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1 The BiH4BloodExposome module is licensed under the CeCILL 2.1 license.
2
3 CeCILL FREE SOFTWARE LICENSE AGREEMENT
4
5 Version 2.1 dated 2013-06-21
6
7
8 Notice
9
10 This Agreement is a Free Software license agreement that is the result
11 of discussions between its authors in order to ensure compliance with
12 the two main principles guiding its drafting:
13
14 * firstly, compliance with the principles governing the distribution
15 of Free Software: access to source code, broad rights granted to users,
16 * secondly, the election of a governing law, French law, with which it
17 is conformant, both as regards the law of torts and intellectual
18 property law, and the protection that it offers to both authors and
19 holders of the economic rights over software.
20
21 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
22 license are:
23
24 Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a
25 public scientific, technical and industrial research establishment,
26 having its principal place of business at 25 rue Leblanc, immeuble Le
27 Ponant D, 75015 Paris, France.
28
29 Centre National de la Recherche Scientifique - CNRS, a public scientific
30 and technological establishment, having its principal place of business
31 at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
32
33 Institut National de Recherche en Informatique et en Automatique -
34 Inria, a public scientific and technological establishment, having its
35 principal place of business at Domaine de Voluceau, Rocquencourt, BP
36 105, 78153 Le Chesnay cedex, France.
37
38
39 Preamble
40
41 The purpose of this Free Software license agreement is to grant users
42 the right to modify and redistribute the software governed by this
43 license within the framework of an open source distribution model.
44
45 The exercising of this right is conditional upon certain obligations for
46 users so as to preserve this status for all subsequent redistributions.
47
48 In consideration of access to the source code and the rights to copy,
49 modify and redistribute granted by the license, users are provided only
50 with a limited warranty and the software's author, the holder of the
51 economic rights, and the successive licensors only have limited liability.
52
53 In this respect, the risks associated with loading, using, modifying
54 and/or developing or reproducing the software by the user are brought to
55 the user's attention, given its Free Software status, which may make it
56 complicated to use, with the result that its use is reserved for
57 developers and experienced professionals having in-depth computer
58 knowledge. Users are therefore encouraged to load and test the
59 suitability of the software as regards their requirements in conditions
60 enabling the security of their systems and/or data to be ensured and,
61 more generally, to use and operate it in the same conditions of
62 security. This Agreement may be freely reproduced and published,
63 provided it is not altered, and that no provisions are either added or
64 removed herefrom.
65
66 This Agreement may apply to any or all software for which the holder of
67 the economic rights decides to submit the use thereof to its provisions.
68
69 Frequently asked questions can be found on the official website of the
70 CeCILL licenses family (http://www.cecill.info/index.en.html) for any
71 necessary clarification.
72
73
74 Article 1 - DEFINITIONS
75
76 For the purpose of this Agreement, when the following expressions
77 commence with a capital letter, they shall have the following meaning:
78
79 Agreement: means this license agreement, and its possible subsequent
80 versions and annexes.
81
82 Software: means the software in its Object Code and/or Source Code form
83 and, where applicable, its documentation, "as is" when the Licensee
84 accepts the Agreement.
85
86 Initial Software: means the Software in its Source Code and possibly its
87 Object Code form and, where applicable, its documentation, "as is" when
88 it is first distributed under the terms and conditions of the Agreement.
89
90 Modified Software: means the Software modified by at least one
91 Contribution.
92
93 Source Code: means all the Software's instructions and program lines to
94 which access is required so as to modify the Software.
95
96 Object Code: means the binary files originating from the compilation of
97 the Source Code.
98
99 Holder: means the holder(s) of the economic rights over the Initial
100 Software.
101
102 Licensee: means the Software user(s) having accepted the Agreement.
103
104 Contributor: means a Licensee having made at least one Contribution.
105
106 Licensor: means the Holder, or any other individual or legal entity, who
107 distributes the Software under the Agreement.
