |
1.12 'Licensor' means a natural or legal person who creates or |
||||||
undertake to make that modified Covered Source available from a Source Location |
modifies Covered Source. A person may be a Licensee and a |
||||||
should You Convey a Product in circumstances where the recipient does not |
Licensor at the same time. |
||||||
otherwise receive a copy of the modified Covered Source. In each case subsection |
|
||||||
3.3 shall apply. |
1.13 'Convey' means to communicate to the public or distribute. |
||||||
|
|
||||||
You may only delete Notices if they are no longer applicable to the corresponding |
|
||||||
Covered Source as modified by You and You may add additional Notices applicable |
2 Applicability |
||||||
to Your modifications. Including Covered Source in a larger work is modifying |
|
||||||
the Covered Source, and the larger work becomes modified Covered Source. |
2.1 This Licence governs the use, copying, modification, Conveying |
||||||
|
of Covered Source and Products, and the Making of Products. By |
||||||
3.3 You may Convey modified Covered Source (with the effect that You shall |
exercising any right granted under this Licence, You irrevocably |
||||||
also become a Licensor) provided that You: |
accept these terms and conditions. |
||||||
|
|
||||||
a) retain Notices as required in subsection 3.2; |
2.2 This Licence is granted by the Licensor directly to You, and |
||||||
|
shall apply worldwide and without limitation in time. |
||||||
b) add a Notice to the modified Covered Source stating that You have modified |
|
||||||
it, with the date and brief description of how You have modified it; |
2.3 You shall not attempt to restrict by contract or otherwise the |
||||||
|
rights granted under this Licence to other Licensees. |
||||||
c) add a Source Location Notice for the modified Covered Source if You Convey |
|
||||||
in circumstances where the recipient does not otherwise receive a copy of |
2.4 This Licence is not intended to restrict fair use, fair dealing, |
||||||
the modified Covered Source; and |
or any other similar right. |
||||||
|
|
||||||
d) license the modified Covered Source under the terms and conditions of this |
|
||||||
Licence (or, as set out in subsection 8.3, a later version, if permitted by |
3 Copying, modifying and Conveying Covered Source |
||||||
the licence of the original Covered Source). Such modified Covered Source |
|
||||||
must be licensed as a whole, but excluding Available Components contained |
3.1 You may copy and Convey verbatim copies of Covered Source, in |
||||||
in it, which remain licensed under their own applicable licences. |
any medium, provided You retain all Notices. |
||||||
|
|
||||||
4 Making and Conveying Products |
3.2 You may modify Covered Source, other than Notices, provided that |
||||||
|
You irrevocably undertake to make that modified Covered Source |
||||||
You may Make Products, and/or Convey them, provided that You either provide |
available from a Source Location should You Convey a Product in |
||||||
each recipient with a copy of the Complete Source or ensure that each recipient |
circumstances where the recipient does not otherwise receive a |
||||||
is notified of the Source Location of the Complete Source. That Complete Source |
copy of the modified Covered Source. In each case subsection 3.3 |
||||||
is Covered Source, and You must accordingly satisfy Your obligations set out |
shall apply. |
||||||
in subsection 3.3. If specified in a Notice, the Product must visibly and |
|
||||||
securely display the Source Location on it or its packaging or documentation |
You may only delete Notices if they are no longer applicable to |
||||||
in the manner specified in that Notice. |
the corresponding Covered Source as modified by You and You may |
||||||
|
add additional Notices applicable to Your modifications. |
||||||
5 Research and Development |
Including Covered Source in a larger work is modifying the |
||||||
|
Covered Source, and the larger work becomes modified Covered |
||||||
You may Convey Covered Source, modified Covered Source or Products to a legal |
Source. |
||||||
entity carrying out development, testing or quality assurance work on Your |
|
||||||
behalf provided that the work is performed on terms which prevent the entity |
3.3 You may Convey modified Covered Source (with the effect that You |
||||||
from both using the Source or Products for its own internal purposes and Conveying |
