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comparison TEisotools-1.0/LICENSE @ 6:20ec0d14798e draft
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date | Wed, 20 Jul 2016 05:00:24 -0400 |
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1 | |
2 CeCILL FREE SOFTWARE LICENSE AGREEMENT | |
3 | |
4 | |
5 Notice | |
6 | |
7 This Agreement is a Free Software license agreement that is the result | |
8 of discussions between its authors in order to ensure compliance with | |
9 the two main principles guiding its drafting: | |
10 | |
11 * firstly, compliance with the principles governing the distribution | |
12 of Free Software: access to source code, broad rights granted to | |
13 users, | |
14 * secondly, the election of a governing law, French law, with which | |
15 it is conformant, both as regards the law of torts and | |
16 intellectual property law, and the protection that it offers to | |
17 both authors and 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'Energie Atomique - CEA, a public scientific, technical | |
23 and industrial research establishment, having its principal place of | |
24 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. | |
25 | |
26 Centre National de la Recherche Scientifique - CNRS, a public scientific | |
27 and technological establishment, having its principal place of business | |
28 at 3 rue Michel-Ange, 75794 Paris cedex 16, France. | |
29 | |
30 Institut National de Recherche en Informatique et en Automatique - | |
31 INRIA, a public scientific and technological establishment, having its | |
32 principal place of business at Domaine de Voluceau, Rocquencourt, BP | |
33 105, 78153 Le Chesnay cedex, France. | |
34 | |
35 | |
36 Preamble | |
37 | |
38 The purpose of this Free Software license agreement is to grant users | |
39 the right to modify and redistribute the software governed by this | |
40 license within the framework of an open source distribution model. | |
41 | |
42 The exercising of these rights is conditional upon certain obligations | |
43 for users so as to preserve this status for all subsequent redistributions. | |
44 | |
45 In consideration of access to the source code and the rights to copy, | |
46 modify and redistribute granted by the license, users are provided only | |
47 with a limited warranty and the software's author, the holder of the | |
48 economic rights, and the successive licensors only have limited liability. | |
49 | |
50 In this respect, the risks associated with loading, using, modifying | |
51 and/or developing or reproducing the software by the user are brought to | |
52 the user's attention, given its Free Software status, which may make it | |
53 complicated to use, with the result that its use is reserved for | |
54 developers and experienced professionals having in-depth computer | |
55 knowledge. Users are therefore encouraged to load and test the | |
56 suitability of the software as regards their requirements in conditions | |
57 enabling the security of their systems and/or data to be ensured and, | |
58 more generally, to use and operate it in the same conditions of | |
59 security. This Agreement may be freely reproduced and published, | |
60 provided it is not altered, and that no provisions are either added or | |
61 removed herefrom. | |
62 | |
63 This Agreement may apply to any or all software for which the holder of | |
64 the economic rights decides to submit the use thereof to its provisions. | |
65 | |
66 | |
67 Article 1 - DEFINITIONS | |
68 | |
69 For the purpose of this Agreement, when the following expressions | |
70 commence with a capital letter, they shall have the following meaning: | |
71 | |
72 Agreement: means this license agreement, and its possible subsequent | |
73 versions and annexes. | |
74 | |
75 Software: means the software in its Object Code and/or Source Code form | |
76 and, where applicable, its documentation, "as is" when the Licensee | |
77 accepts the Agreement. | |
78 | |
79 Initial Software: means the Software in its Source Code and possibly its | |
80 Object Code form and, where applicable, its documentation, "as is" when | |
81 it is first distributed under the terms and conditions of the Agreement. | |
82 | |
83 Modified Software: means the Software modified by at least one | |
84 Contribution. | |
85 | |
86 Source Code: means all the Software's instructions and program lines to | |
87 which access is required so as to modify the Software. | |
88 | |
89 Object Code: means the binary files originating from the compilation of | |
90 the Source Code. | |
91 | |
92 Holder: means the holder(s) of the economic rights over the Initial | |
93 Software. | |
94 | |
95 Licensee: means the Software user(s) having accepted the Agreement. | |
96 | |
97 Contributor: means a Licensee having made at least one Contribution. | |
98 | |
99 Licensor: means the Holder, or any other individual or legal entity, who | |
100 distributes the Software under the Agreement. | |
101 | |
102 Contribution: means any or all modifications, corrections, translations, | |
103 adaptations and/or new functions integrated into the Software by any or | |
104 all Contributors, as well as any or all Internal Modules. | |
105 | |
