parent
4b7d85bfa5
commit
e35a2b65bc
@ -0,0 +1,21 @@ |
||||
ANTLR 2 License |
||||
|
||||
We reserve no legal rights to the ANTLR--it is fully in the public domain. |
||||
An individual or company may do whatever they wish with source code distributed |
||||
with ANTLR or the code generated by ANTLR, including the incorporation of |
||||
ANTLR, or its output, into commerical software. |
||||
|
||||
We encourage users to develop software with ANTLR. However, we do ask that |
||||
credit is given to us for developing ANTLR. By "credit", we mean that if you |
||||
use ANTLR or incorporate any source code into one of your programs (commercial |
||||
product, research project, or otherwise) that you acknowledge this fact somewhere |
||||
in the documentation, research report, etc... If you like ANTLR and have developed |
||||
a nice tool with the output, please mention that you developed it using ANTLR. |
||||
In addition, we ask that the headers remain intact in our source code. As |
||||
long as these guidelines are kept, we expect to continue enhancing this system |
||||
and expect to make other tools available as they are completed. |
||||
|
||||
In countries where the Public Domain status of the work may not be valid, |
||||
the author grants a copyright licence to the general public to deal in the |
||||
work without restriction and permission to sublicence derivates under the |
||||
terms of any (OSI approved) Open Source licence. |
@ -1,18 +1,19 @@ |
||||
Copyright (c) <year> <owner> All rights reserved. |
||||
Copyright (c) 1995, 1999 Berkeley Software Design, Inc. All rights reserved. |
||||
|
||||
Redistribution and use in source and binary forms, with or without modification, |
||||
are permitted provided that the following conditions are met: |
||||
Redistribution and use in source and binary forms, with or without |
||||
modification, are permitted provided that the following conditions |
||||
are met: |
||||
1. Redistributions of source code must retain the above copyright |
||||
notice, this list of conditions and the following disclaimer. |
||||
|
||||
1. Redistributions of source code must retain the above copyright notice, |
||||
this list of conditions and the following disclaimer. |
||||
|
||||
THIS SOFTWARE IS PROVIDED BY Berkeley Software Design, Inc. "AS IS" AND ANY |
||||
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED |
||||
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. |
||||
IN NO EVENT SHALL Berkeley Software Design, Inc. BE LIABLE FOR ANY DIRECT, |
||||
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, |
||||
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, |
||||
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY |
||||
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE |
||||
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF |
||||
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
||||
THIS SOFTWARE IS PROVIDED BY Berkeley Software Design, Inc. ``AS IS'' AND |
||||
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE |
||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE |
||||
ARE DISCLAIMED. IN NO EVENT SHALL Berkeley Software Design, Inc. BE LIABLE |
||||
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL |
||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS |
||||
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) |
||||
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT |
||||
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
||||
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF |
||||
SUCH DAMAGE. |
||||
|
@ -1,30 +1,34 @@ |
||||
Redistribution and use in source and binary forms, with or without modification, |
||||
are permitted provided that the following conditions are met: |
||||
Redistribution and use in source and binary forms, with or without |
||||
modification, are permitted provided that the following conditions are |
||||
met: |
||||
|
||||
- Redistributions of source code must retain the above copyright notice, this |
||||
list of conditions and the following disclaimer. |
||||
- Redistributions of source code must retain the above copyright |
||||
notice, this list of conditions and the following disclaimer. |
||||
|
||||
- Redistributions in binary form must reproduce the above copyright notice, |
||||
this list of conditions and the following disclaimer listed in this license |
||||
in the documentation and/or other materials provided with the distribution. |
||||
- Redistributions in binary form must reproduce the above copyright |
||||
notice, this list of conditions and the following disclaimer listed |
||||
in this license in the documentation and/or other materials |
||||
provided with the distribution. |
||||
|
||||
- Neither the name of the copyright holders nor the names of its contributors |
||||
may be used to endorse or promote products derived from this software without |
||||
specific prior written permission. |
||||
- Neither the name of the copyright holders nor the names of its |
||||
contributors may be used to endorse or promote products derived from |
||||
this software without specific prior written permission. |
||||
|
||||
The copyright holders provide no reassurances that the source code provided |
||||
does not infringe any patent, copyright, or any other intellectual property |
||||
rights of third parties. The copyright holders disclaim any liability to any |
||||
recipient for claims brought against recipient by any third party for infringement |
||||
of that parties intellectual property rights. |
||||
The copyright holders provide no reassurances that the source code |
||||
provided does not infringe any patent, copyright, or any other |
||||
intellectual property rights of third parties. The copyright holders |
||||
disclaim any liability to any recipient for claims brought against |
||||
recipient by any third party for infringement of that parties |
||||
intellectual property rights. |
||||
|
||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" |
||||
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE |
||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE |
||||
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE |
||||
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL |
||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR |
||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER |
||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, |
||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE |
||||
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS |
||||
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT |
||||
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR |
||||
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT |
||||
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
||||
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT |
||||
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, |
||||
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY |
||||
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT |
||||
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE |
||||
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
||||
|
@ -0,0 +1,71 @@ |
||||
Business Source License 1.1 |
||||
|
||||
License text copyright © 2017 MariaDB Corporation Ab, All Rights Reserved. |
||||
"Business Source License" is a trademark of MariaDB Corporation Ab. |
||||
|
||||
Terms |
||||
|
||||
The Licensor hereby grants you the right to copy, modify, create derivative |
||||
works, redistribute, and make non-production use of the Licensed Work. The |
||||
Licensor may make an Additional Use Grant, above, permitting limited |
||||
production use. |
||||
|
||||
Effective on the Change Date, or the fourth anniversary of the first publicly |
||||
available distribution of a specific version of the Licensed Work under this |
||||
License, whichever comes first, the Licensor hereby grants you rights under |
||||
the terms of the Change License, and the rights granted in the paragraph |
||||
above terminate. |
||||
|
||||
If your use of the Licensed Work does not comply with the requirements |
||||
currently in effect as described in this License, you must purchase a |
||||
commercial license from the Licensor, its affiliated entities, or authorized |
||||
resellers, or you must refrain from using the Licensed Work. |
||||
|
||||
All copies of the original and modified Licensed Work, and derivative works |
||||
of the Licensed Work, are subject to this License. This License applies |
||||
separately for each version of the Licensed Work and the Change Date may vary |
||||
for each version of the Licensed Work released by Licensor. |
||||
|
||||
You must conspicuously display this License on each original or modified copy |
||||
of the Licensed Work. If you receive the Licensed Work in original or |
||||
modified form from a third party, the terms and conditions set forth in this |
||||
License apply to your use of that work. |
||||
|
||||
Any use of the Licensed Work in violation of this License will automatically |
||||
terminate your rights under this License for the current and all other |
||||
versions of the Licensed Work. |
||||
|
||||
This License does not grant you any right in any trademark or logo of |
||||
Licensor or its affiliates (provided that you may use a trademark or logo of |
||||
Licensor as expressly required by this License). |
||||
|
||||
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED WORK IS PROVIDED ON |
||||
AN “AS IS” BASIS. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, |
||||
EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF |
||||
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND |
||||
TITLE. |
||||
|
||||
MariaDB hereby grants you permission to use this License’s text to license |
||||
your works, and to refer to it using the trademark “Business Source License”, |
||||
as long as you comply with the Covenants of Licensor below. |
||||
|
||||
Covenants of Licensor |
||||
|
||||
In consideration of the right to use this License’s text and the “Business |
||||
Source License” name and trademark, Licensor covenants to MariaDB, and to all |
||||
other recipients of the licensed work to be provided by Licensor: |
||||
|
||||
1. To specify as the Change License the GPL Version 2.0 or any later version, |
||||
or a license that is compatible with GPL Version 2.0 or a later version, |
||||
where “compatible” means that software provided under the Change License can |
||||
be included in a program with software provided under GPL Version 2.0 or a |
||||
later version. Licensor may specify additional Change Licenses without |
||||
limitation. |
||||
|
||||
2. To either: (a) specify an additional grant of rights to use that does not |
||||
impose any additional restriction on the right granted in this License, as |
||||
the Additional Use Grant; or (b) insert the text “None”. |
||||
|
||||
3. To specify a Change Date. |
||||
|
||||
4. Not to modify this License in any other way. |
@ -1,8 +1,8 @@ |
||||
This is a package of commutative diagram macros built on top of Xy-pic by |
||||
Michael Barr (email: barr@barrs.org). Its use is unrestricted. It may be freely |
||||
distributed, unchanged, for non-commercial or commercial use. If changed, |
||||
Michael Barr (email: barr@barrs.org). Its use is unrestricted. It may be |
||||
freely distributed, unchanged, for non-commercial or commercial use. If changed, |
||||
it must be renamed. Inclusion in a commercial software package is also permitted, |
||||
but I would appreciate receiving a free copy for my personal examination and |
||||
use. There are no guarantees that this package is good for anything. I have |
||||
tested it with LaTeX 2e, LaTeX 2.09 and Plain TeX. Although I know of no reason |
||||
it will not work with AMSTeX, I have not tested it. |
||||
but I would appreciate receiving a free copy for my personal examination |
||||
and use. There are no guarantees that this package is good for anything. |
||||
I have tested it with LaTeX 2e, LaTeX 2.09 and Plain TeX. Although I know |
||||
of no reason it will not work with AMSTeX, I have not tested it. |
||||
|
@ -1,5 +1,4 @@ |
||||
"THE BEER-WARE LICENSE" (Revision 42): |
||||
|
||||
<phk@FreeBSD.ORG> wrote this file. As long as you retain this notice you can |
||||
do whatever you want with this stuff. If we meet some day, and you think this |
||||
stuff is worth it, you can buy me a beer in return Poul-Henning Kamp |
||||
"THE BEER-WARE LICENSE" (Revision 42): <phk@FreeBSD.ORG> wrote this file. |
||||
As long as you retain this notice you can do whatever you want with this |
||||
stuff. If we meet some day, and you think this stuff is worth it, you can |
||||
buy me a beer in return Poul-Henning Kamp |
||||
|
@ -1,3 +1,10 @@ |
||||
Bootloader Exception |
||||
-------------------- |
||||
|
||||
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 |
||||
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 combine executable.) |
||||
|
@ -1,35 +1,21 @@ |
||||
Copyright 1993 Francis Borceux |
||||
|
||||
You may freely use, modify, and/or distribute each of the files in this package |
||||
without limitation. The package consists of the following files: |
||||
|
||||
README |
||||
|
||||
compatibility/OldDiagram |
||||
|
||||
compatibility/OldMaxiDiagram |
||||
|
||||
compatibility/OldMicroDiagram |
||||
|
||||
compatibility/OldMiniDiagram |
||||
|
||||
compatibility/OldMultipleArrows |
||||
|
||||
diagram/Diagram |
||||
|
||||
diagram/MaxiDiagram |
||||
|
||||
diagram/MicroDiagram |
||||
|
||||
diagram/MiniDiagram |
||||
|
||||
diagram/MultipleArrows |
||||
|
||||
user-guides/Diagram_Mode_d_Emploi |
||||
|
||||
user-guides/Diagram_Read_Me |
||||
|
||||
Of course no support is guaranteed, but the author will attempt to assist |
||||
with problems. Current email address: |
||||
|
||||
francis dot borceux at uclouvain dot be. |
||||
|
@ -1,352 +1,349 @@ |
||||
# The Cryptographic Autonomy License, v. 1.0 |
||||
|
||||
*This Cryptographic Autonomy License (the "License") applies to any Work whose |
||||
owner has marked it with any of the following notices, or a similar demonstration |
||||
of intent: * |
||||
|
||||
|
||||
*This Cryptographic Autonomy License (the "License") applies to any |
||||
Work whose owner has marked it with any of the following notices, or a |
||||
similar demonstration of intent:* |
||||
|
||||
SPDX-License-Identifier: CAL-1.0 |
||||
|
||||
Licensed under the Cryptographic Autonomy License version 1.0 |
||||
|
||||
|
||||
|
||||
*or* |
||||
|
||||
|
||||
|
||||
SPDX-License-Identifier: CAL-1.0-Combined-Work-Exception |
||||
|
||||
Licensed under the Cryptographic Autonomy License version 1.0, with Combined |
||||
Work Exception |
||||
Licensed under the Cryptographic Autonomy License version 1.0, with |
||||
Combined 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 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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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: |
||||
|
||||
### 3.2. Limitations on Permissions Granted |
||||
+ 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 |