shall also become a Licensor) provided that You: |
||||||
the Source or Products or any modifications to them to any person other than |
|
||||||
You. Any modifications made by the entity shall be deemed to be made by You |
a) retain Notices as required in subsection 3.2; |
||||||
pursuant to subsection 3.2. |
|
||||||
|
b) add a Notice to the modified Covered Source stating that You |
||||||
6 DISCLAIMER AND LIABILITY |
have modified it, with the date and brief description of how |
||||||
|
You have modified it; |
||||||
6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are provided |
|
||||||
'as is' and any express or implied warranties, including, but not limited |
c) add a Source Location Notice for the modified Covered Source |
||||||
to, implied warranties of merchantability, of satisfactory quality, non-infringement |
if You Convey in circumstances where the recipient does not |
||||||
of third party rights, and fitness for a particular purpose or use are disclaimed |
otherwise receive a copy of the modified Covered Source; and |
||||||
in respect of any Source or Product to the maximum extent permitted by law. |
|
||||||
The Licensor makes no representation that any Source or Product does not or |
d) license the modified Covered Source under the terms and |
||||||
will not infringe any patent, copyright, trade secret or other proprietary |
conditions of this Licence (or, as set out in subsection |
||||||
right. The entire risk as to the use, quality, and performance of any Source |
8.3, a later version, if permitted by the licence of the |
||||||
or Product shall be with You and not the Licensor. This disclaimer of warranty |
original Covered Source). Such modified Covered Source must |
||||||
is an essential part of this Licence and a condition for the grant of any |
be licensed as a whole, but excluding Available Components |
||||||
rights granted under this Licence. |
contained in it, which remain licensed under their own |
||||||
|
applicable licences. |
||||||
6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to the maximum |
|
||||||
extent permitted by law, have no liability for direct, indirect, special, |
|
||||||
incidental, consequential, exemplary, punitive or other damages of any character |
4 Making and Conveying Products |
||||||
including, without limitation, procurement of substitute goods or services, |
|
||||||
loss of use, data or profits, or business interruption, however caused and |
You may Make Products, and/or Convey them, provided that You either |
||||||
on any theory of contract, warranty, tort (including negligence), product |
provide each recipient with a copy of the Complete Source or ensure |
||||||
liability or otherwise, arising in any way in relation to the Covered Source, |
that each recipient is notified of the Source Location of the Complete |
||||||
modified Covered Source and/or the Making or Conveyance of a Product, even |
Source. That Complete Source is Covered Source, and You must |
||||||
if advised of the possibility of such damages, and You shall hold the Licensor(s) |
accordingly satisfy Your obligations set out in subsection 3.3. If |
||||||
free and harmless from any liability, costs, damages, fees and expenses, including |
specified in a Notice, the Product must visibly and securely display |
||||||
claims by third parties, in relation to such use. |
the Source Location on it or its packaging or documentation in the |
||||||
|
manner specified in that Notice. |
||||||
7 Patents |
|
||||||
|
|
||||||
7.1 Subject to the terms and conditions of this Licence, each Licensor hereby |
5 Research and Development |
||||||
grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, |
|
||||||
irrevocable (except as stated in subsections 7.2 and 8.4) patent license to |
You may Convey Covered Source, modified Covered Source or Products to |
||||||
Make, have Made, use, offer to sell, sell, import, and otherwise transfer |
a legal entity carrying out development, testing or quality assurance |
||||||
the Covered Source and Products, where such licence applies only to those |
work on Your behalf provided that the work is performed on terms which |
||||||
patent claims licensable by such Licensor that are necessarily infringed by |
prevent the entity from both using the Source or Products for its own |
||||||
exercising rights under the Covered Source as Conveyed by that Licensor. |
internal purposes and Conveying the Source or Products or any |