106 Module: means a set of sources files including their documentation that | |
107 enables supplementary functions or services in addition to those offered | |
108 by the Software. | |
109 | |
110 External Module: means any or all Modules, not derived from the | |
111 Software, so that this Module and the Software run in separate address | |
112 spaces, with one calling the other when they are run. | |
113 | |
114 Internal Module: means any or all Module, connected to the Software so | |
115 that they both execute in the same address space. | |
116 | |
117 GNU GPL: means the GNU General Public License version 2 or any | |
118 subsequent version, as published by the Free Software Foundation Inc. | |
119 | |
120 Parties: mean both the Licensee and the Licensor. | |
121 | |
122 These expressions may be used both in singular and plural form. | |
123 | |
124 | |
125 Article 2 - PURPOSE | |
126 | |
127 The purpose of the Agreement is the grant by the Licensor to the | |
128 Licensee of a non-exclusive, transferable and worldwide license for the | |
129 Software as set forth in Article 5 hereinafter for the whole term of the | |
130 protection granted by the rights over said Software. | |
131 | |
132 | |
133 Article 3 - ACCEPTANCE | |
134 | |
135 3.1 The Licensee shall be deemed as having accepted the terms and | |
136 conditions of this Agreement upon the occurrence of the first of the | |
137 following events: | |
138 | |
139 * (i) loading the Software by any or all means, notably, by | |
140 downloading from a remote server, or by loading from a physical | |
141 medium; | |
142 * (ii) the first time the Licensee exercises any of the rights | |
143 granted hereunder. | |
144 | |
145 3.2 One copy of the Agreement, containing a notice relating to the | |
146 characteristics of the Software, to the limited warranty, and to the | |
147 fact that its use is restricted to experienced users has been provided | |
148 to the Licensee prior to its acceptance as set forth in Article 3.1 | |
149 hereinabove, and the Licensee hereby acknowledges that it has read and | |
150 understood it. | |
151 | |
152 | |
153 Article 4 - EFFECTIVE DATE AND TERM | |
154 | |
155 | |
156 4.1 EFFECTIVE DATE | |
157 | |
158 The Agreement shall become effective on the date when it is accepted by | |
159 the Licensee as set forth in Article 3.1. | |
160 | |
161 | |
162 4.2 TERM | |
163 | |
164 The Agreement shall remain in force for the entire legal term of | |
165 protection of the economic rights over the Software. | |
166 | |
167 | |
168 Article 5 - SCOPE OF RIGHTS GRANTED | |
169 | |
170 The Licensor hereby grants to the Licensee, who accepts, the following | |
171 rights over the Software for any or all use, and for the term of the | |
172 Agreement, on the basis of the terms and conditions set forth hereinafter. | |
173 | |
174 Besides, if the Licensor owns or comes to own one or more patents | |
175 protecting all or part of the functions of the Software or of its | |
176 components, the Licensor undertakes not to enforce the rights granted by | |
177 these patents against successive Licensees using, exploiting or | |
178 modifying the Software. If these patents are transferred, the Licensor | |
179 undertakes to have the transferees subscribe to the obligations set | |
180 forth in this paragraph. | |
181 | |
182 | |
183 5.1 RIGHT OF USE | |
184 | |
185 The Licensee is authorized to use the Software, without any limitation | |
186 as to its fields of application, with it being hereinafter specified | |
187 that this comprises: | |
188 | |
189 1. permanent or temporary reproduction of all or part of the Software | |
190 by any or all means and in any or all form. | |
191 | |
192 2. loading, displaying, running, or storing the Software on any or | |
193 all medium. | |
194 | |
195 3. entitlement to observe, study or test its operation so as to | |
196 determine the ideas and principles behind any or all constituent | |
197 elements of said Software. This shall apply when the Licensee | |
198 carries out any or all loading, displaying, running, transmission | |
199 or storage operation as regards the Software, that it is entitled | |
200 to carry out hereunder. | |
201 | |
202 | |
203 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS | |
204 | |
205 The right to make Contributions includes the right to translate, adapt, | |
206 arrange, or make any or all modifications to the Software, and the right | |
207 to reproduce the resulting software. | |
208 | |
209 The Licensee is authorized to make any or all Contributions to the | |
210 Software provided that it includes an explicit notice that it is the | |
211 author of said Contribution and indicates the date of the creation thereof. | |
212 | |
213 | |
214 5.3 RIGHT OF DISTRIBUTION | |
215 | |
216 In particular, the right of distribution includes the right to publish, | |
217 transmit and communicate the Software to the general public on any or | |
218 all medium, and by any or all means, and the right to market, either in | |
219 consideration of a fee, or free of charge, one or more copies of the | |
220 Software by any means. | |
221 | |
222 The Licensee is further authorized to distribute copies of the modified | |