||||
|
||||
The following limitations apply to the permissions granted in section 3.1: |
||||
+ 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. |
||||
|
||||
+ 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. |
||||
+ 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: |
||||
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"). |
||||
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. |
||||
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. |
||||
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. |
||||
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: |
||||
|
||||
|
||||
|
||||
+ a) the modification is intended to address a newly-identified vulnerability |
||||
or a security flaw in the Work, |
||||
|
||||
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: |
||||
|
||||
+ a) the modification is intended to address a newly-identified |
||||
vulnerability or a security flaw in the Work, |
||||
|
||||
+ b) disclosure of the vulnerability or security flaw before the end of the |
||||
Embargo Period would put the data, identity, or autonomy of one or more Recipients |
||||
of the Work at significant risk, |
||||
+ b) disclosure of the vulnerability or security flaw before the end |
||||
of the Embargo Period would put the data, identity, or autonomy of one |
||||
or more Recipients of the Work at significant risk, |
||||
|
||||
+ c) You are participating in a coordinated disclosure of the |
||||
vulnerability or security flaw with one or more additional Licensees, |
||||
and |
||||
|
||||
|
||||
+ c) You are participating in a coordinated disclosure of the vulnerability |
||||
or security flaw with one or more additional Licensees, and |
||||
|
||||
|
||||
|
||||
+ d) Access to the Source Code pertaining to the modification is provided |
||||
to all Recipients at the end of the Embargo Period. |
||||
+ d) Access to the Source Code pertaining to the modification is |
||||
provided to all Recipients at the end of the Embargo Period. |
||||
|
||||
### 4.2. Maintain User Autonomy |
||||
|
||||
In addition to providing each Recipient the opportunity to have Access to |
||||
the Source Code, You cannot use the permissions given under this License to |
||||
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 |
||||
Data. |
||||
In addition to providing each Recipient the opportunity to have Access |
||||
to the Source Code, You cannot use the permissions given under this |
||||
License to 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 Data. |
||||
|
||||
"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 |
||||
of the Work in an equivalent context chosen by the Recipient, and where the |
||||
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 |
||||
Recipient. |
||||
"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 of the Work in an equivalent context chosen by the |
||||
Recipient, and where the 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 Recipient. |
||||
|
||||
#### 4.2.1. No Withholding User Data |
||||
|
||||
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 |
||||
you provide services via the Work, a no-charge copy, provided in a commonly |
||||
used electronic form, of the Recipient's User Data in your possession, to |
||||
the extent that such User Data is available to You for use in conjunction |
||||
with the Work. |
||||
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 you provide services via the Work, a no-charge copy, |
||||
provided in a commonly used electronic form, of the Recipient's User |
||||
Data in your possession, to the extent that such User Data is |
||||
available to You for use in conjunction with the Work. |
||||
|
||||
#### 4.2.2. No Technical Measures that Limit Access |
||||
|
||||
You may not, by means of the use cryptographic methods applied to 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. |
||||
You may not, by means of the use cryptographic methods applied to |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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 |
||||
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. |
||||
|
||||
## 6. Disclaimer of Warranty and Limit on Liability |
||||
|
||||
As far as the law allows, the Work comes AS-IS, without any warranty of any |
||||
kind, and no Licensor or contributor will be liable to anyone for any damages |
||||
related to this software or this license, under any kind of legal claim, or |
||||
for any type of damages, including indirect, special, incidental, or consequential |
||||
damages of any type arising as a result of this License or the use of the |
||||
Work including, without limitation, damages for loss of goodwill, work stoppage, |
||||
computer failure or malfunction, loss of profits, revenue, or any and all |
||||
other commercial damages or losses. |
||||
As far as the law allows, the Work comes AS-IS, without any warranty |
||||
of any kind, and no Licensor or contributor will be liable to anyone |
||||
for any damages related to this software or this license, under any |
||||
kind of legal claim, or for any type of damages, including indirect, |
||||
special, incidental, or consequential damages of any type arising as a |
||||
result of this License or the use of the Work including, without |
||||
limitation, damages for loss of goodwill, work stoppage, computer |
||||
failure or malfunction, loss of profits, revenue, or any and all other |
||||
commercial damages or losses. |
||||
|
||||
## 7. Other Provisions |
||||
|
||||
|
||||
|
||||
### 7.1. Affiliates |
||||
|
||||
An "Affiliate" means any other entity that, directly or indirectly through |
||||
one or more intermediaries, controls, is controlled by, or is under common |
||||
control with, the Licensee. Employees of a Licensee and natural persons acting |
||||
as contractors exclusively providing services to Licensee are also Affiliates. |
||||
An "Affiliate" means any other entity that, directly or indirectly |
||||
through one or more intermediaries, controls, is controlled by, or is |
||||
under common control with, the Licensee. Employees of a Licensee and |
||||
natural persons acting as contractors exclusively providing services |
||||
to Licensee are also Affiliates. |
||||
|
||||
### 7.2. Choice of Jurisdiction and Governing Law |
||||
|
||||
A Licensor may require that any action or suit by a Licensee relating to a |
||||
Work provided by Licensor under this License may be brought only in the courts |
||||
of a particular jurisdiction and under the laws of a particular jurisdiction |
||||
(excluding its conflict-of-law provisions), if Licensor provides conspicuous |
||||
notice of the particular jurisdiction to all Licensees. |
||||
A Licensor may require that any action or suit by a Licensee relating |
||||
to a Work provided by Licensor under this License may be brought only |
||||
in the courts of a particular jurisdiction and under the laws of a |
||||
particular jurisdiction (excluding its conflict-of-law provisions), if |
||||
Licensor provides conspicuous notice of the particular jurisdiction to |
||||
all Licensees. |
||||
|
||||
### 7.3. No Sublicensing |
||||
|
||||
This License is not sublicensable. Each time You provide the Work or a Modified |
||||
Work to a Recipient, the Recipient automatically receives a license under |
||||
the terms described in this License. You may not impose any further reservations, |
||||
conditions, or other provisions on any Recipients' exercise of the permissions |
||||
granted herein. |
||||
This License is not sublicensable. Each time You provide the Work or a |
||||
Modified Work to a Recipient, the Recipient automatically receives a |
||||
license under the terms described in this License. You may not impose |
||||
any further reservations, conditions, or other provisions on any |
||||
Recipients' exercise of the permissions granted herein. |
||||
|
||||
### 7.4. Attorneys' Fees |
||||
|
||||
In any action to enforce the terms of this License, or seeking damages relating |
||||
thereto, including by an intended third-party beneficiary, the prevailing |
||||
party shall be entitled to recover its costs and expenses, including, without |
||||
limitation, reasonable attorneys' fees and costs incurred in connection with |
||||
such action, including any appeal of such action. A "prevailing party" is |
||||
the party that achieves, or avoids, compliance with this License, including |
||||
through settlement. This section shall survive the termination of this License. |
||||
In any action to enforce the terms of this License, or seeking damages |
||||
relating thereto, including by an intended third-party beneficiary, |
||||
the prevailing party shall be entitled to recover its costs and |
||||
expenses, including, without limitation, reasonable attorneys' fees |
||||
and costs incurred in connection with such action, including any |
||||
appeal of such action. A "prevailing party" is the party that |
||||
achieves, or avoids, compliance with this License, including through |
||||
settlement. This section shall survive the termination of this |
||||
License. |
||||
|
||||
### 7.5. No Waiver |
||||
|
||||
Any failure by Licensor to enforce any provision of this License will not |
||||
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 |
||||
Licensor's ability to enforce such provision at a later time. |
||||
|
||||
### 7.6. Severability |
||||
|
||||
If any provision of this License is held to be unenforceable, such provision |
||||
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 |
||||
of the original portion. If such a construction is not possible, the invalid |
||||
or unenforceable portion will be severed from this License but the rest of |
||||
this License will remain in full force and effect. |
||||
If any provision of this License is held to be unenforceable, such |
||||
provision 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 of the original portion. If such a |
||||
construction is not possible, the invalid or unenforceable portion |
||||
will be severed from this License but the rest of this License will |
||||
remain in full force and effect. |
||||
|
||||
### 7.7. License for the Text 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. |
||||
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 |
||||
|
||||
*This Cryptographic Autonomy License (the "License") applies to any Work whose |
||||
owner has marked it with any of the following notices, or a similar demonstration |
||||
of intent: * |
||||
|
||||
|
||||
*This Cryptographic Autonomy License (the "License") applies to any |
||||
Work whose owner has marked it with any of the following notices, or a |
||||
similar demonstration of intent:* |
||||
|
||||
SPDX-License-Identifier: CAL-1.0 |
||||
|
||||
Licensed under the Cryptographic Autonomy License version 1.0 |
||||
|
||||
|
||||
|
||||
*or* |
||||
|
||||
|
||||
|
||||
SPDX-License-Identifier: CAL-1.0-Combined-Work-Exception |
||||
|
||||
Licensed under the Cryptographic Autonomy License version 1.0, with Combined |
||||
Work Exception |
||||
Licensed under the Cryptographic Autonomy License version 1.0, with |
||||
Combined 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 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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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: |
||||
|
||||
### 3.2. Limitations on Permissions Granted |
||||
+ 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 |
||||
|
||||
The following limitations apply to the permissions granted in section 3.1: |
||||
+ 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. |
||||
|
||||
+ 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. |
||||
+ 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: |
||||
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"). |
||||
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. |
||||
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. |
||||
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. |
||||
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: |
||||
|
||||
|
||||
|
||||
+ a) the modification is intended to address a newly-identified vulnerability |
||||
or a security flaw in the Work, |
||||
|
||||
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: |
||||
|
||||
+ a) the modification is intended to address a newly-identified |
||||
vulnerability or a security flaw in the Work, |
||||
|
||||
+ b) disclosure of the vulnerability or security flaw before the end of the |
||||
Embargo Period would put the data, identity, or autonomy of one or more Recipients |
||||
of the Work at significant risk, |
||||
+ b) disclosure of the vulnerability or security flaw before the end |
||||
of the Embargo Period would put the data, identity, or autonomy of one |
||||
or more Recipients of the Work at significant risk, |
||||
|
||||
+ c) You are participating in a coordinated disclosure of the |
||||
vulnerability or security flaw with one or more additional Licensees, |
||||
and |
||||
|
||||
|
||||
+ c) You are participating in a coordinated disclosure of the vulnerability |
||||
or security flaw with one or more additional Licensees, and |
||||
|
||||
|
||||
|
||||
+ d) Access to the Source Code pertaining to the modification is provided |
||||
to all Recipients at the end of the Embargo Period. |
||||
+ d) Access to the Source Code pertaining to the modification is |
||||
provided to all Recipients at the end of the Embargo Period. |
||||
|
||||
### 4.2. Maintain User Autonomy |
||||
|
||||
In addition to providing each Recipient the opportunity to have Access to |
||||
the Source Code, You cannot use the permissions given under this License to |
||||
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 |
||||
Data. |
||||
In addition to providing each Recipient the opportunity to have Access |
||||
to the Source Code, You cannot use the permissions given under this |
||||
License to 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 Data. |
||||
|
||||
"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 |
||||
of the Work in an equivalent context chosen by the Recipient, and where the |
||||
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 |
||||
Recipient. |
||||
"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 of the Work in an equivalent context chosen by the |
||||
Recipient, and where the 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 Recipient. |
||||
|
||||
#### 4.2.1. No Withholding User Data |
||||
|
||||
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 |
||||
you provide services via the Work, a no-charge copy, provided in a commonly |
||||
used electronic form, of the Recipient's User Data in your possession, to |
||||
the extent that such User Data is available to You for use in conjunction |
||||
with the Work. |
||||
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 you provide services via the Work, a no-charge copy, |
||||
provided in a commonly used electronic form, of the Recipient's User |
||||
Data in your possession, to the extent that such User Data is |
||||
available to You for use in conjunction with the Work. |