||||||
|
modifications to them to any person other than You. Any modifications |
||||||
7.2 If You institute patent litigation against any entity (including a cross-claim |
made by the entity shall be deemed to be made by You pursuant to |
||||||
or counterclaim in a lawsuit) alleging that the Covered Source or a Product |
subsection 3.2. |
||||||
constitutes direct or contributory patent infringement, or You seek any declaration |
|
||||||
that a patent licensed to You under this Licence is invalid or unenforceable |
|
||||||
then any rights granted to You under this Licence shall terminate as of the |
6 DISCLAIMER AND LIABILITY |
||||||
date such process is initiated. |
|
||||||
|
6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products |
||||||
8 General |
are provided 'as is' and any express or implied warranties, |
||||||
|
including, but not limited to, implied warranties of |
||||||
8.1 If any provisions of this Licence are or subsequently become invalid or |
merchantability, of satisfactory quality, non-infringement of |
||||||
unenforceable for any reason, the remaining provisions shall remain effective. |
third party rights, and fitness for a particular purpose or use |
||||||
|
are disclaimed in respect of any Source or Product to the |
||||||
8.2 You shall not use any of the name (including acronyms and abbreviations), |
maximum extent permitted by law. The Licensor makes no |
||||||
image, or logo by which the Licensor or CERN is known, except where needed |
representation that any Source or Product does not or will not |
||||||
to comply with section 3, or where the use is otherwise allowed by law. Any |
infringe any patent, copyright, trade secret or other |
||||||
such permitted use shall be factual and shall not be made so as to suggest |
proprietary right. The entire risk as to the use, quality, and |
||||||
any kind of endorsement or implication of involvement by the Licensor or its |
performance of any Source or Product shall be with You and not |
||||||
personnel. |
the Licensor. This disclaimer of warranty is an essential part |
||||||
|
of this Licence and a condition for the grant of any rights |
||||||
8.3 CERN may publish updated versions and variants of this Licence which it |
granted under this Licence. |
||||||
considers to be in the spirit of this version, but may differ in detail to |
|
||||||
address new problems or concerns. New versions will be published with a unique |
6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to |
||||||
version number and a variant identifier specifying the variant. If the Licensor |
the maximum extent permitted by law, have no liability for |
||||||
has specified that a given variant applies to the Covered Source without specifying |
direct, indirect, special, incidental, consequential, exemplary, |
||||||
a version, You may treat that Covered Source as being released under any version |
punitive or other damages of any character including, without |
||||||
of the CERN-OHL with that variant. If no variant is specified, the Covered |
limitation, procurement of substitute goods or services, loss of |
||||||
Source shall be treated as being released under CERN-OHL-S. The Licensor may |
use, data or profits, or business interruption, however caused |
||||||
also specify that the Covered Source is subject to a specific version of the |
and on any theory of contract, warranty, tort (including |
||||||
CERN-OHL or any later version in which case You may apply this or any later |
negligence), product liability or otherwise, arising in any way |
||||||
version of CERN-OHL with the same variant identifier published by CERN. |
in relation to the Covered Source, modified Covered Source |
||||||
|
and/or the Making or Conveyance of a Product, even if advised of |
||||||
8.4 This Licence shall terminate with immediate effect if You fail to comply |
the possibility of such damages, and You shall hold the |
||||||
with any of its terms and conditions. |
Licensor(s) free and harmless from any liability, costs, |
||||||
|
damages, fees and expenses, including claims by third parties, |
||||||
8.5 However, if You cease all breaches of this Licence, then Your Licence |
in relation to such use. |
||||||
from any Licensor is reinstated unless such Licensor has terminated this Licence |
|
||||||
by giving You, while You remain in breach, a notice specifying the breach |
|
||||||
and requiring You to cure it within 30 days, and You have failed to come into |
