Mercurial > repos > ethevenot > multivariate
comparison LICENSE.md @ 0:fafba524dca6 draft
planemo upload for repository https://github.com/workflow4metabolomics/multivariate.git commit 6596dbd39d20ee1962d9ebdd87eec04821239760
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1 CeCILL FREE SOFTWARE LICENSE AGREEMENT | |
2 | |
3 Version 2.1 dated 2013-06-21 | |
4 | |
5 | |
6 Notice | |
7 | |
8 This Agreement is a Free Software license agreement that is the result | |
9 of discussions between its authors in order to ensure compliance with | |
10 the two main principles guiding its drafting: | |
11 | |
12 * firstly, compliance with the principles governing the distribution | |
13 of Free Software: access to source code, broad rights granted to users, | |
14 * secondly, the election of a governing law, French law, with which it | |
15 is conformant, both as regards the law of torts and intellectual | |
16 property law, and the protection that it offers to both authors and | |
17 holders of the economic rights over software. | |
18 | |
19 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) | |
20 license are: | |
21 | |
22 Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a | |
23 public scientific, technical and industrial research establishment, | |
24 having its principal place of business at 25 rue Leblanc, immeuble Le | |
25 Ponant D, 75015 Paris, France. | |
26 | |
27 Centre National de la Recherche Scientifique - CNRS, a public scientific | |
28 and technological establishment, having its principal place of business | |
29 at 3 rue Michel-Ange, 75794 Paris cedex 16, France. | |
30 | |
31 Institut National de Recherche en Informatique et en Automatique - | |
32 Inria, a public scientific and technological establishment, having its | |
33 principal place of business at Domaine de Voluceau, Rocquencourt, BP | |
34 105, 78153 Le Chesnay cedex, France. | |
35 | |
36 | |
37 Preamble | |
38 | |
39 The purpose of this Free Software license agreement is to grant users | |
40 the right to modify and redistribute the software governed by this | |
41 license within the framework of an open source distribution model. | |
42 | |
43 The exercising of this right is conditional upon certain obligations for | |
44 users so as to preserve this status for all subsequent redistributions. | |
45 | |
46 In consideration of access to the source code and the rights to copy, | |
47 modify and redistribute granted by the license, users are provided only | |
48 with a limited warranty and the software's author, the holder of the | |
49 economic rights, and the successive licensors only have limited liability. | |
50 | |
51 In this respect, the risks associated with loading, using, modifying | |
52 and/or developing or reproducing the software by the user are brought to | |
53 the user's attention, given its Free Software status, which may make it | |
54 complicated to use, with the result that its use is reserved for | |
55 developers and experienced professionals having in-depth computer | |
56 knowledge. Users are therefore encouraged to load and test the | |
57 suitability of the software as regards their requirements in conditions | |
58 enabling the security of their systems and/or data to be ensured and, | |
59 more generally, to use and operate it in the same conditions of | |
60 security. This Agreement may be freely reproduced and published, | |
61 provided it is not altered, and that no provisions are either added or | |
62 removed herefrom. | |
63 | |
64 This Agreement may apply to any or all software for which the holder of | |
65 the economic rights decides to submit the use thereof to its provisions. | |
66 | |
67 Frequently asked questions can be found on the official website of the | |
68 CeCILL licenses family (http://www.cecill.info/index.en.html) for any | |
69 necessary clarification. | |
70 | |
71 | |
72 Article 1 - DEFINITIONS | |
73 | |
74 For the purpose of this Agreement, when the following expressions | |
75 commence with a capital letter, they shall have the following meaning: | |
76 | |
77 Agreement: means this license agreement, and its possible subsequent | |
78 versions and annexes. | |
79 | |
80 Software: means the software in its Object Code and/or Source Code form | |
81 and, where applicable, its documentation, "as is" when the Licensee | |
82 accepts the Agreement. | |
83 | |
84 Initial Software: means the Software in its Source Code and possibly its | |
85 Object Code form and, where applicable, its documentation, "as is" when | |
86 it is first distributed under the terms and conditions of the Agreement. | |
87 | |
88 Modified Software: means the Software modified by at least one | |
89 Contribution. | |
90 | |
91 Source Code: means all the Software's instructions and program lines to | |
92 which access is required so as to modify the Software. | |
93 | |
94 Object Code: means the binary files originating from the compilation of | |
95 the Source Code. | |
96 | |
97 Holder: means the holder(s) of the economic rights over the Initial | |
98 Software. | |
99 | |
100 Licensee: means the Software user(s) having accepted the Agreement. | |