||||
|
||||
#### 4.2.2. No Technical Measures that Limit Access |
||||
|
||||
You may not, by means of the use cryptographic methods applied to 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. |
||||
You may not, by means of the use cryptographic methods applied to |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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. |
||||
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 |
||||
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. |
||||
|
||||
## 6. Disclaimer of Warranty and Limit on Liability |
||||
|
||||
As far as the law allows, the Work comes AS-IS, without any warranty of any |
||||
kind, and no Licensor or contributor will be liable to anyone for any damages |
||||
related to this software or this license, under any kind of legal claim, or |
||||
for any type of damages, including indirect, special, incidental, or consequential |
||||
damages of any type arising as a result of this License or the use of the |
||||
Work including, without limitation, damages for loss of goodwill, work stoppage, |
||||
computer failure or malfunction, loss of profits, revenue, or any and all |
||||
other commercial damages or losses. |
||||
As far as the law allows, the Work comes AS-IS, without any warranty |
||||
of any kind, and no Licensor or contributor will be liable to anyone |
||||
for any damages related to this software or this license, under any |
||||
kind of legal claim, or for any type of damages, including indirect, |
||||
special, incidental, or consequential damages of any type arising as a |
||||
result of this License or the use of the Work including, without |
||||
limitation, damages for loss of goodwill, work stoppage, computer |
||||
failure or malfunction, loss of profits, revenue, or any and all other |
||||
commercial damages or losses. |
||||
|
||||
## 7. Other Provisions |
||||
|
||||
|
||||
|
||||
### 7.1. Affiliates |
||||
|
||||
An "Affiliate" means any other entity that, directly or indirectly through |
||||
one or more intermediaries, controls, is controlled by, or is under common |
||||
control with, the Licensee. Employees of a Licensee and natural persons acting |
||||
as contractors exclusively providing services to Licensee are also Affiliates. |
||||
An "Affiliate" means any other entity that, directly or indirectly |
||||
through one or more intermediaries, controls, is controlled by, or is |
||||
under common control with, the Licensee. Employees of a Licensee and |
||||
natural persons acting as contractors exclusively providing services |
||||
to Licensee are also Affiliates. |
||||
|
||||
### 7.2. Choice of Jurisdiction and Governing Law |
||||
|
||||
A Licensor may require that any action or suit by a Licensee relating to a |
||||
Work provided by Licensor under this License may be brought only in the courts |
||||
of a particular jurisdiction and under the laws of a particular jurisdiction |
||||
(excluding its conflict-of-law provisions), if Licensor provides conspicuous |
||||
notice of the particular jurisdiction to all Licensees. |
||||
A Licensor may require that any action or suit by a Licensee relating |
||||
to a Work provided by Licensor under this License may be brought only |
||||
in the courts of a particular jurisdiction and under the laws of a |
||||
particular jurisdiction (excluding its conflict-of-law provisions), if |
||||
Licensor provides conspicuous notice of the particular jurisdiction to |
||||
all Licensees. |
||||
|
||||
### 7.3. No Sublicensing |
||||
|
||||
This License is not sublicensable. Each time You provide the Work or a Modified |
||||
Work to a Recipient, the Recipient automatically receives a license under |
||||
the terms described in this License. You may not impose any further reservations, |
||||
conditions, or other provisions on any Recipients' exercise of the permissions |
||||
granted herein. |
||||
This License is not sublicensable. Each time You provide the Work or a |
||||
Modified Work to a Recipient, the Recipient automatically receives a |
||||
license under the terms described in this License. You may not impose |
||||
any further reservations, conditions, or other provisions on any |
||||
Recipients' exercise of the permissions granted herein. |
||||
|
||||
### 7.4. Attorneys' Fees |
||||
|
||||
In any action to enforce the terms of this License, or seeking damages relating |
||||
thereto, including by an intended third-party beneficiary, the prevailing |
||||
party shall be entitled to recover its costs and expenses, including, without |
||||
limitation, reasonable attorneys' fees and costs incurred in connection with |
||||
such action, including any appeal of such action. A "prevailing party" is |
||||
the party that achieves, or avoids, compliance with this License, including |
||||
through settlement. This section shall survive the termination of this License. |
||||
In any action to enforce the terms of this License, or seeking damages |
||||
relating thereto, including by an intended third-party beneficiary, |
||||
the prevailing party shall be entitled to recover its costs and |
||||
expenses, including, without limitation, reasonable attorneys' fees |
||||
and costs incurred in connection with such action, including any |
||||
appeal of such action. A "prevailing party" is the party that |
||||
achieves, or avoids, compliance with this License, including through |
||||
settlement. This section shall survive the termination of this |
||||
License. |
||||
|
||||
### 7.5. No Waiver |
||||
|
||||
Any failure by Licensor to enforce any provision of this License will not |
||||
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 |
||||
Licensor's ability to enforce such provision at a later time. |
||||
|
||||
### 7.6. Severability |
||||
|
||||
If any provision of this License is held to be unenforceable, such provision |
||||
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 |
||||
of the original portion. If such a construction is not possible, the invalid |
||||
or unenforceable portion will be severed from this License but the rest of |
||||
this License will remain in full force and effect. |
||||
If any provision of this License is held to be unenforceable, such |
||||
provision 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 of the original portion. If such a |
||||
construction is not possible, the invalid or unenforceable portion |
||||
will be severed from this License but the rest of this License will |
||||
remain in full force and effect. |
||||
|
||||
### 7.7. License for the Text 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. |
||||
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 |
||||
for the purpose of attribution in the manner set out above and, by exercising |
||||
Your rights under this License, You may not implicitly or explicitly assert |
||||
or imply any connection with, sponsorship or endorsement by the Original Author, |
||||
Licensor and/or Attribution Parties, as appropriate, of You or Your use of |
||||
the Work, without the separate, express prior written permission of the Original |
||||
Author, Licensor and/or Attribution Parties. |
||||
|
||||
5. Representations, Warranties and Disclaimer |
||||
|
||||
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS |
||||
THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK |
||||
BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY |
||||
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, |
||||
WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS |
||||
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER |
||||
DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. |
||||
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH |
||||
EXCLUSION MAY NOT APPLY TO YOU. |
||||
|
||||
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, |
||||
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, |
||||
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS |
||||
LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY |
||||
OF SUCH DAMAGES. |
||||
|
||||
7. Termination |
||||
|
||||
a. This License and the rights granted hereunder will terminate automatically |
||||
upon any breach by You of the terms of this License. Individuals or entities |
||||
who have received Derivative Works (as defined in Section 1 above) or Collective |
||||
Works (as defined in Section 1 above) from You under this License, however, |
||||
will not have their licenses terminated provided such individuals or entities |
||||
remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and |
||||
8 will survive any termination of this License. |
||||
|
||||
b. Subject to the above terms and conditions, the license granted here is |
||||
perpetual (for the duration of the applicable copyright in the Work). Notwithstanding |
||||
the above, Licensor reserves the right to release the Work under different |
||||
license terms or to stop distributing the Work at any time; provided, however |
||||
that any such election will not serve to withdraw this License (or any other |
||||
license that has been, or is required to be, granted under the terms of this |
||||
License), and this License will continue in full force and effect unless terminated |
||||
as stated above. |
||||
|
||||
8. Miscellaneous |
||||
|
||||
a. Each time You distribute or publicly digitally perform the Work (as defined |
||||
in Section 1 above) or a Collective Work (as defined in Section 1 above), |
||||
the Licensor offers to the recipient a license to the Work on the same terms |
||||
and conditions as the license granted to You under this License. |
||||
|
||||
b. Each time You distribute or publicly digitally perform a Derivative Work, |
||||
Licensor offers to the recipient a license to the original Work on the same |
||||
terms and conditions as the license granted to You under this License. |
||||
|
||||
c. If any provision of this License is invalid or unenforceable under applicable |
||||
law, it shall not affect the validity or enforceability of the remainder of |
||||
the terms of this License, and without further action by the parties to this |
||||
agreement, such provision shall be reformed to the minimum extent necessary |
||||
to make such provision valid and enforceable. |
||||
|
||||
d. No term or provision of this License shall be deemed waived and no breach |
||||
consented to unless such waiver or consent shall be in writing and signed |
||||
by the party to be charged with such waiver or consent. |
||||
|
||||
e. This License constitutes the entire agreement between the parties with |
||||
respect to the Work licensed here. There are no understandings, agreements |
||||
or representations with respect to the Work not specified here. Licensor shall |
||||
not be bound by any additional provisions that may appear in any communication |
||||
from You. This License may not be modified without the mutual written agreement |
||||
of the Licensor and You. |
||||
|
||||
Creative Commons Notice |
||||
|
||||
Creative Commons is not a party to this License, and makes no warranty whatsoever |
||||
in connection with the Work. Creative Commons will not be liable to You or |
||||
any party on any legal theory for any damages whatsoever, including without |
||||
limitation any general, special, incidental or consequential damages arising |
||||
in connection to this license. Notwithstanding the foregoing two (2) sentences, |
||||
if Creative Commons has expressly identified itself as the Licensor hereunder, |
||||
it shall have all rights and obligations of Licensor. |
||||
|
||||
Except for the limited purpose of indicating to the public that the Work is |
||||
licensed under the CCPL, Creative Commons does not authorize the use by either |
||||
party of the trademark "Creative Commons" or any related trademark or logo |
||||
of Creative Commons without the prior written consent of Creative Commons. |
||||
Any permitted use will be in compliance with Creative Commons' then-current |
||||
trademark usage guidelines, as may be published on its website or otherwise |
||||
made available upon request from time to time. For the avoidance of doubt, |
||||
this trademark restriction does not form part of the License. |
||||
|
||||
Creative Commons may be contacted at https://creativecommons.org/. |
@ -0,0 +1,248 @@ |
||||
Creative Commons Attribution - Share-Alike 2.0 England and Wales |
||||
|
||||
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL |
||||
SERVICES. DISTRIBUTION OF THIS LICENCE 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. |
||||
|
||||
Licence |
||||
|
||||
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS |
||||
PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR |
||||
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS |
||||
LICENCE 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 LICENCE. |
||||
THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR |
||||
ACCEPTANCE OF SUCH TERMS AND CONDITIONS. |
||||
|
||||
This Creative Commons England and Wales Public Licence enables You (all capitalised |
||||
terms defined below) to view, edit, modify, translate and distribute Works |
||||
worldwide, under the terms of this licence, provided that You credit the Original |
||||
Author. |
||||
|
||||
'The Licensor' [one or more legally recognised persons or entities offering |
||||
the Work under the terms and conditions of this Licence] |
||||
|
||||
and |
||||
|
||||
'You' |
||||
|
||||
agree as follows: |
||||
|
||||
1. Definitions |
||||
|
||||
a. "Attribution" means acknowledging all the parties who have contributed |
||||
to and have rights in the Work or Collective Work under this Licence. |
||||
|
||||
b. "Collective Work" means the Work in its entirety in unmodified form along |
||||
with a number of other separate and independent works, assembled into a collective |
||||
whole. |
||||
|
||||
c. "Derivative Work" means any work created by the editing, modification, |
||||
adaptation or translation of the Work in any media (however a work that constitutes |
||||
a Collective Work will not be considered a Derivative Work for the purpose |
||||
of this Licence). 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 Licence. |
||||
|
||||
d. "Licence" means this Creative Commons England and Wales Public Licence |
||||
agreement. |
||||
|
||||
e. "Licence Elements" means the following high-level licence attributes indicated |
||||
in the title of this Licence: Attribution, Share-Alike. |
||||
|
||||
f. "Original Author" means the individual (or entity) who created the Work. |
||||
|
||||
g. "Work" means the work protected by copyright which is offered under the |
||||
terms of this Licence. |
||||
|
||||
h. For the purpose of this Licence, when not inconsistent with the context, |
||||
words in the singular number include the plural number. |
||||
|
||||
2. Licence Terms |
||||
|
||||
2.1 The Licensor hereby grants to You a worldwide, royalty-free, non-exclusive, |
||||
Licence for use and for the duration of copyright in the Work. |
||||
|
||||
You may: |
||||
|
||||
* copy the Work; |
||||
|
||||
* create one or more derivative Works; |