7 Patents |
||||||
compliance in all material respects by the end of the 30 day period. Should |
|
||||||
You repeat the breach after receipt of a cure notice and subsequent reinstatement, |
7.1 Subject to the terms and conditions of this Licence, each |
||||||
this Licence will terminate immediately and permanently. Section 6 shall continue |
Licensor hereby grants to You a perpetual, worldwide, |
||||||
to apply after any termination. |
non-exclusive, no-charge, royalty-free, irrevocable (except as |
||||||
|
stated in subsections 7.2 and 8.4) patent license to Make, have |
||||||
8.6 This Licence shall not be enforceable except by a Licensor acting as such, |
Made, use, offer to sell, sell, import, and otherwise transfer |
||||||
and third party beneficiary rights are specifically excluded. |
the Covered Source and Products, where such licence applies only |
||||||
|
to those patent claims licensable by such Licensor that are |
||||||
|
necessarily infringed by exercising rights under the Covered |
||||||
|
Source as Conveyed by that Licensor. |
||||||
|
|
||||||
|
7.2 If You institute patent litigation against any entity (including |
||||||
|
a cross-claim or counterclaim in a lawsuit) alleging that the |
||||||
|
Covered Source or a Product constitutes direct or contributory |
||||||
|
patent infringement, or You seek any declaration that a patent |
||||||
|
licensed to You under this Licence is invalid or unenforceable |
||||||
|
then any rights granted to You under this Licence shall |
||||||
|
terminate as of the date such process is initiated. |
||||||
|
|
||||||
|
|
||||||
|
8 General |
||||||
|
|
||||||
|
8.1 If any provisions of this Licence are or subsequently become |
||||||
|
invalid or unenforceable for any reason, the remaining |
||||||
|
provisions shall remain effective. |
||||||
|
|
||||||
|
8.2 You shall not use any of the name (including acronyms and |
||||||
|
abbreviations), image, or logo by which the Licensor or CERN is |
||||||
|
known, except where needed to comply with section 3, or where |
||||||
|
the use is otherwise allowed by law. Any such permitted use |
||||||
|
shall be factual and shall not be made so as to suggest any kind |
||||||
|
of endorsement or implication of involvement by the Licensor or |
||||||
|
its personnel. |
||||||
|
|
||||||
|
8.3 CERN may publish updated versions and variants of this Licence |
||||||
|
which it considers to be in the spirit of this version, but may |
||||||
|
differ in detail to address new problems or concerns. New |
||||||
|
versions will be published with a unique version number and a |
||||||
|
variant identifier specifying the variant. If the Licensor has |
||||||
|
specified that a given variant applies to the Covered Source |
||||||
|
without specifying a version, You may treat that Covered Source |
||||||
|
as being released under any version of the CERN-OHL with that |
||||||
|
variant. If no variant is specified, the Covered Source shall be |
||||||
|
treated as being released under CERN-OHL-S. The Licensor may |
||||||
|
also specify that the Covered Source is subject to a specific |
||||||
|
version of the CERN-OHL or any later version in which case You |
||||||
|
may apply this or any later version of CERN-OHL with the same |
||||||
|
variant identifier published by CERN. |
||||||
|
|
||||||
|
8.4 This Licence shall terminate with immediate effect if You fail |
||||||
|
to comply with any of its terms and conditions. |
||||||
|
|
||||||
|
8.5 However, if You cease all breaches of this Licence, then Your |
||||||
|
Licence from any Licensor is reinstated unless such Licensor has |
||||||
|
terminated this Licence by giving You, while You remain in |
||||||
|
breach, a notice specifying the breach and requiring You to cure |
||||||
|
it within 30 days, and You have failed to come into compliance |
||||||
|
in all material respects by the end of the 30 day period. Should |
||||||
|
You repeat the breach after receipt of a cure notice and |
||||||
|
subsequent reinstatement, this Licence will terminate |
||||||
|
immediately and permanently. Section 6 shall continue to apply |
||||||
|
after any termination. |
||||||
|
|
||||||
|
8.6 This Licence shall not be enforceable except by a Licensor |
||||||
|
acting as such, and third party beneficiary rights are |
||||||
|
specifically excluded. |
||||||
|
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Reference in new issue