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484 lines
21 KiB
484 lines
21 KiB
CeCILL-B FREE SOFTWARE LICENSE AGREEMENT Notice
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This Agreement is a Free Software license agreement that is the result of
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discussions between its authors in order to ensure compliance with the two
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main principles guiding its drafting:
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* firstly, compliance with the principles governing the distribution of Free
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Software: access to source code, broad rights granted to users,
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* secondly, the election of a governing law, French law, with which it is
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conformant, both as regards the law of torts and intellectual property law,
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and the protection that it offers to both authors and holders of the economic
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rights over software.
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The authors of the CeCILL¹ license are:
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Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
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industrial research establishment, having its principal place of business
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at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
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Centre National de la Recherche Scientifique - CNRS, a public scientific and
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technological establishment, having its principal place of business at 3 rue
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Michel-Ange, 75794 Paris cedex 16, France.
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Institut National de Recherche en Informatique et en Automatique - INRIA,
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a public scientific and technological establishment, having its principal
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place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
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cedex, France.
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Preamble This Agreement is an open source software license intended to give
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users significant freedom to modify and redistribute the software licensed
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hereunder.
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The exercising of this freedom is conditional upon a strong obligation of
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giving credits for everybody that distributes a software incorporating a software
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ruled by the current license so as all contributions to be properly identified
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and acknowledged.
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In consideration of access to the source code and the rights to copy, modify
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and redistribute granted by the license, users are provided only with a limited
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warranty and the software's author, the holder of the economic rights, and
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the successive licensors only have limited liability.
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In this respect, the risks associated with loading, using, modifying and/or
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developing or reproducing the software by the user are brought to the user's
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attention, given its Free Software status, which may make it complicated to
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use, with the result that its use is reserved for developers and experienced
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professionals having in-depth computer knowledge. Users are therefore encouraged
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to load and test the suitability of the software as regards their requirements
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in conditions enabling the security of their systems and/or data to be ensured
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and, more generally, to use and operate it in the same conditions of security.
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This Agreement may be freely reproduced and published, provided it is not
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altered, and that no provisions are either added or removed herefrom.
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This Agreement may apply to any or all software for which the holder of the
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economic rights decides to submit the use thereof to its provisions.
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Article 1 - DEFINITIONS
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For the purpose of this Agreement, when the following expressions commence
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with a capital letter, they shall have the following meaning:
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Agreement: means this license agreement, and its possible subsequent versions
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and annexes.
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Software: means the software in its Object Code and/or Source Code form and,
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where applicable, its documentation, "as is" when the Licensee accepts the
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Agreement.
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Initial Software: means the Software in its Source Code and possibly its Object
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Code form and, where applicable, its documentation, "as is" when it is first
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distributed under the terms and conditions of the Agreement.
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Modified Software: means the Software modified by at least one Contribution.
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Source Code: means all the Software's instructions and program lines to which
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access is required so as to modify the Software.
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Object Code: means the binary files originating from the compilation of the
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Source Code.
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Holder: means the holder(s) of the economic rights over the Initial Software.
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Licensee: means the Software user(s) having accepted the Agreement.
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Contributor: means a Licensee having made at least one Contribution.
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Licensor: means the Holder, or any other individual or legal entity, who distributes
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the Software under the Agreement.
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Contribution: means any or all modifications, corrections, translations, adaptations
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and/or new functions integrated into the Software by any or all Contributors,
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as well as any or all Internal Modules.
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Module: means a set of sources files including their documentation that enables
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supplementary functions or services in addition to those offered by the Software.
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External Module: means any or all Modules, not derived from the Software,
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so that this Module and the Software run in separate address spaces, with
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one calling the other when they are run.
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Internal Module: means any or all Module, connected to the Software so that
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they both execute in the same address space.
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Parties: mean both the Licensee and the Licensor.
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These expressions may be used both in singular and plural form.
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Article 2 - PURPOSE
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The purpose of the Agreement is the grant by the Licensor to the Licensee
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of a non-exclusive, transferable and worldwide license for the Software as
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set forth in Article 5 hereinafter for the whole term of the protection granted
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by the rights over said Software.
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Article 3 - ACCEPTANCE
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3.1 The Licensee shall be deemed as having accepted the terms and conditions
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of this Agreement upon the occurrence of the first of the following events:
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(i) loading the Software by any or all means, notably, by downloading from
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a remote server, or by loading from a physical medium;
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(ii) the first time the Licensee exercises any of the rights granted hereunder.