||||
|
||||
* incorporate the Work into one or more Collective Works; |
||||
|
||||
* copy Derivative Works or the Work as incorporated in any Collective Work; |
||||
and |
||||
|
||||
* publish, distribute, archive, perform or otherwise disseminate the Work |
||||
or the Work as incorporated in any Collective Work, to the public in any material |
||||
form in any media whether now known or hereafter created. |
||||
|
||||
HOWEVER, |
||||
|
||||
You must not: |
||||
|
||||
* impose any terms on the use to be made of the Work, the Derivative Work |
||||
or the Work as incorporated in a Collective Work that alter or restrict the |
||||
terms of this Licence or any rights granted under it or has the effect or |
||||
intent of restricting the ability to exercise those rights; |
||||
|
||||
* impose any digital rights management technology on the Work or the Work |
||||
as incorporated in a Collective Work that alters or restricts the terms of |
||||
this Licence or any rights granted under it or has the effect or intent of |
||||
restricting the ability to exercise those rights; |
||||
|
||||
* sublicense the Work; |
||||
|
||||
* subject the Work to any derogatory treatment as defined in the Copyright, |
||||
Designs and Patents Act 1988. |
||||
|
||||
FINALLY, |
||||
|
||||
You must: |
||||
|
||||
* make reference to this Licence (by Uniform Resource Identifier (URI), spoken |
||||
word or as appropriate to the media used) on all copies of the Work and Collective |
||||
Works published, distributed, performed or otherwise disseminated or made |
||||
available to the public by You; |
||||
|
||||
* recognise the Licensor's / Original Author's right of attribution in any |
||||
Work and Collective Work that You publish, distribute, perform or otherwise |
||||
disseminate to the public and ensure that You credit the Licensor / Original |
||||
Author as appropriate to the media used; and |
||||
|
||||
* to the extent reasonably practicable, keep intact all notices that refer |
||||
to this Licence, in particular the URI, if any, that the Licensor specifies |
||||
to be associated with the Work, unless such URI does not refer to the copyright |
||||
notice or licensing information for the Work. |
||||
|
||||
Additional Provisions for third parties making use of the Work |
||||
|
||||
2.2. Further licence from the Licensor |
||||
|
||||
Each time You publish, distribute, perform or otherwise disseminate |
||||
|
||||
* the Work; or |
||||
|
||||
* any Derivative Work; or |
||||
|
||||
* the Work as incorporated in a Collective Work |
||||
|
||||
the Licensor agrees to offer to the relevant third party making use of the |
||||
Work (in any of the alternatives set out above) a licence to use the Work |
||||
on the same terms and conditions as granted to You hereunder. |
||||
|
||||
2.3. Further licence from You |
||||
|
||||
Each time You publish, distribute, perform or otherwise disseminate |
||||
|
||||
* a Derivative Work; or |
||||
|
||||
* a Derivative Work as incorporated in a Collective Work |
||||
|
||||
You agree to offer to the relevant third party making use of the Work (in |
||||
either of the alternatives set out above) a licence to use the Derivative |
||||
Work on any of the following premises: |
||||
|
||||
* a licence to the Derivative Work on the same terms and conditions as the |
||||
licence granted to You hereunder; or |
||||
|
||||
* a later version of the licence granted to You hereunder; or |
||||
|
||||
* any other Creative Commons licence with the same Licence Elements. |
||||
|
||||
2.4. This Licence does not affect any rights that the User may have under |
||||
any applicable law, including fair use, fair dealing or any other legally |
||||
recognised limitation or exception to copyright infringement. |
||||
|
||||
2.5. All rights not expressly granted by the Licensor are hereby reserved, |
||||
including but not limited to, the exclusive right to collect, whether individually |
||||
or via a licensing body, such as a collecting society, royalties for any use |
||||
of the Work which results in commercial advantage or private monetary compensation. |
||||
|
||||
3. Warranties and Disclaimer |
||||
|
||||
Except as required by law, the Work is licensed by the Licensor on an "as |
||||
is" and "as available" basis and without any warranty of any kind, either |
||||
express or implied. |
||||
|
||||
4. Limit of Liability |
||||
|
||||
Subject to any liability which may not be excluded or limited by law the Licensor |
||||
shall not be liable and hereby expressly excludes all liability for loss or |
||||
damage howsoever and whenever caused to You. |
||||
|
||||
5. Termination |
||||
|
||||
The rights granted to You under this Licence shall terminate automatically |
||||
upon any breach by You of the terms of this Licence. Individuals or entities |
||||
who have received Collective Works from You under this Licence, however, will |
||||
not have their Licences terminated provided such individuals or entities remain |
||||
in full compliance with those Licences. |
||||
|
||||
6. General |
||||
|
||||
6.1. The validity or enforceability of the remaining terms of this agreement |
||||
is not affected by the holding of any provision of it to be invalid or unenforceable. |
||||
|
||||
6.2. This Licence constitutes the entire Licence Agreement between the parties |
||||
with respect to the Work licensed here. There are no understandings, agreements |
||||
or representations with respect to the Work not specified here. The Licensor |
||||
shall not be bound by any additional provisions that may appear in any communication |
||||
in any form. |
||||
|
||||
6.3. A person who is not a party to this Licence shall have no rights under |
||||
the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. |
||||
|
||||
6.4. This Licence shall be governed by the law of England and Wales and the |
||||
parties irrevocably submit to the exclusive jurisdiction of the Courts of |
||||
England and Wales. |
||||
|
||||
7. On the role of Creative Commons |
||||
|
||||
7.1. Neither the Licensor nor the User may use the Creative Commons logo except |
||||
to indicate that the Work is licensed under a Creative Commons Licence. Any |
||||
permitted use has to be in compliance with the Creative Commons trade mark |
||||
usage guidelines at the time of use of the Creative Commons trade mark. These |
||||
guidelines may be found on the Creative Commons website or be otherwise available |
||||
upon request from time to time. |
||||
|
||||
7.2. Creative Commons Corporation does not profit financially from its role |
||||
in providing this Licence and will not investigate the claims of any Licensor |
||||
or user of the Licence. |
||||
|
||||
7.3. One of the conditions that Creative Commons Corporation requires of the |
||||
Licensor and You is an acknowledgement of its limited role and agreement by |
||||
all who use the Licence that the Corporation is not responsible to anyone |
||||
for the statements and actions of You or the Licensor or anyone else attempting |
||||
to use or using this Licence. |
||||
|
||||
7.4. Creative Commons Corporation is not a party to this Licence, and makes |
||||
no warranty whatsoever in connection to the Work or in connection to the Licence, |
||||
and in all events is not liable for any loss or damage resulting from the |
||||
Licensor's or Your reliance on this Licence or on its enforceability. |
||||
|
||||
7.5. USE OF THIS LICENCE MEANS THAT YOU AND THE LICENSOR EACH ACCEPTS THESE |
||||
CONDITIONS IN SECTION 7.1, 7.2, 7.3, 7.4 AND EACH ACKNOWLEDGES CREATIVE COMMONS |
||||
CORPORATION'S VERY LIMITED ROLE AS A FACILITATOR OF THE LICENCE FROM THE LICENSOR |
||||
TO YOU. |
||||
|
||||
Creative Commons is not a party to this Licence, and makes no warranty whatsoever |
||||
in connection with the Work. Creative Commons will not be liable to You or |
||||
any party on any legal theory for any damages whatsoever, including without |
||||
limitation any general, special, incidental or consequential damages arising |
||||
in connection to this licence. Notwithstanding the foregoing two (2) sentences, |
||||
if Creative Commons has expressly identified itself as the Licensor hereunder, |
||||
it shall have all rights and obligations of Licensor. |
||||
|
||||
Except for the limited purpose of indicating to the public that the Work is |
||||
licensed under the CCPL, neither party will use the trademark "Creative Commons" |
||||
or any related trademark or logo of Creative Commons without the prior written |
||||
consent of Creative Commons. Any permitted use will be in compliance with |
||||
Creative Commons' then-current trademark usage guidelines, as may be published |
||||
on its website or otherwise made available upon request from time to time. |
||||
|
||||
Creative Commons may be contacted at https://creativecommons.org/. |
@ -1,119 +1,121 @@ |
||||
Creative Commons Legal Code |
||||
|
||||
CC0 1.0 Universal CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES |
||||
NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DOCUMENT DOES NOT CREATE |
||||
AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION |
||||
ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE USE |
||||
OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED HEREUNDER, AND DISCLAIMS |
||||
LIABILITY FOR DAMAGES RESULTING FROM THE USE OF THIS DOCUMENT OR THE INFORMATION |
||||
OR WORKS PROVIDED HEREUNDER. |
||||
CC0 1.0 Universal |
||||
|
||||
Statement of Purpose |
||||
|
||||
The laws of most jurisdictions throughout the world automatically confer exclusive |
||||
Copyright and Related Rights (defined below) upon the creator and subsequent |
||||
owner(s) (each and all, an "owner") of an original work of authorship and/or |
||||
a database (each, a "Work"). |
||||
|
||||
Certain owners wish to permanently relinquish those rights to a Work for the |
||||
purpose of contributing to a commons of creative, cultural and scientific |
||||
works ("Commons") that the public can reliably and without fear of later claims |
||||
of infringement build upon, modify, incorporate in other works, reuse and |
||||
redistribute as freely as possible in any form whatsoever and for any purposes, |
||||
including without limitation commercial purposes. These owners may contribute |
||||
to the Commons to promote the ideal of a free culture and the further production |
||||
of creative, cultural and scientific works, or to gain reputation or greater |
||||
distribution for their Work in part through the use and efforts of others. |
||||
|
||||
For these and/or other purposes and motivations, and without any expectation |
||||
of additional consideration or compensation, the person associating CC0 with |
||||
a Work (the "Affirmer"), to the extent that he or she is an owner of Copyright |
||||
and Related Rights in the Work, voluntarily elects to apply CC0 to the Work |
||||
and publicly distribute the Work under its terms, with knowledge of his or |
||||
her Copyright and Related Rights in the Work and the meaning and intended |
||||
legal effect of CC0 on those rights. |
||||
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE |
||||
LEGAL SERVICES. DISTRIBUTION OF THIS DOCUMENT DOES NOT CREATE AN |
||||
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS |
||||
INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES |
||||
REGARDING THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS |
||||
PROVIDED HEREUNDER, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM |
||||
THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED |
||||
HEREUNDER. |
||||
|
||||
1. Copyright and Related Rights. A Work made available under CC0 may be protected |
||||
by copyright and related or neighboring rights ("Copyright and Related Rights"). |
||||
Copyright and Related Rights include, but are not limited to, the following: |
||||
|
||||
i. the right to reproduce, adapt, distribute, perform, display, communicate, |
||||
and translate a Work; |
||||
Statement of Purpose |
||||
|
||||
The laws of most jurisdictions throughout the world automatically confer |
||||
exclusive Copyright and Related Rights (defined below) upon the creator |
||||
and subsequent owner(s) (each and all, an "owner") of an original work of |
||||
authorship and/or a database (each, a "Work"). |
||||
|
||||
Certain owners wish to permanently relinquish those rights to a Work for |
||||
the purpose of contributing to a commons of creative, cultural and |
||||
scientific works ("Commons") that the public can reliably and without fear |
||||
of later claims of infringement build upon, modify, incorporate in other |
||||
works, reuse and redistribute as freely as possible in any form whatsoever |
||||
and for any purposes, including without limitation commercial purposes. |
||||
These owners may contribute to the Commons to promote the ideal of a free |
||||
culture and the further production of creative, cultural and scientific |
||||
works, or to gain reputation or greater distribution for their Work in |
||||
part through the use and efforts of others. |
||||
|
||||
For these and/or other purposes and motivations, and without any |
||||
expectation of additional consideration or compensation, the person |
||||
associating CC0 with a Work (the "Affirmer"), to the extent that he or she |
||||
is an owner of Copyright and Related Rights in the Work, voluntarily |
||||
elects to apply CC0 to the Work and publicly distribute the Work under its |
||||
terms, with knowledge of his or her Copyright and Related Rights in the |
||||
Work and the meaning and intended legal effect of CC0 on those rights. |
||||
|
||||
1. Copyright and Related Rights. A Work made available under CC0 may be |
||||
protected by copyright and related or neighboring rights ("Copyright and |
||||
Related Rights"). Copyright and Related Rights include, but are not |
||||
limited to, the following: |
||||
|
||||
i. the right to reproduce, adapt, distribute, perform, display, |
||||
communicate, and translate a Work; |
||||
ii. moral rights retained by the original author(s) and/or performer(s); |
||||
|
||||
iii. publicity and privacy rights pertaining to a person's image or likeness |
||||
depicted in a Work; |
||||
|
||||
iv. rights protecting against unfair competition in regards to a Work, subject |
||||
to the limitations in paragraph 4(a), below; |
||||
|
||||
iii. publicity and privacy rights pertaining to a person's image or |
||||
likeness depicted in a Work; |
||||
iv. rights protecting against unfair competition in regards to a Work, |
||||
subject to the limitations in paragraph 4(a), below; |
||||
v. rights protecting the extraction, dissemination, use and reuse of data |
||||
in a Work; |
||||
|
||||
vi. database rights (such as those arising under Directive 96/9/EC of the |
||||
European Parliament and of the Council of 11 March 1996 on the legal protection |
||||
of databases, and under any national implementation thereof, including any |
||||
amended or successor version of such directive); and |
||||
|
||||
vii. other similar, equivalent or corresponding rights throughout the world |