101 | |
102 Contributor: means a Licensee having made at least one Contribution. | |
103 | |
104 Licensor: means the Holder, or any other individual or legal entity, who | |
105 distributes the Software under the Agreement. | |
106 | |
107 Contribution: means any or all modifications, corrections, translations, | |
108 adaptations and/or new functions integrated into the Software by any or | |
109 all Contributors, as well as any or all Internal Modules. | |
110 | |
111 Module: means a set of sources files including their documentation that | |
112 enables supplementary functions or services in addition to those offered | |
113 by the Software. | |
114 | |
115 External Module: means any or all Modules, not derived from the | |
116 Software, so that this Module and the Software run in separate address | |
117 spaces, with one calling the other when they are run. | |
118 | |
119 Internal Module: means any or all Module, connected to the Software so | |
120 that they both execute in the same address space. | |
121 | |
122 GNU GPL: means the GNU General Public License version 2 or any | |
123 subsequent version, as published by the Free Software Foundation Inc. | |
124 | |
125 GNU Affero GPL: means the GNU Affero General Public License version 3 or | |
126 any subsequent version, as published by the Free Software Foundation Inc. | |
127 | |
128 EUPL: means the European Union Public License version 1.1 or any | |
129 subsequent version, as published by the European Commission. | |
130 | |
131 Parties: mean both the Licensee and the Licensor. | |
132 | |
133 These expressions may be used both in singular and plural form. | |
134 | |
135 | |
136 Article 2 - PURPOSE | |
137 | |
138 The purpose of the Agreement is the grant by the Licensor to the | |
139 Licensee of a non-exclusive, transferable and worldwide license for the | |
140 Software as set forth in Article 5 <#scope> hereinafter for the whole | |
141 term of the protection granted by the rights over said Software. | |
142 | |
143 | |
144 Article 3 - ACCEPTANCE | |
145 | |
146 3.1 The Licensee shall be deemed as having accepted the terms and | |
147 conditions of this Agreement upon the occurrence of the first of the | |
148 following events: | |
149 | |
150 * (i) loading the Software by any or all means, notably, by | |
151 downloading from a remote server, or by loading from a physical medium; | |
152 * (ii) the first time the Licensee exercises any of the rights granted | |
153 hereunder. | |
154 | |
155 3.2 One copy of the Agreement, containing a notice relating to the | |
156 characteristics of the Software, to the limited warranty, and to the | |
157 fact that its use is restricted to experienced users has been provided | |
158 to the Licensee prior to its acceptance as set forth in Article 3.1 | |
159 <#accepting> hereinabove, and the Licensee hereby acknowledges that it | |
160 has read and understood it. | |
161 | |
162 | |
163 Article 4 - EFFECTIVE DATE AND TERM | |
164 | |
165 | |
166 4.1 EFFECTIVE DATE | |
167 | |
168 The Agreement shall become effective on the date when it is accepted by | |
169 the Licensee as set forth in Article 3.1 <#accepting>. | |
170 | |
171 | |
172 4.2 TERM | |
173 | |
174 The Agreement shall remain in force for the entire legal term of | |
175 protection of the economic rights over the Software. | |
176 | |
177 | |
178 Article 5 - SCOPE OF RIGHTS GRANTED | |
179 | |
180 The Licensor hereby grants to the Licensee, who accepts, the following | |
181 rights over the Software for any or all use, and for the term of the | |
182 Agreement, on the basis of the terms and conditions set forth hereinafter. | |
183 | |
184 Besides, if the Licensor owns or comes to own one or more patents | |
185 protecting all or part of the functions of the Software or of its | |
186 components, the Licensor undertakes not to enforce the rights granted by | |
187 these patents against successive Licensees using, exploiting or | |
188 modifying the Software. If these patents are transferred, the Licensor | |
189 undertakes to have the transferees subscribe to the obligations set | |
190 forth in this paragraph. | |
191 | |
192 | |
193 5.1 RIGHT OF USE | |
194 | |
195 The Licensee is authorized to use the Software, without any limitation | |
196 as to its fields of application, with it being hereinafter specified | |
197 that this comprises: | |
198 | |
199 1. permanent or temporary reproduction of all or part of the Software | |
200 by any or all means and in any or all form. | |
201 | |
202 2. loading, displaying, running, or storing the Software on any or all | |
203 medium. | |
204 | |
205 3. entitlement to observe, study or test its operation so as to | |
206 determine the ideas and principles behind any or all constituent | |
207 elements of said Software. This shall apply when the Licensee | |
208 carries out any or all loading, displaying, running, transmission or | |
209 storage operation as regards the Software, that it is entitled to | |
210 carry out hereunder. | |
211 | |
212 | |
213 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS | |