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3.2 One copy of the Agreement, containing a notice relating to the characteristics
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of the Software, to the limited warranty, and to the fact that its use is
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restricted to experienced users has been provided to the Licensee prior to
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its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby
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acknowledges that it has read and understood it.
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Article 4 - EFFECTIVE DATE AND TERM
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4.1 EFFECTIVE DATE
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The Agreement shall become effective on the date when it is accepted by the
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Licensee as set forth in Article 3.1.
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4.2 TERM
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The Agreement shall remain in force for the entire legal term of protection
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of the economic rights over the Software.
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Article 5 - SCOPE OF RIGHTS GRANTED
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The Licensor hereby grants to the Licensee, who accepts, the following rights
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over the Software for any or all use, and for the term of the Agreement, on
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the basis of the terms and conditions set forth hereinafter.
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Besides, if the Licensor owns or comes to own one or more patents protecting
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all or part of the functions of the Software or of its components, the Licensor
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undertakes not to enforce the rights granted by these patents against successive
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Licensees using, exploiting or modifying the Software. If these patents are
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transferred, the Licensor undertakes to have the transferees subscribe to
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the obligations set forth in this paragraph.
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5.1 RIGHT OF USE
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The Licensee is authorized to use the Software, without any limitation as
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to its fields of application, with it being hereinafter specified that this
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comprises:
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1. permanent or temporary reproduction of all or part of the Software by any
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or all means and in any or all form.
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2. loading, displaying, running, or storing the Software on any or all medium.
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3. entitlement to observe, study or test its operation so as to determine
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the ideas and principles behind any or all constituent elements of said Software.
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This shall apply when the Licensee carries out any or all loading, displaying,
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running, transmission or storage operation as regards the Software, that it
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is entitled to carry out hereunder.
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5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
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The right to make Contributions includes the right to translate, adapt, arrange,
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or make any or all modifications to the Software, and the right to reproduce
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the resulting software.
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The Licensee is authorized to make any or all Contributions to the Software
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provided that it includes an explicit notice that it is the author of said
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Contribution and indicates the date of the creation thereof.
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5.3 RIGHT OF DISTRIBUTION
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In particular, the right of distribution includes the right to publish, transmit
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and communicate the Software to the general public on any or all medium, and
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by any or all means, and the right to market, either in consideration of a
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fee, or free of charge, one or more copies of the Software by any means.
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The Licensee is further authorized to distribute copies of the modified or
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unmodified Software to third parties according to the terms and conditions
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set forth hereinafter.
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5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
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The Licensee is authorized to distribute true copies of the Software in Source
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Code or Object Code form, provided that said distribution complies with all
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the provisions of the Agreement and is accompanied by:
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1. a copy of the Agreement,
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2. a notice relating to the limitation of both the Licensor's warranty and
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liability as set forth in Articles 8 and 9,
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and that, in the event that only the Object Code of the Software is redistributed,
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the Licensee allows effective access to the full Source Code of the Software
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at a minimum during the entire period of its distribution of the Software,
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it being understood that the additional cost of acquiring the Source Code
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shall not exceed the cost of transferring the data.
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5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE
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If the Licensee makes any Contribution to the Software, the resulting Modified
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Software may be distributed under a license agreement other than this Agreement
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subject to compliance with the provisions of Article 5.3.4.
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5.3.3. DISTRIBUTION OF EXTERNAL MODULES
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When the Licensee has developed an External Module, the terms and conditions
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of this Agreement do not apply to said External Module, that may be distributed
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under a separate license agreement.
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5.3.4. CREDITS
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Any Licensee who may distribute a Modified Software hereby expressly agrees
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to:
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1. indicate in the related documentation that it is based on the Software
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licensed hereunder, and reproduce the intellectual property notice for the
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Software,
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2. ensure that written indications of the Software intended use, intellectual
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property notice and license hereunder are included in easily accessible format
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from the Modified Software interface,
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3. mention, on a freely accessible website describing the Modified Software,
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at least throughout the distribution term thereof, that it is based on the
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Software licensed hereunder, and reproduce the Software intellectual property
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notice,
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4. where it is distributed to a third party that may distribute a Modified
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Software without having to make its source code available, make its best efforts
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to ensure that said third party agrees to comply with the obligations set
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forth in this Article .