||||
based on applicable law or treaty, and any national implementations thereof. |
||||
|
||||
2. Waiver. To the greatest extent permitted by, but not in contravention of, |
||||
applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and |
||||
unconditionally waives, abandons, and surrenders all of Affirmer's Copyright |
||||
and Related Rights and associated claims and causes of action, whether now |
||||
known or unknown (including existing as well as future claims and causes of |
||||
action), in the Work (i) in all territories worldwide, (ii) for the maximum |
||||
duration provided by applicable law or treaty (including future time extensions), |
||||
(iii) in any current or future medium and for any number of copies, and (iv) |
||||
for any purpose whatsoever, including without limitation commercial, advertising |
||||
or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the |
||||
benefit of each member of the public at large and to the detriment of Affirmer's |
||||
heirs and successors, fully intending that such Waiver shall not be subject |
||||
to revocation, rescission, cancellation, termination, or any other legal or |
||||
European Parliament and of the Council of 11 March 1996 on the legal |
||||
protection of databases, and under any national implementation |
||||
thereof, including any amended or successor version of such |
||||
directive); and |
||||
vii. other similar, equivalent or corresponding rights throughout the |
||||
world based on applicable law or treaty, and any national |
||||
implementations thereof. |
||||
|
||||
2. Waiver. To the greatest extent permitted by, but not in contravention |
||||
of, applicable law, Affirmer hereby overtly, fully, permanently, |
||||
irrevocably and unconditionally waives, abandons, and surrenders all of |
||||
Affirmer's Copyright and Related Rights and associated claims and causes |
||||
of action, whether now known or unknown (including existing as well as |
||||
future claims and causes of action), in the Work (i) in all territories |
||||
worldwide, (ii) for the maximum duration provided by applicable law or |
||||
treaty (including future time extensions), (iii) in any current or future |
||||
medium and for any number of copies, and (iv) for any purpose whatsoever, |
||||
including without limitation commercial, advertising or promotional |
||||
purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each |
||||
member of the public at large and to the detriment of Affirmer's heirs and |
||||
successors, fully intending that such Waiver shall not be subject to |
||||
revocation, rescission, cancellation, termination, or any other legal or |
||||
equitable action to disrupt the quiet enjoyment of the Work by the public |
||||
as contemplated by Affirmer's express Statement of Purpose. |
||||
|
||||
3. Public License Fallback. Should any part of the Waiver for any reason be |
||||
judged legally invalid or ineffective under applicable law, then the Waiver |
||||
shall be preserved to the maximum extent permitted taking into account Affirmer's |
||||
express Statement of Purpose. In addition, to the extent the Waiver is so |
||||
judged Affirmer hereby grants to each affected person a royalty-free, non |
||||
transferable, non sublicensable, non exclusive, irrevocable and unconditional |
||||
license to exercise Affirmer's Copyright and Related Rights in the Work (i) |
||||
in all territories worldwide, (ii) for the maximum duration provided by applicable |
||||
law or treaty (including future time extensions), (iii) in any current or |
||||
future medium and for any number of copies, and (iv) for any purpose whatsoever, |
||||
including without limitation commercial, advertising or promotional purposes |
||||
(the "License"). The License shall be deemed effective as of the date CC0 |
||||
was applied by Affirmer to the Work. Should any part of the License for any |
||||
3. Public License Fallback. Should any part of the Waiver for any reason |
||||
be judged legally invalid or ineffective under applicable law, then the |
||||
Waiver shall be preserved to the maximum extent permitted taking into |
||||
account Affirmer's express Statement of Purpose. In addition, to the |
||||
extent the Waiver is so judged Affirmer hereby grants to each affected |
||||
person a royalty-free, non transferable, non sublicensable, non exclusive, |
||||
irrevocable and unconditional license to exercise Affirmer's Copyright and |
||||
Related Rights in the Work (i) in all territories worldwide, (ii) for the |
||||
maximum duration provided by applicable law or treaty (including future |
||||
time extensions), (iii) in any current or future medium and for any number |
||||
of copies, and (iv) for any purpose whatsoever, including without |
||||
limitation commercial, advertising or promotional purposes (the |
||||
"License"). The License shall be deemed effective as of the date CC0 was |
||||
applied by Affirmer to the Work. Should any part of the License for any |
||||
reason be judged legally invalid or ineffective under applicable law, such |
||||
partial invalidity or ineffectiveness shall not invalidate the remainder of |
||||
the License, and in such case Affirmer hereby affirms that he or she will |
||||
not (i) exercise any of his or her remaining Copyright and Related Rights |
||||
in the Work or (ii) assert any associated claims and causes of action with |
||||
respect to the Work, in either case contrary to Affirmer's express Statement |
||||
of Purpose. |
||||
partial invalidity or ineffectiveness shall not invalidate the remainder |
||||
of the License, and in such case Affirmer hereby affirms that he or she |
||||
will not (i) exercise any of his or her remaining Copyright and Related |
||||
Rights in the Work or (ii) assert any associated claims and causes of |
||||
action with respect to the Work, in either case contrary to Affirmer's |
||||
express Statement of Purpose. |
||||
|
||||
4. Limitations and Disclaimers. |
||||
|
||||
a. No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, |
||||
licensed or otherwise affected by this document. |
||||
|
||||
b. Affirmer offers the Work as-is and makes no representations or warranties |
||||
of any kind concerning the Work, express, implied, statutory or otherwise, |
||||
including without limitation warranties of title, merchantability, fitness |
||||
for a particular purpose, non infringement, or the absence of latent or other |
||||
defects, accuracy, or the present or absence of errors, whether or not discoverable, |
||||
all to the greatest extent permissible under applicable law. |
||||
|
||||
a. No trademark or patent rights held by Affirmer are waived, abandoned, |
||||
surrendered, licensed or otherwise affected by this document. |
||||
b. Affirmer offers the Work as-is and makes no representations or |
||||
warranties of any kind concerning the Work, express, implied, |
||||
statutory or otherwise, including without limitation warranties of |
||||
title, merchantability, fitness for a particular purpose, non |
||||
infringement, or the absence of latent or other defects, accuracy, or |
||||
the present or absence of errors, whether or not discoverable, all to |
||||
the greatest extent permissible under applicable law. |
||||
c. Affirmer disclaims responsibility for clearing rights of other persons |
||||
that may apply to the Work or any use thereof, including without limitation |
||||
any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims |
||||
responsibility for obtaining any necessary consents, permissions or other |
||||
rights required for any use of the Work. |
||||
|
||||
d. Affirmer understands and acknowledges that Creative Commons is not a party |
||||
to this document and has no duty or obligation with respect to this CC0 or |
||||
use of the Work. |
||||
that may apply to the Work or any use thereof, including without |
||||
limitation any person's Copyright and Related Rights in the Work. |
||||
Further, Affirmer disclaims responsibility for obtaining any necessary |
||||
consents, permissions or other rights required for any use of the |
||||
Work. |
||||
d. Affirmer understands and acknowledges that Creative Commons is not a |
||||
party to this document and has no duty or obligation with respect to |
||||
this CC0 or use of the Work. |
||||
|
@ -1,477 +1,506 @@ |
||||
CeCILL FREE SOFTWARE LICENSE AGREEMENT Notice |
||||
|
||||
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: |
||||
CeCILL FREE SOFTWARE LICENSE AGREEMENT |
||||
|
||||
* 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. |
||||
Notice |
||||
|
||||
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 |
||||
industrial research establishment, having its principal place of business |
||||
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
||||
Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
||||
and industrial research establishment, 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, |
||||
a public scientific and technological establishment, having its principal |
||||
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay |
||||
cedex, France. |
||||
The exercising of these rights is conditional upon certain obligations |
||||
for users so as to preserve this status for all subsequent redistributions. |
||||
|
||||
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. |
||||
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. |
||||
|
||||
The exercising of these rights is conditional upon certain obligations for |
||||
users so as to preserve this status for all subsequent redistributions. |
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
|
||||
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: |
||||
|
||||
|
||||
|
||||
Agreement: means this license agreement, and its possible subsequent 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. |
||||
|
||||
|
||||
|
||||
Modified Software: means the Software modified by at least one Contribution. |
||||
|
||||
|
||||
For the purpose of this Agreement, when the following expressions |
||||
commence with a capital letter, they shall have the following meaning: |
||||
|
||||
Source Code: means all the Software's instructions and program lines to which |
||||
access is required so as to modify the Software. |
||||
Agreement: means this license agreement, and its possible subsequent |
||||
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. |
||||
|
||||
Object Code: means the binary files originating from the compilation of the |
||||
Source Code. |
||||
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. |
||||
|
||||
|
||||
Holder: means the holder(s) of the economic rights over the Initial |
||||
Software. |
||||
|
||||
Licensee: means the Software user(s) having accepted the Agreement. |
||||
|
||||
|
||||
|
||||
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. |
||||
|
||||
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. |
||||
|
||||
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. |
||||
|
||||
|
||||
|
||||
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. |
||||
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. |
||||
|
||||
GNU GPL: means the GNU General Public License version 2 or any subsequent |
||||
version, as published by the Free Software Foundation Inc. |
||||
|
||||
|
||||
GNU GPL: means the GNU General Public License version 2 or any |
||||
subsequent version, as published by the Free Software Foundation Inc. |
||||
|
||||
Parties: mean both the Licensee and the Licensor. |
||||
|
||||
These expressions may be used both in singular and plural form. |
||||
|
||||
|
||||
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. |
||||
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 |
||||
|
||||
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: |
||||
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; |
||||
* (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. |
||||
|
||||
(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. |
||||
|
||||
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. |
||||
|
||||
Article 4 - EFFECTIVE DATE AND TERM |
||||
|
||||
|
||||
4.1 EFFECTIVE DATE |
||||
|
||||
The Agreement shall become effective on the date when it is accepted by the |
||||
Licensee as set forth in Article 3.1. |
||||
The Agreement shall become effective on the date when it is accepted by |
||||
the Licensee as set forth in Article 3.1. |
||||
|
||||
|
||||
4.2 TERM |
||||
|
||||
The Agreement shall remain in force for the entire legal term of protection |
||||
of the economic rights over the Software. |
||||
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 |
||||
|
||||
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. |
||||
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 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. |
||||
|
||||
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. |
||||
|
||||
5.1 RIGHT OF USE |
||||
|
||||
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: |
||||
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: |
||||
|
||||
1. permanent or temporary reproduction of all or part of the Software by any |
||||
or all means and in any or all form. |
||||
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. |
||||
2. loading, displaying, running, or storing the Software on any or |
||||
all medium. |
||||
|
||||
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. 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 |
||||
|
||||
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. |
||||
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. |
||||
|
||||
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 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. |
||||
|
||||
5.3 RIGHT OF DISTRIBUTION |
||||
|
||||
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. |
||||
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 |
||||
unmodified Software to third parties according to the terms and conditions |
||||
set forth hereinafter. |
||||
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. |
||||
|
||||
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||
|
||||
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: |
||||
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||
|
||||
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, |
||||
|
||||
2. a notice relating to the limitation of both the Licensor's warranty and |
||||
liability as set forth in Articles 8 and 9, |
||||
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 Software is |
||||
redistributed, the Licensee allows future Licensees unhindered access to |
||||
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. |
||||
|
||||
and that, in the event that only the Object Code of the Software is redistributed, |
||||
the Licensee allows future Licensees unhindered access to 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. |
||||
|
||||
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE |
||||
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
||||
|
||||
When the Licensee makes a Contribution to the Software, the terms and conditions |
||||