108
109 Contribution: means any or all modifications, corrections, translations,
110 adaptations and/or new functions integrated into the Software by any or
111 all Contributors, as well as any or all Internal Modules.
112
113 Module: means a set of sources files including their documentation that
114 enables supplementary functions or services in addition to those offered
115 by the Software.
116
117 External Module: means any or all Modules, not derived from the
118 Software, so that this Module and the Software run in separate address
119 spaces, with one calling the other when they are run.
120
121 Internal Module: means any or all Module, connected to the Software so
122 that they both execute in the same address space.
123
124 GNU GPL: means the GNU General Public License version 2 or any
125 subsequent version, as published by the Free Software Foundation Inc.
126
127 GNU Affero GPL: means the GNU Affero General Public License version 3 or
128 any subsequent version, as published by the Free Software Foundation Inc.
129
130 EUPL: means the European Union Public License version 1.1 or any
131 subsequent version, as published by the European Commission.
132
133 Parties: mean both the Licensee and the Licensor.
134
135 These expressions may be used both in singular and plural form.
136
137
138 Article 2 - PURPOSE
139
140 The purpose of the Agreement is the grant by the Licensor to the
141 Licensee of a non-exclusive, transferable and worldwide license for the
142 Software as set forth in Article 5 <#scope> hereinafter for the whole
143 term of the protection granted by the rights over said Software.
144
145
146 Article 3 - ACCEPTANCE
147
148 3.1 The Licensee shall be deemed as having accepted the terms and
149 conditions of this Agreement upon the occurrence of the first of the
150 following events:
151
152 * (i) loading the Software by any or all means, notably, by
153 downloading from a remote server, or by loading from a physical medium;
154 * (ii) the first time the Licensee exercises any of the rights granted
155 hereunder.
156
157 3.2 One copy of the Agreement, containing a notice relating to the
158 characteristics of the Software, to the limited warranty, and to the
159 fact that its use is restricted to experienced users has been provided
160 to the Licensee prior to its acceptance as set forth in Article 3.1
161 <#accepting> hereinabove, and the Licensee hereby acknowledges that it
162 has read and understood it.
163
164
165 Article 4 - EFFECTIVE DATE AND TERM
166
167
168 4.1 EFFECTIVE DATE
169
170 The Agreement shall become effective on the date when it is accepted by
171 the Licensee as set forth in Article 3.1 <#accepting>.
172
173
174 4.2 TERM
175
176 The Agreement shall remain in force for the entire legal term of
177 protection of the economic rights over the Software.
178
179
180 Article 5 - SCOPE OF RIGHTS GRANTED
181
182 The Licensor hereby grants to the Licensee, who accepts, the following
183 rights over the Software for any or all use, and for the term of the
184 Agreement, on the basis of the terms and conditions set forth hereinafter.
185
186 Besides, if the Licensor owns or comes to own one or more patents
187 protecting all or part of the functions of the Software or of its
188 components, the Licensor undertakes not to enforce the rights granted by
189 these patents against successive Licensees using, exploiting or
190 modifying the Software. If these patents are transferred, the Licensor
191 undertakes to have the transferees subscribe to the obligations set
192 forth in this paragraph.
193
194
195 5.1 RIGHT OF USE
196
197 The Licensee is authorized to use the Software, without any limitation
198 as to its fields of application, with it being hereinafter specified
199 that this comprises:
200
201 1. permanent or temporary reproduction of all or part of the Software
202 by any or all means and in any or all form.
203
204 2. loading, displaying, running, or storing the Software on any or all
205 medium.
206
207 3. entitlement to observe, study or test its operation so as to
208 determine the ideas and principles behind any or all constituent
209 elements of said Software. This shall apply when the Licensee
210 carries out any or all loading, displaying, running, transmission or
211 storage operation as regards the Software, that it is entitled to
212 carry out hereunder.
213
214
215 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
216
217 The right to make Contributions includes the right to translate, adapt,
218 arrange, or make any or all modifications to the Software, and the right
219 to reproduce the resulting software.