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If the Software, whether or not modified, is distributed with an External
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Module designed for use in connection with the Software, the Licensee shall
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submit said External Module to the foregoing obligations.
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5.3.5. COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES
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Where a Modified Software contains a Contribution subject to the CeCILL license,
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the provisions set forth in Article 5.3.4 shall be optional.
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A Modified Software may be distributed under the CeCILL-C license. In such
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a case the provisions set forth in Article 5.3.4 shall be optional.
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Article 6 - INTELLECTUAL PROPERTY
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6.1 OVER THE INITIAL SOFTWARE
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The Holder owns the economic rights over the Initial Software. Any or all
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use of the Initial Software is subject to compliance with the terms and conditions
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under which the Holder has elected to distribute its work and no one shall
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be entitled to modify the terms and conditions for the distribution of said
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Initial Software.
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The Holder undertakes that the Initial Software will remain ruled at least
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by this Agreement, for the duration set forth in Article 4.2.
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6.2 OVER THE CONTRIBUTIONS
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The Licensee who develops a Contribution is the owner of the intellectual
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property rights over this Contribution as defined by applicable law.
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6.3 OVER THE EXTERNAL MODULES
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The Licensee who develops an External Module is the owner of the intellectual
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property rights over this External Module as defined by applicable law and
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is free to choose the type of agreement that shall govern its distribution.
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6.4 JOINT PROVISIONS
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The Licensee expressly undertakes:
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1. not to remove, or modify, in any manner, the intellectual property notices
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attached to the Software;
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2. to reproduce said notices, in an identical manner, in the copies of the
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Software modified or not.
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The Licensee undertakes not to directly or indirectly infringe the intellectual
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property rights of the Holder and/or Contributors on the Software and to take,
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where applicable, vis-à-vis its staff, any and all measures required to ensure
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respect of said intellectual property rights of the Holder and/or Contributors.
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Article 7 - RELATED SERVICES
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7.1 Under no circumstances shall the Agreement oblige the Licensor to provide
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technical assistance or maintenance services for the Software.
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However, the Licensor is entitled to offer this type of services. The terms
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and conditions of such technical assistance, and/or such maintenance, shall
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be set forth in a separate instrument. Only the Licensor offering said maintenance
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and/or technical assistance services shall incur liability therefor.
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7.2 Similarly, any Licensor is entitled to offer to its licensees, under its
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sole responsibility, a warranty, that shall only be binding upon itself, for
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the redistribution of the Software and/or the Modified Software, under terms
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and conditions that it is free to decide. Said warranty, and the financial
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terms and conditions of its application, shall be subject of a separate instrument
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executed between the Licensor and the Licensee.
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Article 8 - LIABILITY
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8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled
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to claim compensation for any direct loss it may have suffered from the Software
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as a result of a fault on the part of the relevant Licensor, subject to providing
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evidence thereof.
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8.2 The Licensor's liability is limited to the commitments made under this
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Agreement and shall not be incurred as a result of in particular: (i) loss
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due the Licensee's total or partial failure to fulfill its obligations, (ii)
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direct or consequential loss that is suffered by the Licensee due to the use
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or performance of the Software, and (iii) more generally, any consequential
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loss. In particular the Parties expressly agree that any or all pecuniary
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or business loss (i.e. loss of data, loss of profits, operating loss, loss
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of customers or orders, opportunity cost, any disturbance to business activities)
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or any or all legal proceedings instituted against the Licensee by a third
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party, shall constitute consequential loss and shall not provide entitlement
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to any or all compensation from the Licensor.
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Article 9 - WARRANTY
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9.1 The Licensee acknowledges that the scientific and technical state-of-the-art
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when the Software was distributed did not enable all possible uses to be tested
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and verified, nor for the presence of possible defects to be detected. In
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this respect, the Licensee's attention has been drawn to the risks associated
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with loading, using, modifying and/or developing and reproducing the Software
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which are reserved for experienced users.
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The Licensee shall be responsible for verifying, by any or all means, the
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suitability of the product for its requirements, its good working order, and
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for ensuring that it shall not cause damage to either persons or properties.
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9.2 The Licensor hereby represents, in good faith, that it is entitled to
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grant all the rights over the Software (including in particular the rights
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set forth in Article 5).