for the distribution of the resulting Modified Software become subject to |
||||
all the provisions of this Agreement. |
||||
When the Licensee makes a Contribution to the Software, the terms 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: |
||||
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, |
||||
|
||||
2. a notice relating to the limitation of both the Licensor's warranty and |
||||
liability as set forth in Articles 8 and 9, |
||||
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 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. |
||||
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. |
||||
|
||||
|
||||
5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
||||
|
||||
5.3.3. DISTRIBUTION OF EXTERNAL MODULES |
||||
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. |
||||
|
||||
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. |
||||
|
||||
5.3.4. COMPATIBILITY WITH THE GNU GPL |
||||
5.3.4 COMPATIBILITY WITH THE GNU GPL |
||||
|
||||
The Licensee can include a code that is subject to the provisions of one 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. |
||||
The Licensee can include a code that is subject to the provisions of one |
||||
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. |
||||
|
||||
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. |
||||
|
||||
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 |
||||
|
||||
|
||||
6.1 OVER THE INITIAL SOFTWARE |
||||
|
||||
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 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 by this Agreement, for the duration set forth in Article 4.2. |
||||
|
||||
The Holder undertakes that the Initial Software will remain ruled at least |
||||
by this Agreement, for the duration set forth in Article 4.2. |
||||
|
||||
6.2 OVER THE CONTRIBUTIONS |
||||
|
||||
The Licensee who develops a Contribution is the owner of the intellectual |
||||
property rights over this Contribution as defined by applicable law. |
||||
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 |
||||
|
||||
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 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. |
||||
|
||||
|
||||
6.4 JOINT PROVISIONS |
||||
|
||||
The Licensee expressly undertakes: |
||||
|
||||
1. not to remove, or modify, in any manner, the intellectual property notices |
||||
attached to the Software; |
||||
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. |
||||
|
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
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. |
||||
10.1 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. |
||||
|
||||
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 |
||||
|
||||
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. |
||||
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 |
||||
|
||||
The Agreement is drafted in both French and English and both versions are |
||||
deemed authentic. |
||||
The Agreement is drafted in both French and English and both versions |
||||
are 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 |
||||
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 be subsequently distributed under the same version of the Agreement |
||||
or a subsequent version, subject to the provisions of Article 5.3.4. |
||||
|
||||
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. |
||||
|
||||
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 to seek an amicable solution to any disagreements or disputes |
||||
that may arise during the performance of the Agreement. |
||||
|
||||
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. |
||||
|
||||
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) |
||||
L(ibre) |
||||
Version 2.0 dated 2006-09-05. |
||||
|
@ -1,493 +1,518 @@ |
||||
CeCILL FREE SOFTWARE LICENSE AGREEMENT |
||||
|
||||
Version 2.1 dated 2013-06-21 Notice |
||||
|
||||
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: |
||||
CeCILL FREE SOFTWARE LICENSE AGREEMENT |
||||
|
||||
* firstly, compliance with the principles governing the distribution of Free |
||||
Software: access to source code, broad rights granted to users, |
||||
Version 2.1 dated 2013-06-21 |
||||
|
||||
* 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 CeCILL¹ license are: |
||||
Notice |
||||
|
||||
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. |
||||
|
||||
Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a public |
||||
scientific, technical and industrial research establishment, having its principal |
||||
place of business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
||||
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 scientific, technical and industrial research establishment, |
||||
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. |
||||
|
||||
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. |
||||
|
||||
|
||||
Preamble |
||||
|
||||
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. |
||||
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. |
||||
|
||||
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. |
||||
The exercising of this right is conditional upon certain obligations for |
||||
users so as to preserve this status for all subsequent redistributions. |
||||
|
||||
The exercising of this right is conditional upon certain obligations for users |
||||
so as to preserve this status for all subsequent redistributions. |
||||
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 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. |
||||
|
||||
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. |
||||
|
||||
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 licenses family (http://www.cecill.info/index.en.html) for any |
||||
necessary clarification. |
||||
|
||||
Frequently asked questions can be found on the official website of the CeCILL |
||||
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: |
||||
|
||||
|
||||
|
||||
Agreement: means this license agreement, and its possible subsequent 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. |
||||
|
||||
|
||||
|
||||
Modified Software: means the Software modified by at least one Contribution. |
||||
|
||||
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. |
||||
|
||||
Source Code: means all the Software's instructions and program lines to which |
||||
access is required so as to modify the Software. |
||||
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. |
||||
|
||||
Modified Software: means the Software modified by at least one |
||||
Contribution. |
||||
|
||||
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 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. |
||||
|
||||
Licensee: means the Software user(s) having accepted the Agreement. |
||||
|
||||
|
||||
|
||||
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. |
||||
|
||||
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. |
||||
|
||||
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. |
||||
|
||||
|
||||
|
||||
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. |
||||
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. |
||||
|
||||
GNU GPL: means the GNU General Public License version 2 or any subsequent |
||||
version, as published by the Free Software Foundation Inc. |
||||
|
||||
|
||||
|
||||
GNU Affero GPL: means the GNU Affero General Public License version 3 or any |
||||
GNU GPL: means the GNU General Public License version 2 or any |
||||
subsequent version, as published by the Free Software Foundation Inc. |
||||
|
||||
GNU Affero GPL: means the GNU Affero General Public License version 3 or |
||||
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. |
||||
|
||||
|
||||
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. |
||||
|
||||
These expressions may be used both in singular and plural form. |
||||
|
||||
|
||||
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 <#scope> hereinafter for the whole term of the protection |
||||
granted by the rights over said 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 <#scope> hereinafter for the whole |
||||
term of the protection granted by the rights over said Software. |
||||
|
||||
|
||||
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: |
||||
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; |
||||
* (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. |
||||
|
||||
(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. |
||||
|
||||
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. |
||||
|
||||
Article 4 - EFFECTIVE DATE AND TERM |
||||
|
||||
|
||||
4.1 EFFECTIVE DATE |
||||
|
||||
The Agreement shall become effective on the date when it is accepted by the |
||||
Licensee as set forth in Article 3.1 <#accepting> . |
||||
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 |
||||
|
||||
The Agreement shall remain in force for the entire legal term of protection |
||||
of the economic rights over the Software. |
||||
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 |
||||
|
||||
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. |
||||
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 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. |
||||
|
||||
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. |
||||
|
||||
5.1 RIGHT OF USE |
||||
|
||||
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: |
||||
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: |
||||
|
||||
1. permanent or temporary reproduction of all or part of the Software |
||||
by any or all means and in any or all form. |
||||
|
||||
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. |
||||
|
||||
2. loading, displaying, running, or storing the Software on any or all medium. |
||||
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. 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 |
||||
|
||||
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. |
||||
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. |
||||
|
||||
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 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. |
||||
|
||||
5.3 RIGHT OF DISTRIBUTION |
||||
|
||||
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. |
||||
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 unmodified Software to third parties according to the terms and |
||||
conditions set forth hereinafter. |
||||
|
||||
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. |
||||
|
||||
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||
|
||||
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 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, |
||||
|
||||
2. a notice relating to the limitation of both the Licensor's warranty and |
||||
liability as set forth in Articles 8 and 9, |
||||
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 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. |
||||
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 |
||||
|
||||
When the Licensee makes a Contribution to the Software, the terms and conditions |
||||
for the distribution of the resulting Modified Software become subject to |
||||
all the provisions of this Agreement. |
||||
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
||||
|
||||
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: |
||||
When the Licensee makes a Contribution to the Software, the terms 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, |
||||
|
||||
2. a notice relating to the limitation of both the Licensor's warranty and |
||||
liability as set forth in Articles 8 and 9, |
||||
2. a notice relating to the limitation of both the Licensor's warranty |
||||
and liability as set forth in Articles 8 and 9, |
||||
|
||||
and, in the event that only the object code of the Modified Software is |
||||
redistributed, |
||||
|
||||
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 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. |
||||
|
||||
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. |
||||
|
||||
5.3.3. DISTRIBUTION OF EXTERNAL MODULES |
||||
5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
||||
|
||||
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. |
||||
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. |
||||
|
||||
5.3.4. COMPATIBILITY WITH OTHER LICENSES |
||||
|
||||
The Licensee can include a code that is subject to the provisions of one of |
||||
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. |
||||
5.3.4 COMPATIBILITY WITH OTHER LICENSES |
||||
|
||||
The Licensee can include a code that is subject to the provisions of one |
||||
of 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 is subject to the provisions of one of the versions of the GNU GPL, |
||||
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. |
||||
|
||||
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, 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. |
||||
|
||||
Article 6 - INTELLECTUAL PROPERTY |
||||
|
||||
|
||||
6.1 OVER THE INITIAL SOFTWARE |
||||
|
||||
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 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 by this Agreement, for the duration set forth in Article 4.2 <#term>. |
||||
|
||||
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 |
||||
|
||||
The Licensee who develops a Contribution is the owner of the intellectual |
||||
property rights over this Contribution as defined by applicable law. |
||||
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 |
||||
|
||||
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 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. |
||||
|
||||
|
||||
6.4 JOINT PROVISIONS |
||||
|
||||
The Licensee expressly undertakes: |
||||
|
||||
1. not to remove, or modify, in any manner, the intellectual property notices |
||||
attached to the Software; |
||||
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. |
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
|
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
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. |
||||
10.1 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. |
||||
|
||||
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 |
||||
|
||||
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. |
||||
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 |
||||
|
||||
The Agreement is drafted in both French and English and both versions are |
||||
deemed authentic. |
||||
The Agreement is drafted in both French and English and both versions |
||||
are 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 |
||||
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 be subsequently distributed under the same version of the Agreement |
||||
or a subsequent version, subject to the provisions of Article 5.3.4 |
||||
<#compatibility>. |
||||
|
||||
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 |
||||
|
||||
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 to seek an amicable solution to any disagreements or disputes |
||||
that may arise during the performance of the Agreement. |
||||
|
||||
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. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) L(ibre) |
||||