214 | |
215 The right to make Contributions includes the right to translate, adapt, | |
216 arrange, or make any or all modifications to the Software, and the right | |
217 to reproduce the resulting software. | |
218 | |
219 The Licensee is authorized to make any or all Contributions to the | |
220 Software provided that it includes an explicit notice that it is the | |
221 author of said Contribution and indicates the date of the creation thereof. | |
222 | |
223 | |
224 5.3 RIGHT OF DISTRIBUTION | |
225 | |
226 In particular, the right of distribution includes the right to publish, | |
227 transmit and communicate the Software to the general public on any or | |
228 all medium, and by any or all means, and the right to market, either in | |
229 consideration of a fee, or free of charge, one or more copies of the | |
230 Software by any means. | |
231 | |
232 The Licensee is further authorized to distribute copies of the modified | |
233 or unmodified Software to third parties according to the terms and | |
234 conditions set forth hereinafter. | |
235 | |
236 | |
237 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION | |
238 | |
239 The Licensee is authorized to distribute true copies of the Software in | |
240 Source Code or Object Code form, provided that said distribution | |
241 complies with all the provisions of the Agreement and is accompanied by: | |
242 | |
243 1. a copy of the Agreement, | |
244 | |
245 2. a notice relating to the limitation of both the Licensor's warranty | |
246 and liability as set forth in Articles 8 and 9, | |
247 | |
248 and that, in the event that only the Object Code of the Software is | |
249 redistributed, the Licensee allows effective access to the full Source | |
250 Code of the Software for a period of at least three years from the | |
251 distribution of the Software, it being understood that the additional | |
252 acquisition cost of the Source Code shall not exceed the cost of the | |
253 data transfer. | |
254 | |
255 | |
256 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE | |
257 | |
258 When the Licensee makes a Contribution to the Software, the terms and | |
259 conditions for the distribution of the resulting Modified Software | |
260 become subject to all the provisions of this Agreement. | |
261 | |
262 The Licensee is authorized to distribute the Modified Software, in | |
263 source code or object code form, provided that said distribution | |
264 complies with all the provisions of the Agreement and is accompanied by: | |
265 | |
266 1. a copy of the Agreement, | |
267 | |
268 2. a notice relating to the limitation of both the Licensor's warranty | |
269 and liability as set forth in Articles 8 and 9, | |
270 | |
271 and, in the event that only the object code of the Modified Software is | |
272 redistributed, | |
273 | |
274 3. a note stating the conditions of effective access to the full source | |
275 code of the Modified Software for a period of at least three years | |
276 from the distribution of the Modified Software, it being understood | |
277 that the additional acquisition cost of the source code shall not | |
278 exceed the cost of the data transfer. | |
279 | |
280 | |
281 5.3.3 DISTRIBUTION OF EXTERNAL MODULES | |
282 | |
283 When the Licensee has developed an External Module, the terms and | |
284 conditions of this Agreement do not apply to said External Module, that | |
285 may be distributed under a separate license agreement. | |
286 | |
287 | |
288 5.3.4 COMPATIBILITY WITH OTHER LICENSES | |
289 | |
290 The Licensee can include a code that is subject to the provisions of one | |
291 of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the | |
292 Modified or unmodified Software, and distribute that entire code under | |
293 the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL. | |
294 | |
295 The Licensee can include the Modified or unmodified Software in a code | |
296 that is subject to the provisions of one of the versions of the GNU GPL, | |
297 GNU Affero GPL and/or EUPL and distribute that entire code under the | |
298 terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL. | |
299 | |
300 | |
301 Article 6 - INTELLECTUAL PROPERTY | |
302 | |
303 | |
304 6.1 OVER THE INITIAL SOFTWARE | |
305 | |
306 The Holder owns the economic rights over the Initial Software. Any or | |
307 all use of the Initial Software is subject to compliance with the terms | |
308 and conditions under which the Holder has elected to distribute its work | |
309 and no one shall be entitled to modify the terms and conditions for the | |
310 distribution of said Initial Software. | |
311 | |
312 The Holder undertakes that the Initial Software will remain ruled at | |
313 least by this Agreement, for the duration set forth in Article 4.2 <#term>. | |
314 | |
315 | |
316 6.2 OVER THE CONTRIBUTIONS | |
317 | |
318 The Licensee who develops a Contribution is the owner of the | |
319 intellectual property rights over this Contribution as defined by | |
320 applicable law. | |
321 | |
322 | |
323 6.3 OVER THE EXTERNAL MODULES | |
324 | |