223 or unmodified Software to third parties according to the terms and | |
224 conditions set forth hereinafter. | |
225 | |
226 | |
227 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION | |
228 | |
229 The Licensee is authorized to distribute true copies of the Software in | |
230 Source Code or Object Code form, provided that said distribution | |
231 complies with all the provisions of the Agreement and is accompanied by: | |
232 | |
233 1. a copy of the Agreement, | |
234 | |
235 2. a notice relating to the limitation of both the Licensor's | |
236 warranty and liability as set forth in Articles 8 and 9, | |
237 | |
238 and that, in the event that only the Object Code of the Software is | |
239 redistributed, the Licensee allows future Licensees unhindered access to | |
240 the full Source Code of the Software by indicating how to access it, it | |
241 being understood that the additional cost of acquiring the Source Code | |
242 shall not exceed the cost of transferring the data. | |
243 | |
244 | |
245 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE | |
246 | |
247 When the Licensee makes a Contribution to the Software, the terms and | |
248 conditions for the distribution of the resulting Modified Software | |
249 become subject to all the provisions of this Agreement. | |
250 | |
251 The Licensee is authorized to distribute the Modified Software, in | |
252 source code or object code form, provided that said distribution | |
253 complies with all the provisions of the Agreement and is accompanied by: | |
254 | |
255 1. a copy of the Agreement, | |
256 | |
257 2. a notice relating to the limitation of both the Licensor's | |
258 warranty and liability as set forth in Articles 8 and 9, | |
259 | |
260 and that, in the event that only the object code of the Modified | |
261 Software is redistributed, the Licensee allows future Licensees | |
262 unhindered access to the full source code of the Modified Software by | |
263 indicating how to access it, it being understood that the additional | |
264 cost of acquiring the source code shall not exceed the cost of | |
265 transferring the data. | |
266 | |
267 | |
268 5.3.3 DISTRIBUTION OF EXTERNAL MODULES | |
269 | |
270 When the Licensee has developed an External Module, the terms and | |
271 conditions of this Agreement do not apply to said External Module, that | |
272 may be distributed under a separate license agreement. | |
273 | |
274 | |
275 5.3.4 COMPATIBILITY WITH THE GNU GPL | |
276 | |
277 The Licensee can include a code that is subject to the provisions of one | |
278 of the versions of the GNU GPL in the Modified or unmodified Software, | |
279 and distribute that entire code under the terms of the same version of | |
280 the GNU GPL. | |
281 | |
282 The Licensee can include the Modified or unmodified Software in a code | |
283 that is subject to the provisions of one of the versions of the GNU GPL, | |
284 and distribute that entire code under the terms of the same version of | |
285 the GNU GPL. | |
286 | |
287 | |
288 Article 6 - INTELLECTUAL PROPERTY | |
289 | |
290 | |
291 6.1 OVER THE INITIAL SOFTWARE | |
292 | |
293 The Holder owns the economic rights over the Initial Software. Any or | |
294 all use of the Initial Software is subject to compliance with the terms | |
295 and conditions under which the Holder has elected to distribute its work | |
296 and no one shall be entitled to modify the terms and conditions for the | |
297 distribution of said Initial Software. | |
298 | |
299 The Holder undertakes that the Initial Software will remain ruled at | |
300 least by this Agreement, for the duration set forth in Article 4.2. | |
301 | |
302 | |
303 6.2 OVER THE CONTRIBUTIONS | |
304 | |
305 The Licensee who develops a Contribution is the owner of the | |
306 intellectual property rights over this Contribution as defined by | |
307 applicable law. | |
308 | |
309 | |
310 6.3 OVER THE EXTERNAL MODULES | |
311 | |
312 The Licensee who develops an External Module is the owner of the | |
313 intellectual property rights over this External Module as defined by | |
314 applicable law and is free to choose the type of agreement that shall | |
315 govern its distribution. | |
316 | |
317 | |
318 6.4 JOINT PROVISIONS | |
319 | |
320 The Licensee expressly undertakes: | |
321 | |
322 1. not to remove, or modify, in any manner, the intellectual property | |
323 notices attached to the Software; | |
324 | |
325 2. to reproduce said notices, in an identical manner, in the copies | |
326 of the Software modified or not. | |
327 | |
328 The Licensee undertakes not to directly or indirectly infringe the | |
329 intellectual property rights of the Holder and/or Contributors on the | |
330 Software and to take, where applicable, vis-à-vis its staff, any and all | |
331 measures required to ensure respect of said intellectual property rights | |
332 of the Holder and/or Contributors. | |
333 | |
334 | |
335 Article 7 - RELATED SERVICES | |
336 | |
337 7.1 Under no circumstances shall the Agreement oblige the Licensor to | |
338 provide technical assistance or maintenance services for the Software. | |
339 | |
340 However, the Licensor is entitled to offer this type of services. The | |