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9.3 The Licensee acknowledges that the Software is supplied "as is" by the
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Licensor without any other express or tacit warranty, other than that provided
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for in Article 9.2 and, in particular, without any warranty as to its commercial
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value, its secured, safe, innovative or relevant nature.
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Specifically, the Licensor does not warrant that the Software is free from
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any error, that it will operate without interruption, that it will be compatible
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with the Licensee's own equipment and software configuration, nor that it
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will meet the Licensee's requirements.
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9.4 The Licensor does not either expressly or tacitly warrant that the Software
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does not infringe any third party intellectual property right relating to
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a patent, software or any other property right. Therefore, the Licensor disclaims
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any and all liability towards the Licensee arising out of any or all proceedings
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for infringement that may be instituted in respect of the use, modification
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and redistribution of the Software. Nevertheless, should such proceedings
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be instituted against the Licensee, the Licensor shall provide it with technical
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and legal assistance for its defense. Such technical and legal assistance
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shall be decided on a case-by-case basis between the relevant Licensor and
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the Licensee pursuant to a memorandum of understanding. The Licensor disclaims
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any and all liability as regards the Licensee's use of the name of the Software.
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No warranty is given as regards the existence of prior rights over the name
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of the Software or as regards the existence of a trademark.
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Article 10 - TERMINATION
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10.1 In the event of a breach by the Licensee of its obligations hereunder,
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the Licensor may automatically terminate this Agreement thirty (30) days after
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notice has been sent to the Licensee and has remained ineffective.
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10.2 A Licensee whose Agreement is terminated shall no longer be authorized
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to use, modify or distribute the Software. However, any licenses that it may
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have granted prior to termination of the Agreement shall remain valid subject
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to their having been granted in compliance with the terms and conditions hereof.
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Article 11 - MISCELLANEOUS
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11.1 EXCUSABLE EVENTS
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Neither Party shall be liable for any or all delay, or failure to perform
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the Agreement, that may be attributable to an event of force majeure, an act
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of God or an outside cause, such as defective functioning or interruptions
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of the electricity or telecommunications networks, network paralysis following
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a virus attack, intervention by government authorities, natural disasters,
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water damage, earthquakes, fire, explosions, strikes and labor unrest, war,
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etc.
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11.2 Any failure by either Party, on one or more occasions, to invoke one
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or more of the provisions hereof, shall under no circumstances be interpreted
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as being a waiver by the interested Party of its right to invoke said provision(s)
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subsequently.
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11.3 The Agreement cancels and replaces any or all previous agreements, whether
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written or oral, between the Parties and having the same purpose, and constitutes
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the entirety of the agreement between said Parties concerning said purpose.
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No supplement or modification to the terms and conditions hereof shall be
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effective as between the Parties unless it is made in writing and signed by
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their duly authorized representatives.
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11.4 In the event that one or more of the provisions hereof were to conflict
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with a current or future applicable act or legislative text, said act or legislative
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text shall prevail, and the Parties shall make the necessary amendments so
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as to comply with said act or legislative text. All other provisions shall
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remain effective. Similarly, invalidity of a provision of the Agreement, for
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any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
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11.5 LANGUAGE
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The Agreement is drafted in both French and English and both versions are
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deemed authentic.
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Article 12 - NEW VERSIONS OF THE AGREEMENT
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12.1 Any person is authorized to duplicate and distribute copies of this Agreement.
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12.2 So as to ensure coherence, the wording of this Agreement is protected
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and may only be modified by the authors of the License, who reserve the right
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to periodically publish updates or new versions of the Agreement, each with
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a separate number. These subsequent versions may address new issues encountered
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by Free Software.
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12.3 Any Software distributed under a given version of the Agreement may only
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be subsequently distributed under the same version of the Agreement or a subsequent
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version.
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Article 13 - GOVERNING LAW AND JURISDICTION
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13.1 The Agreement is governed by French law. The Parties agree to endeavor
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to seek an amicable solution to any disagreements or disputes that may arise
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during the performance of the Agreement.
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13.2 Failing an amicable solution within two (2) months as from their occurrence,
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and unless emergency proceedings are necessary, the disagreements or disputes
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shall be referred to the Paris Courts having jurisdiction, by the more diligent
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Party.
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Version 1.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel)
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L(ibre)
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