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. |
||||
|
@ -1,484 +1,515 @@ |
||||
CeCILL-B FREE SOFTWARE LICENSE AGREEMENT Notice |
||||
|
||||
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: |
||||
CeCILL-B FREE SOFTWARE LICENSE AGREEMENT |
||||
|
||||
* 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. |
||||
Notice |
||||
|
||||
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 |
||||
industrial research establishment, having its principal place of business |
||||
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
||||
Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
||||
and industrial research establishment, 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 |
||||
|
||||
|
||||
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 This Agreement is an open source software license intended to give |
||||
users significant freedom to modify and redistribute the software licensed |
||||
This Agreement is an open source software license intended to give users |
||||
significant freedom to modify and redistribute the software licensed |
||||
hereunder. |
||||
|
||||
The exercising of this freedom is conditional upon a strong obligation of |
||||
giving credits for everybody that distributes a software incorporating a software |
||||
ruled by the current license so as all 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: |
||||
|
||||
|
||||
|
||||
Agreement: means this license agreement, and its possible subsequent 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. |
||||
|
||||
The exercising of this freedom is conditional upon a strong obligation |
||||
of giving credits for everybody that distributes a software |
||||
incorporating a software ruled by the current license so as all |
||||
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. |
||||
|
||||
|
||||
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. |
||||
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 and annexes. |
||||
|
||||
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, 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. |
||||
|
||||
Modified Software: means the Software modified by at least one |
||||
Contribution. |
||||
|
||||
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 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. |
||||
|
||||
Licensee: means the Software user(s) having accepted the Agreement. |
||||
|
||||
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. |
||||
|
||||
Contributor: means a Licensee having made at least one Contribution. |
||||
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. |
||||
|
||||
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. |
||||
|
||||
Licensor: means the Holder, or any other individual or legal entity, who distributes |
||||
the Software under the Agreement. |
||||
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. |
||||
|
||||
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. |
||||
|
||||
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. |
||||
|
||||
Module: means a set of sources files including their documentation that enables |
||||
supplementary functions or services in addition to those offered by the Software. |
||||
|
||||
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: |
||||
|
||||
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. |
||||
* (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. |
||||
|
||||
|
||||
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 |
||||
|
||||
|
||||
4.1 EFFECTIVE DATE |
||||
|
||||
Parties: mean both the Licensee and the Licensor. |
||||
The Agreement shall become effective on the date when it is accepted by |
||||
the Licensee as set forth in Article 3.1. |
||||
|
||||
These expressions may be used both in singular and plural form. |
||||
|
||||
Article 2 - PURPOSE |
||||
4.2 TERM |
||||
|
||||
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. |
||||
The Agreement shall remain in force for the entire legal term of |
||||
protection of the economic rights over the Software. |
||||
|
||||
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: |
||||
Article 5 - SCOPE OF RIGHTS GRANTED |
||||
|
||||
(i) loading the Software by any or all means, notably, by downloading from |
||||
a remote server, or by loading from a physical medium; |
||||
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. |
||||
|
||||
(ii) the first time the Licensee exercises any of the rights granted hereunder. |
||||
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. |
||||
|
||||
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. |
||||
|
||||
Article 4 - EFFECTIVE DATE AND TERM |
||||
5.1 RIGHT OF USE |
||||
|
||||
4.1 EFFECTIVE DATE |
||||
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: |
||||
|
||||
The Agreement shall become effective on the date when it is accepted by the |
||||
Licensee as set forth in Article 3.1. |
||||
1. permanent or temporary reproduction of all or part of the Software |
||||
by any or all means and in any or all form. |
||||
|
||||
4.2 TERM |
||||
2. loading, displaying, running, or storing the Software on any or |
||||
all medium. |
||||
|
||||
The Agreement shall remain in force for the entire legal term of protection |
||||
of the economic rights over the Software. |
||||
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. |
||||
|
||||
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. |
||||
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
||||
|
||||
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. |
||||
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. |
||||
|
||||
5.1 RIGHT OF USE |
||||
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 Licensee is authorized to use the Software, without any limitation as |
||||
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 |
||||
or all means and in any or all form. |
||||
5.3 RIGHT OF DISTRIBUTION |
||||
|
||||
2. loading, displaying, running, or storing the Software on any or all medium. |
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
|
||||
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
||||
|
||||
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. |
||||
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||
|
||||
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 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: |
||||
|
||||
5.3 RIGHT OF DISTRIBUTION |
||||
1. a copy of the Agreement, |
||||
|
||||
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. |
||||
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 further authorized to distribute copies of the modified or |
||||
unmodified Software to third parties according to the terms and conditions |
||||
set forth hereinafter. |
||||
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 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. |
||||
|
||||
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||
|
||||
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: |
||||
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
||||
|
||||
1. a copy of the Agreement, |
||||
If the Licensee makes any Contribution to the Software, the resulting |
||||
Modified Software may be distributed under a license agreement other |
||||
than this Agreement subject to compliance with the provisions of Article |
||||
5.3.4. |
||||
|
||||
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 Software is redistributed, |
||||
the Licensee allows effective access to the full Source 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. |
||||
5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
||||
|
||||
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE |
||||
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. |
||||
|
||||
If the Licensee makes any Contribution to the Software, the resulting Modified |
||||
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 |
||||
5.3.4 CREDITS |
||||
|
||||
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. |
||||
Any Licensee who may distribute a Modified Software hereby expressly |
||||
agrees to: |
||||
|
||||
5.3.4. CREDITS |
||||
1. indicate in the related documentation that it is based on the |
||||
Software licensed hereunder, and reproduce the intellectual |
||||
property notice for the Software, |
||||
|
||||
Any Licensee who may distribute a Modified Software hereby expressly agrees |
||||
to: |
||||
2. ensure that written indications of the Software intended use, |
||||
intellectual property notice and license hereunder are included in |
||||
easily accessible format from the Modified Software interface, |
||||
|
||||
1. indicate in the related documentation that it is based on the Software |
||||
licensed hereunder, and reproduce the intellectual property notice for the |
||||
Software, |
||||
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. ensure that written indications of the Software intended use, intellectual |
||||
property notice and license hereunder are included in easily accessible format |
||||
from the Modified Software interface, |
||||
4. where it is distributed to a third party that may distribute a |
||||
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 . |
||||
|
||||
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, |
||||
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. |
||||
|
||||
4. where it is distributed to a third party that may distribute a 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 . |
||||
|
||||
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 |
||||
|
||||
5.3.5. COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES |
||||
Where a Modified Software contains a Contribution subject to the CeCILL |
||||
license, the provisions set forth in Article 5.3.4 shall be optional. |
||||
|
||||
Where a Modified Software contains a Contribution subject to the CeCILL license, |
||||
the provisions set forth in Article 5.3.4 shall be optional. |
||||
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. |
||||
|
||||
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 |
||||
|
||||
|
||||
6.1 OVER THE INITIAL SOFTWARE |
||||
|
||||
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 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 by this Agreement, for the duration set forth in Article 4.2. |
||||
|
||||
The Holder undertakes that the Initial Software will remain ruled at least |
||||
by this Agreement, for the duration set forth in Article 4.2. |
||||
|
||||
6.2 OVER THE CONTRIBUTIONS |
||||
|
||||
The Licensee who develops a Contribution is the owner of the intellectual |
||||
property rights over this Contribution as defined by applicable law. |
||||
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 |
||||
|
||||
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 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. |
||||
|
||||
|
||||
6.4 JOINT PROVISIONS |
||||
|
||||
The Licensee expressly undertakes: |
||||
|
||||
1. not to remove, or modify, in any manner, the intellectual property notices |
||||
attached to the Software; |
||||
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. |
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
|
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
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. |
||||
10.1 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. |
||||
|
||||
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 |
||||
|
||||
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. |
||||
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 |
||||
|
||||
The Agreement is drafted in both French and English and both versions are |
||||
deemed authentic. |
||||
The Agreement is drafted in both French and English and both versions |
||||
are 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 |
||||
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 be subsequently distributed under the same version of the Agreement |
||||
or a subsequent version. |
||||
|
||||
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. |
||||
|
||||
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 to seek an amicable solution to any disagreements or disputes |
||||
that may arise during the performance of the Agreement. |
||||
|
||||
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. |
||||
|
||||
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) |
||||
L(ibre) |
||||
Version 1.0 dated 2006-09-05. |
||||
|
@ -1,487 +1,517 @@ |
||||
CeCILL-C FREE SOFTWARE LICENSE AGREEMENT Notice |
||||
|
||||
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: |
||||
CeCILL-C FREE SOFTWARE LICENSE AGREEMENT |
||||
|
||||
* 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. |
||||
Notice |
||||
|
||||
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 |
||||
industrial research establishment, having its principal place of business |
||||
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
||||
Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
||||
and industrial research establishment, 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 |
||||
|
||||
|
||||
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 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 exercising of this right is conditional upon the obligation to make available |
||||
to the community the modifications made to the source code of 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 |
||||
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: |
||||
|
||||
The exercising of this right is conditional upon the obligation to make |
||||
available to the community the modifications made to the source code of |
||||
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. |
||||
|
||||
Agreement: means this license agreement, and its possible subsequent versions |
||||
and annexes. |
||||
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. |
||||
|
||||
|
||||
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. |
||||
|
||||
|
||||
|
||||
Modified Software: means the Software modified by at least one Integrated |
||||
Contribution. |
||||
|
||||
|
||||
|
||||
Source Code: means all the Software's instructions and program lines to which |
||||
access is required so as to modify the Software. |
||||
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 and annexes. |
||||
|
||||
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, 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. |
||||
|
||||
Modified Software: means the Software modified by at least one |
||||
Integrated Contribution. |
||||
|
||||
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 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. |
||||
|
||||
Licensee: means the Software user(s) having accepted the Agreement. |
||||
|
||||
Contributor: means a Licensee having made at least one Integrated |
||||
Contribution. |
||||
|
||||
Licensor: means the Holder, or any other individual or legal entity, who |
||||
distributes the Software under the Agreement. |
||||
|
||||
Contributor: means a Licensee having made at least one Integrated 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. |
||||
|
||||
|
||||
|
||||
Related Module: means a set of sources files including their 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. |