220
221 The Licensee is authorized to make any or all Contributions to the
222 Software provided that it includes an explicit notice that it is the
223 author of said Contribution and indicates the date of the creation thereof.
224
225
226 5.3 RIGHT OF DISTRIBUTION
227
228 In particular, the right of distribution includes the right to publish,
229 transmit and communicate the Software to the general public on any or
230 all medium, and by any or all means, and the right to market, either in
231 consideration of a fee, or free of charge, one or more copies of the
232 Software by any means.
233
234 The Licensee is further authorized to distribute copies of the modified
235 or unmodified Software to third parties according to the terms and
236 conditions set forth hereinafter.
237
238
239 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
240
241 The Licensee is authorized to distribute true copies of the Software in
242 Source Code or Object Code form, provided that said distribution
243 complies with all the provisions of the Agreement and is accompanied by:
244
245 1. a copy of the Agreement,
246
247 2. a notice relating to the limitation of both the Licensor's warranty
248 and liability as set forth in Articles 8 and 9,
249
250 and that, in the event that only the Object Code of the Software is
251 redistributed, the Licensee allows effective access to the full Source
252 Code of the Software for a period of at least three years from the
253 distribution of the Software, it being understood that the additional
254 acquisition cost of the Source Code shall not exceed the cost of the
255 data transfer.
256
257
258 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
259
260 When the Licensee makes a Contribution to the Software, the terms and
261 conditions for the distribution of the resulting Modified Software
262 become subject to all the provisions of this Agreement.
263
264 The Licensee is authorized to distribute the Modified Software, in
265 source code or object code form, provided that said distribution
266 complies with all the provisions of the Agreement and is accompanied by:
267
268 1. a copy of the Agreement,
269
270 2. a notice relating to the limitation of both the Licensor's warranty
271 and liability as set forth in Articles 8 and 9,
272
273 and, in the event that only the object code of the Modified Software is
274 redistributed,
275
276 3. a note stating the conditions of effective access to the full source
277 code of the Modified Software for a period of at least three years
278 from the distribution of the Modified Software, it being understood
279 that the additional acquisition cost of the source code shall not
280 exceed the cost of the data transfer.
281
282
283 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
284
285 When the Licensee has developed an External Module, the terms and
286 conditions of this Agreement do not apply to said External Module, that
287 may be distributed under a separate license agreement.
288
289
290 5.3.4 COMPATIBILITY WITH OTHER LICENSES
291
292 The Licensee can include a code that is subject to the provisions of one
293 of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the
294 Modified or unmodified Software, and distribute that entire code under
295 the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
296
297 The Licensee can include the Modified or unmodified Software in a code
298 that is subject to the provisions of one of the versions of the GNU GPL,
299 GNU Affero GPL and/or EUPL and distribute that entire code under the
300 terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
301
302
303 Article 6 - INTELLECTUAL PROPERTY
304
305
306 6.1 OVER THE INITIAL SOFTWARE
307
308 The Holder owns the economic rights over the Initial Software. Any or
309 all use of the Initial Software is subject to compliance with the terms
310 and conditions under which the Holder has elected to distribute its work
311 and no one shall be entitled to modify the terms and conditions for the
312 distribution of said Initial Software.
313
314 The Holder undertakes that the Initial Software will remain ruled at
315 least by this Agreement, for the duration set forth in Article 4.2 <#term>.
316
317
318 6.2 OVER THE CONTRIBUTIONS
319
320 The Licensee who develops a Contribution is the owner of the
321 intellectual property rights over this Contribution as defined by
322 applicable law.
323
324
325 6.3 OVER THE EXTERNAL MODULES
326
327 The Licensee who develops an External Module is the owner of the
328 intellectual property rights over this External Module as defined by
329 applicable law and is free to choose the type of agreement that shall
330 govern its distribution.