325 The Licensee who develops an External Module is the owner of the | |
326 intellectual property rights over this External Module as defined by | |
327 applicable law and is free to choose the type of agreement that shall | |
328 govern its distribution. | |
329 | |
330 | |
331 6.4 JOINT PROVISIONS | |
332 | |
333 The Licensee expressly undertakes: | |
334 | |
335 1. not to remove, or modify, in any manner, the intellectual property | |
336 notices attached to the Software; | |
337 | |
338 2. to reproduce said notices, in an identical manner, in the copies of | |
339 the Software modified or not. | |
340 | |
341 The Licensee undertakes not to directly or indirectly infringe the | |
342 intellectual property rights on the Software of the Holder and/or | |
343 Contributors, and to take, where applicable, vis-à-vis its staff, any | |
344 and all measures required to ensure respect of said intellectual | |
345 property rights of the Holder and/or Contributors. | |
346 | |
347 | |
348 Article 7 - RELATED SERVICES | |
349 | |
350 7.1 Under no circumstances shall the Agreement oblige the Licensor to | |
351 provide technical assistance or maintenance services for the Software. | |
352 | |
353 However, the Licensor is entitled to offer this type of services. The | |
354 terms and conditions of such technical assistance, and/or such | |
355 maintenance, shall be set forth in a separate instrument. Only the | |
356 Licensor offering said maintenance and/or technical assistance services | |
357 shall incur liability therefor. | |
358 | |
359 7.2 Similarly, any Licensor is entitled to offer to its licensees, under | |
360 its sole responsibility, a warranty, that shall only be binding upon | |
361 itself, for the redistribution of the Software and/or the Modified | |
362 Software, under terms and conditions that it is free to decide. Said | |
363 warranty, and the financial terms and conditions of its application, | |
364 shall be subject of a separate instrument executed between the Licensor | |
365 and the Licensee. | |
366 | |
367 | |
368 Article 8 - LIABILITY | |
369 | |
370 8.1 Subject to the provisions of Article 8.2, the Licensee shall be | |
371 entitled to claim compensation for any direct loss it may have suffered | |
372 from the Software as a result of a fault on the part of the relevant | |
373 Licensor, subject to providing evidence thereof. | |
374 | |
375 8.2 The Licensor's liability is limited to the commitments made under | |
376 this Agreement and shall not be incurred as a result of in particular: | |
377 (i) loss due the Licensee's total or partial failure to fulfill its | |
378 obligations, (ii) direct or consequential loss that is suffered by the | |
379 Licensee due to the use or performance of the Software, and (iii) more | |
380 generally, any consequential loss. In particular the Parties expressly | |
381 agree that any or all pecuniary or business loss (i.e. loss of data, | |
382 loss of profits, operating loss, loss of customers or orders, | |
383 opportunity cost, any disturbance to business activities) or any or all | |
384 legal proceedings instituted against the Licensee by a third party, | |
385 shall constitute consequential loss and shall not provide entitlement to | |
386 any or all compensation from the Licensor. | |
387 | |
388 | |
389 Article 9 - WARRANTY | |
390 | |
391 9.1 The Licensee acknowledges that the scientific and technical | |
392 state-of-the-art when the Software was distributed did not enable all | |
393 possible uses to be tested and verified, nor for the presence of | |
394 possible defects to be detected. In this respect, the Licensee's | |
395 attention has been drawn to the risks associated with loading, using, | |
396 modifying and/or developing and reproducing the Software which are | |
397 reserved for experienced users. | |
398 | |
399 The Licensee shall be responsible for verifying, by any or all means, | |
400 the suitability of the product for its requirements, its good working | |
401 order, and for ensuring that it shall not cause damage to either persons | |
402 or properties. | |
403 | |
404 9.2 The Licensor hereby represents, in good faith, that it is entitled | |
405 to grant all the rights over the Software (including in particular the | |
406 rights set forth in Article 5 <#scope>). | |
407 | |
408 9.3 The Licensee acknowledges that the Software is supplied "as is" by | |
409 the Licensor without any other express or tacit warranty, other than | |
410 that provided for in Article 9.2 <#good-faith> and, in particular, | |
411 without any warranty as to its commercial value, its secured, safe, | |
412 innovative or relevant nature. | |
413 | |
414 Specifically, the Licensor does not warrant that the Software is free | |
415 from any error, that it will operate without interruption, that it will | |
416 be compatible with the Licensee's own equipment and software | |
417 configuration, nor that it will meet the Licensee's requirements. | |
418 | |
419 9.4 The Licensor does not either expressly or tacitly warrant that the | |
420 Software does not infringe any third party intellectual property right | |