||||
Integrated Contribution: means any or all modifications, corrections, |
||||
translations, adaptations and/or new functions integrated into the |
||||
Source Code by any or all Contributors. |
||||
|
||||
Related Module: means a set of sources files including their |
||||
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. |
||||
|
||||
These expressions may be used both in singular and plural form. |
||||
|
||||
|
||||
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. |
||||
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 |
||||
|
||||
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: |
||||
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; |
||||
* (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. |
||||
|
||||
(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. |
||||
|
||||
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. |
||||
|
||||
Article 4 - EFFECTIVE DATE AND TERM |
||||
|
||||
|
||||
4.1 EFFECTIVE DATE |
||||
|
||||
The Agreement shall become effective on the date when it is accepted by the |
||||
Licensee as set forth in Article 3.1. |
||||
The Agreement shall become effective on the date when it is accepted by |
||||
the Licensee as set forth in Article 3.1. |
||||
|
||||
|
||||
4.2 TERM |
||||
|
||||
The Agreement shall remain in force for the entire legal term of protection |
||||
of the economic rights over the Software. |
||||
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 |
||||
|
||||
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. |
||||
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 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. |
||||
|
||||
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. |
||||
|
||||
5.1 RIGHT OF USE |
||||
|
||||
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: |
||||
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: |
||||
|
||||
1. permanent or temporary reproduction of all or part of the Software |
||||
by any or all means and in any or all form. |
||||
|
||||
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. |
||||
|
||||
2. loading, displaying, running, or storing the Software on any or all medium. |
||||
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. 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 RIGHT OF MODIFICATION |
||||
|
||||
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. |
||||
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. |
||||
|
||||
The Licensee is authorized to make any or all modification to the |
||||
Software provided that it includes an explicit notice that it is the |
||||
author of said modification and indicates the date of the creation thereof. |
||||
|
||||
The Licensee is authorized to make any or all modification to the Software |
||||
provided that it includes an explicit notice that it is the author of said |
||||
modification and indicates the date of the creation thereof. |
||||
|
||||
5.3 RIGHT OF DISTRIBUTION |
||||
|
||||
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. |
||||
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 unmodified Software to third parties according to the terms and |
||||
conditions set forth hereinafter. |
||||
|
||||
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. |
||||
|
||||
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
||||
|
||||
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 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, |
||||
|
||||
2. a notice relating to the limitation of both the Licensor's warranty and |
||||
liability as set forth in Articles 8 and 9, |
||||
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 Software is redistributed, |
||||
the Licensee allows effective access to the full Source 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. |
||||
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 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. |
||||
|
||||
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE |
||||
|
||||
When the Licensee makes an Integrated Contribution to the Software, the terms |
||||
and conditions for the distribution of the resulting Modified Software become |
||||
subject to all the provisions of this Agreement. |
||||
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
||||
|
||||
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: |
||||
When the Licensee makes an Integrated Contribution to the Software, the |
||||
terms 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, |
||||
|
||||
2. a notice relating to the limitation of both the Licensor's warranty and |
||||
liability as set forth in Articles 8 and 9, |
||||
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. |
||||
|
||||
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 |
||||
5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE |
||||
|
||||
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: |
||||
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: |
||||
|
||||
1. the resulting Modified Software will be governed by this Agreement, |
||||
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 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. |
||||
|
||||
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 |
||||
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 |
||||
|
||||
5.3.4. COMPATIBILITY WITH THE CeCILL LICENSE |
||||
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. |
||||
|
||||
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 |
||||
|
||||
|
||||
6.1 OVER THE INITIAL SOFTWARE |
||||
|
||||
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 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 by this Agreement, for the duration set forth in Article 4.2. |
||||
|
||||
The Holder undertakes that the Initial Software will remain ruled at least |
||||
by this Agreement, for the duration set forth in Article 4.2. |
||||
|
||||
6.2 OVER THE INTEGRATED CONTRIBUTIONS |
||||
|
||||
The Licensee who develops an Integrated Contribution is the owner of the intellectual |
||||
property rights over this Contribution as defined by applicable law. |
||||
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 |
||||
|
||||
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 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. |
||||
|
||||
|
||||
6.4 NOTICE OF RIGHTS |
||||
|
||||
The Licensee expressly undertakes: |
||||
|
||||
1. not to remove, or modify, in any manner, the intellectual property notices |
||||
attached to the Software; |
||||
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; |
||||
|
||||
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. |
||||
|
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
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. |
||||
10.1 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. |
||||
|
||||
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 |
||||
|
||||
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. |
||||
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 |
||||
|
||||
The Agreement is drafted in both French and English and both versions are |
||||
deemed authentic. |
||||
The Agreement is drafted in both French and English and both versions |
||||
are 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 |
||||
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 be subsequently distributed under the same version of the Agreement |
||||
or a subsequent version. |
||||
|
||||
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. |
||||
|
||||
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 to seek an amicable solution to any disagreements or disputes |
||||
that may arise during the performance of the Agreement. |
||||
|
||||
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. |
||||
|
||||
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) |
||||
L(ibre) |
||||
Version 1.0 dated 2006-09-05. |
||||
|
@ -1,168 +1,199 @@ |
||||
CERN Open Hardware Licence Version 2 - Permissive |
||||
|
||||
|
||||
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: this |
||||
licence, CERN-OHL-P (permissive); and two reciprocal licences: CERN- OHL-W |
||||
(weakly reciprocal) and CERN-OHL-S (strongly reciprocal). |
||||
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: this licence, CERN-OHL-P |
||||
(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 |
||||
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. |
||||
|
||||
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 |
||||
|
||||
1.1 'Licence' means this CERN-OHL-P. |
||||
|
||||
1.2 'Source' means information such as design materials or digital 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. |
||||
1.2 'Source' means information such as design materials or digital |
||||
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. |
||||
|
||||
1.3 'Covered Source' means Source that is explicitly made available under |
||||
this Licence. |
||||
1.3 'Covered Source' means Source that is explicitly made available |
||||
under this Licence. |
||||
|
||||
1.4 'Product' means any device, component, work or physical object, whether |
||||
in finished or intermediate form, arising from the use, application or processing |
||||
of Covered Source. |
||||
1.4 'Product' means any device, component, work or physical object, |
||||
whether in finished or intermediate form, arising from the use, |
||||
application or processing of Covered Source. |
||||
|
||||
1.5 'Make' means to create or configure something, whether by manufacture, |
||||
assembly, compiling, loading or applying Covered Source or another Product |
||||
or otherwise. |
||||
1.5 'Make' means to create or configure something, whether by |
||||
manufacture, assembly, compiling, loading or applying Covered |
||||
Source or another Product or otherwise. |
||||
|
||||
1.6 'Notice' means copyright, acknowledgement and trademark notices, references |
||||
to the location of any Notices, modification notices (subsection 3.3(b)) and |
||||
all notices that refer to this Licence and to the disclaimer of warranties |
||||
that are included in the Covered Source. |
||||
1.6 'Notice' means copyright, acknowledgement and trademark notices, |
||||
references to the location of any Notices, modification notices |
||||
(subsection 3.3(b)) and all notices that refer to this Licence |
||||
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 |
||||
and subsequently Conveys the resulting Covered Source under the terms and |
||||
conditions of this Licence. A person may be a Licensee and a Licensor at the |
||||
same time. |
||||
1.8 'Licensor' means a person who creates Source or modifies Covered |
||||
Source and subsequently Conveys the resulting Covered Source |
||||
under the terms and conditions of this Licence. A person may be |
||||
a Licensee and a Licensor at the same time. |
||||
|
||||
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 |
||||
Source and Products, and the Making of Products. By exercising any right granted |
||||
under this Licence, You irrevocably accept these terms and conditions. |
||||
2.1 This Licence governs the use, copying, modification, Conveying |
||||
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. |
||||
|
||||
2.2 This Licence is granted by the Licensor directly to You, and shall apply |
||||
worldwide and without limitation in time. |
||||
2.2 This Licence is granted by the Licensor directly to You, and |
||||
shall apply worldwide and without limitation in time. |
||||
|
||||
2.3 You shall not attempt to restrict by contract or otherwise the rights |
||||
granted under this Licence to other Licensees. |
||||
2.3 You shall not attempt to restrict by contract or otherwise the |
||||
rights granted under this Licence to other Licensees. |
||||
|
||||
2.4 This Licence is not intended to restrict fair use, fair dealing, |
||||
or any other similar right. |
||||
|
||||
2.4 This Licence is not intended to restrict fair use, fair dealing, or any |
||||
other similar right. |
||||
|
||||
3 Copying, modifying and Conveying Covered Source |
||||
|
||||
3.1 You may copy and Convey verbatim copies of Covered Source, in any medium, |
||||
provided You retain all Notices. |
||||
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. |
||||
|
||||
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. |
||||
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. |
||||
|
||||
3.3 You may Convey modified Covered Source (with the effect that You shall |
||||
also become a Licensor) provided that You: |
||||
3.3 You may Convey modified Covered Source (with the effect that You |
||||
shall also become a Licensor) provided that You: |
||||
|
||||
a) retain Notices as required in subsection 3.2; 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) 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. |
||||
|
||||
3.4 You may Convey Covered Source or modified Covered Source under licence |
||||
terms which differ from the terms of this Licence provided that: |
||||
3.4 You may Convey Covered Source or modified Covered Source under |
||||
licence terms which differ from the terms of this Licence |
||||
provided that: |
||||
|
||||
a) You comply at all times with subsection 3.3; and |
||||
|
||||
b) You provide a copy of this Licence to anyone to whom You Convey Covered |
||||
Source or modified Covered Source. |
||||
b) You provide a copy of this Licence to anyone to whom You |
||||
Convey Covered Source or modified Covered Source. |
||||
|
||||
|
||||
4 Making and Conveying Products |
||||
|
||||
You may Make Products, and/or Convey them, provided that You ensure that the |
||||
recipient of the Product has access to any Notices applicable to the Product. |
||||
You may Make Products, and/or Convey them, provided that You ensure |
||||
that the recipient of the Product has access to any Notices applicable |
||||
to the Product. |
||||
|
||||
|
||||
5 DISCLAIMER AND LIABILITY |
||||
|
||||
5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products are provided |
||||
'as is' and any express or implied warranties, including, but not limited |
||||
to, implied warranties of merchantability, of satisfactory quality, non-infringement |
||||
of third party rights, and fitness for a particular purpose or use are disclaimed |
||||
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 |
||||
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. |
||||
5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products |
||||
are provided 'as is' and any express or implied warranties, |
||||
including, but not limited to, implied warranties of |
||||
merchantability, of satisfactory quality, non-infringement of |
||||
third party rights, and fitness for a particular purpose or use |
||||
are disclaimed 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 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 |
||||
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. |
||||
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. |
||||
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. |
||||
|
Some files were not shown because too many files have changed in this diff Show More
Loading…
Reference in new issue