331
332
333 6.4 JOINT PROVISIONS
334
335 The Licensee expressly undertakes:
336
337 1. not to remove, or modify, in any manner, the intellectual property
338 notices attached to the Software;
339
340 2. to reproduce said notices, in an identical manner, in the copies of
341 the Software modified or not.
342
343 The Licensee undertakes not to directly or indirectly infringe the
344 intellectual property rights on the Software of the Holder and/or
345 Contributors, and to take, where applicable, vis-à-vis its staff, any
346 and all measures required to ensure respect of said intellectual
347 property rights of the Holder and/or Contributors.
348
349
350 Article 7 - RELATED SERVICES
351
352 7.1 Under no circumstances shall the Agreement oblige the Licensor to
353 provide technical assistance or maintenance services for the Software.
354
355 However, the Licensor is entitled to offer this type of services. The
356 terms and conditions of such technical assistance, and/or such
357 maintenance, shall be set forth in a separate instrument. Only the
358 Licensor offering said maintenance and/or technical assistance services
359 shall incur liability therefor.
360
361 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
362 its sole responsibility, a warranty, that shall only be binding upon
363 itself, for the redistribution of the Software and/or the Modified
364 Software, under terms and conditions that it is free to decide. Said
365 warranty, and the financial terms and conditions of its application,
366 shall be subject of a separate instrument executed between the Licensor
367 and the Licensee.
368
369
370 Article 8 - LIABILITY
371
372 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
373 entitled to claim compensation for any direct loss it may have suffered
374 from the Software as a result of a fault on the part of the relevant
375 Licensor, subject to providing evidence thereof.
376
377 8.2 The Licensor's liability is limited to the commitments made under
378 this Agreement and shall not be incurred as a result of in particular:
379 (i) loss due the Licensee's total or partial failure to fulfill its
380 obligations, (ii) direct or consequential loss that is suffered by the
381 Licensee due to the use or performance of the Software, and (iii) more
382 generally, any consequential loss. In particular the Parties expressly
383 agree that any or all pecuniary or business loss (i.e. loss of data,
384 loss of profits, operating loss, loss of customers or orders,
385 opportunity cost, any disturbance to business activities) or any or all
386 legal proceedings instituted against the Licensee by a third party,
387 shall constitute consequential loss and shall not provide entitlement to
388 any or all compensation from the Licensor.
389
390
391 Article 9 - WARRANTY
392
393 9.1 The Licensee acknowledges that the scientific and technical
394 state-of-the-art when the Software was distributed did not enable all
395 possible uses to be tested and verified, nor for the presence of
396 possible defects to be detected. In this respect, the Licensee's
397 attention has been drawn to the risks associated with loading, using,
398 modifying and/or developing and reproducing the Software which are
399 reserved for experienced users.
400
401 The Licensee shall be responsible for verifying, by any or all means,
402 the suitability of the product for its requirements, its good working
403 order, and for ensuring that it shall not cause damage to either persons
404 or properties.
405
406 9.2 The Licensor hereby represents, in good faith, that it is entitled
407 to grant all the rights over the Software (including in particular the
408 rights set forth in Article 5 <#scope>).
409
410 9.3 The Licensee acknowledges that the Software is supplied "as is" by
411 the Licensor without any other express or tacit warranty, other than
412 that provided for in Article 9.2 <#good-faith> and, in particular,
413 without any warranty as to its commercial value, its secured, safe,
414 innovative or relevant nature.
415
416 Specifically, the Licensor does not warrant that the Software is free
417 from any error, that it will operate without interruption, that it will
418 be compatible with the Licensee's own equipment and software
419 configuration, nor that it will meet the Licensee's requirements.