421 relating to a patent, software or any other property right. Therefore, | |
422 the Licensor disclaims any and all liability towards the Licensee | |
423 arising out of any or all proceedings for infringement that may be | |
424 instituted in respect of the use, modification and redistribution of the | |
425 Software. Nevertheless, should such proceedings be instituted against | |
426 the Licensee, the Licensor shall provide it with technical and legal | |
427 expertise for its defense. Such technical and legal expertise shall be | |
428 decided on a case-by-case basis between the relevant Licensor and the | |
429 Licensee pursuant to a memorandum of understanding. The Licensor | |
430 disclaims any and all liability as regards the Licensee's use of the | |
431 name of the Software. No warranty is given as regards the existence of | |
432 prior rights over the name of the Software or as regards the existence | |
433 of a trademark. | |
434 | |
435 | |
436 Article 10 - TERMINATION | |
437 | |
438 10.1 In the event of a breach by the Licensee of its obligations | |
439 hereunder, the Licensor may automatically terminate this Agreement | |
440 thirty (30) days after notice has been sent to the Licensee and has | |
441 remained ineffective. | |
442 | |
443 10.2 A Licensee whose Agreement is terminated shall no longer be | |
444 authorized to use, modify or distribute the Software. However, any | |
445 licenses that it may have granted prior to termination of the Agreement | |
446 shall remain valid subject to their having been granted in compliance | |
447 with the terms and conditions hereof. | |
448 | |
449 | |
450 Article 11 - MISCELLANEOUS | |
451 | |
452 | |
453 11.1 EXCUSABLE EVENTS | |
454 | |
455 Neither Party shall be liable for any or all delay, or failure to | |
456 perform the Agreement, that may be attributable to an event of force | |
457 majeure, an act of God or an outside cause, such as defective | |
458 functioning or interruptions of the electricity or telecommunications | |
459 networks, network paralysis following a virus attack, intervention by | |
460 government authorities, natural disasters, water damage, earthquakes, | |
461 fire, explosions, strikes and labor unrest, war, etc. | |
462 | |
463 11.2 Any failure by either Party, on one or more occasions, to invoke | |
464 one or more of the provisions hereof, shall under no circumstances be | |
465 interpreted as being a waiver by the interested Party of its right to | |
466 invoke said provision(s) subsequently. | |
467 | |
468 11.3 The Agreement cancels and replaces any or all previous agreements, | |
469 whether written or oral, between the Parties and having the same | |
470 purpose, and constitutes the entirety of the agreement between said | |
471 Parties concerning said purpose. No supplement or modification to the | |
472 terms and conditions hereof shall be effective as between the Parties | |
473 unless it is made in writing and signed by their duly authorized | |
474 representatives. | |
475 | |
476 11.4 In the event that one or more of the provisions hereof were to | |
477 conflict with a current or future applicable act or legislative text, | |
478 said act or legislative text shall prevail, and the Parties shall make | |
479 the necessary amendments so as to comply with said act or legislative | |
480 text. All other provisions shall remain effective. Similarly, invalidity | |
481 of a provision of the Agreement, for any reason whatsoever, shall not | |
482 cause the Agreement as a whole to be invalid. | |
483 | |
484 | |
485 11.5 LANGUAGE | |
486 | |
487 The Agreement is drafted in both French and English and both versions | |
488 are deemed authentic. | |
489 | |
490 | |
491 Article 12 - NEW VERSIONS OF THE AGREEMENT | |
492 | |
493 12.1 Any person is authorized to duplicate and distribute copies of this | |
494 Agreement. | |
495 | |
496 12.2 So as to ensure coherence, the wording of this Agreement is | |
497 protected and may only be modified by the authors of the License, who | |
498 reserve the right to periodically publish updates or new versions of the | |
499 Agreement, each with a separate number. These subsequent versions may | |
500 address new issues encountered by Free Software. | |
501 | |
502 12.3 Any Software distributed under a given version of the Agreement may | |
503 only be subsequently distributed under the same version of the Agreement | |
504 or a subsequent version, subject to the provisions of Article 5.3.4 | |
505 <#compatibility>. | |
506 | |
507 | |
508 Article 13 - GOVERNING LAW AND JURISDICTION | |
509 | |
510 13.1 The Agreement is governed by French law. The Parties agree to | |
511 endeavor to seek an amicable solution to any disagreements or disputes | |
512 that may arise during the performance of the Agreement. | |
513 | |
514 13.2 Failing an amicable solution within two (2) months as from their | |
515 occurrence, and unless emergency proceedings are necessary, the | |
516 disagreements or disputes shall be referred to the Paris Courts having | |
517 jurisdiction, by the more diligent Party. |