420
421 9.4 The Licensor does not either expressly or tacitly warrant that the
422 Software does not infringe any third party intellectual property right
423 relating to a patent, software or any other property right. Therefore,
424 the Licensor disclaims any and all liability towards the Licensee
425 arising out of any or all proceedings for infringement that may be
426 instituted in respect of the use, modification and redistribution of the
427 Software. Nevertheless, should such proceedings be instituted against
428 the Licensee, the Licensor shall provide it with technical and legal
429 expertise for its defense. Such technical and legal expertise shall be
430 decided on a case-by-case basis between the relevant Licensor and the
431 Licensee pursuant to a memorandum of understanding. The Licensor
432 disclaims any and all liability as regards the Licensee's use of the
433 name of the Software. No warranty is given as regards the existence of
434 prior rights over the name of the Software or as regards the existence
435 of a trademark.
436
437
438 Article 10 - TERMINATION
439
440 10.1 In the event of a breach by the Licensee of its obligations
441 hereunder, the Licensor may automatically terminate this Agreement
442 thirty (30) days after notice has been sent to the Licensee and has
443 remained ineffective.
444
445 10.2 A Licensee whose Agreement is terminated shall no longer be
446 authorized to use, modify or distribute the Software. However, any
447 licenses that it may have granted prior to termination of the Agreement
448 shall remain valid subject to their having been granted in compliance
449 with the terms and conditions hereof.
450
451
452 Article 11 - MISCELLANEOUS
453
454
455 11.1 EXCUSABLE EVENTS
456
457 Neither Party shall be liable for any or all delay, or failure to
458 perform the Agreement, that may be attributable to an event of force
459 majeure, an act of God or an outside cause, such as defective
460 functioning or interruptions of the electricity or telecommunications
461 networks, network paralysis following a virus attack, intervention by
462 government authorities, natural disasters, water damage, earthquakes,
463 fire, explosions, strikes and labor unrest, war, etc.
464
465 11.2 Any failure by either Party, on one or more occasions, to invoke
466 one or more of the provisions hereof, shall under no circumstances be
467 interpreted as being a waiver by the interested Party of its right to
468 invoke said provision(s) subsequently.
469
470 11.3 The Agreement cancels and replaces any or all previous agreements,
471 whether written or oral, between the Parties and having the same
472 purpose, and constitutes the entirety of the agreement between said
473 Parties concerning said purpose. No supplement or modification to the
474 terms and conditions hereof shall be effective as between the Parties
475 unless it is made in writing and signed by their duly authorized
476 representatives.
477
478 11.4 In the event that one or more of the provisions hereof were to
479 conflict with a current or future applicable act or legislative text,
480 said act or legislative text shall prevail, and the Parties shall make
481 the necessary amendments so as to comply with said act or legislative
482 text. All other provisions shall remain effective. Similarly, invalidity
483 of a provision of the Agreement, for any reason whatsoever, shall not
484 cause the Agreement as a whole to be invalid.
485
486
487 11.5 LANGUAGE
488
489 The Agreement is drafted in both French and English and both versions
490 are deemed authentic.
491
492
493 Article 12 - NEW VERSIONS OF THE AGREEMENT
494
495 12.1 Any person is authorized to duplicate and distribute copies of this
496 Agreement.
497
498 12.2 So as to ensure coherence, the wording of this Agreement is
499 protected and may only be modified by the authors of the License, who
500 reserve the right to periodically publish updates or new versions of the
501 Agreement, each with a separate number. These subsequent versions may
502 address new issues encountered by Free Software.
503
504 12.3 Any Software distributed under a given version of the Agreement may
505 only be subsequently distributed under the same version of the Agreement
506 or a subsequent version, subject to the provisions of Article 5.3.4
507 <#compatibility>.
508
509
510 Article 13 - GOVERNING LAW AND JURISDICTION
511
512 13.1 The Agreement is governed by French law. The Parties agree to
513 endeavor to seek an amicable solution to any disagreements or disputes
514 that may arise during the performance of the Agreement.
515
516 13.2 Failing an amicable solution within two (2) months as from their
517 occurrence, and unless emergency proceedings are necessary, the
518 disagreements or disputes shall be referred to the Paris Courts having
519 jurisdiction, by the more diligent Party.