341 terms and conditions of such technical assistance, and/or such | |
342 maintenance, shall be set forth in a separate instrument. Only the | |
343 Licensor offering said maintenance and/or technical assistance services | |
344 shall incur liability therefor. | |
345 | |
346 7.2 Similarly, any Licensor is entitled to offer to its licensees, under | |
347 its sole responsibility, a warranty, that shall only be binding upon | |
348 itself, for the redistribution of the Software and/or the Modified | |
349 Software, under terms and conditions that it is free to decide. Said | |
350 warranty, and the financial terms and conditions of its application, | |
351 shall be subject of a separate instrument executed between the Licensor | |
352 and the Licensee. | |
353 | |
354 | |
355 Article 8 - LIABILITY | |
356 | |
357 8.1 Subject to the provisions of Article 8.2, the Licensee shall be | |
358 entitled to claim compensation for any direct loss it may have suffered | |
359 from the Software as a result of a fault on the part of the relevant | |
360 Licensor, subject to providing evidence thereof. | |
361 | |
362 8.2 The Licensor's liability is limited to the commitments made under | |
363 this Agreement and shall not be incurred as a result of in particular: | |
364 (i) loss due the Licensee's total or partial failure to fulfill its | |
365 obligations, (ii) direct or consequential loss that is suffered by the | |
366 Licensee due to the use or performance of the Software, and (iii) more | |
367 generally, any consequential loss. In particular the Parties expressly | |
368 agree that any or all pecuniary or business loss (i.e. loss of data, | |
369 loss of profits, operating loss, loss of customers or orders, | |
370 opportunity cost, any disturbance to business activities) or any or all | |
371 legal proceedings instituted against the Licensee by a third party, | |
372 shall constitute consequential loss and shall not provide entitlement to | |
373 any or all compensation from the Licensor. | |
374 | |
375 | |
376 Article 9 - WARRANTY | |
377 | |
378 9.1 The Licensee acknowledges that the scientific and technical | |
379 state-of-the-art when the Software was distributed did not enable all | |
380 possible uses to be tested and verified, nor for the presence of | |
381 possible defects to be detected. In this respect, the Licensee's | |
382 attention has been drawn to the risks associated with loading, using, | |
383 modifying and/or developing and reproducing the Software which are | |
384 reserved for experienced users. | |
385 | |
386 The Licensee shall be responsible for verifying, by any or all means, | |
387 the suitability of the product for its requirements, its good working | |
388 order, and for ensuring that it shall not cause damage to either persons | |
389 or properties. | |
390 | |
391 9.2 The Licensor hereby represents, in good faith, that it is entitled | |
392 to grant all the rights over the Software (including in particular the | |
393 rights set forth in Article 5). | |
394 | |
395 9.3 The Licensee acknowledges that the Software is supplied "as is" by | |
396 the Licensor without any other express or tacit warranty, other than | |
397 that provided for in Article 9.2 and, in particular, without any warranty | |
398 as to its commercial value, its secured, safe, innovative or relevant | |
399 nature. | |
400 | |
401 Specifically, the Licensor does not warrant that the Software is free | |
402 from any error, that it will operate without interruption, that it will | |
403 be compatible with the Licensee's own equipment and software | |
404 configuration, nor that it will meet the Licensee's requirements. | |
405 | |
406 9.4 The Licensor does not either expressly or tacitly warrant that the | |
407 Software does not infringe any third party intellectual property right | |
408 relating to a patent, software or any other property right. Therefore, | |
409 the Licensor disclaims any and all liability towards the Licensee | |
410 arising out of any or all proceedings for infringement that may be | |
411 instituted in respect of the use, modification and redistribution of the | |
412 Software. Nevertheless, should such proceedings be instituted against | |
413 the Licensee, the Licensor shall provide it with technical and legal | |
414 assistance for its defense. Such technical and legal assistance shall be | |
415 decided on a case-by-case basis between the relevant Licensor and the | |
416 Licensee pursuant to a memorandum of understanding. The Licensor | |
417 disclaims any and all liability as regards the Licensee's use of the | |
418 name of the Software. No warranty is given as regards the existence of | |
419 prior rights over the name of the Software or as regards the existence | |
420 of a trademark. | |
421 | |
422 | |
423 Article 10 - TERMINATION | |
424 | |
425 10.1 In the event of a breach by the Licensee of its obligations | |
426 hereunder, the Licensor may automatically terminate this Agreement | |
427 thirty (30) days after notice has been sent to the Licensee and has | |
428 remained ineffective. | |
429 | |
430 10.2 A Licensee whose Agreement is terminated shall no longer be | |
431 authorized to use, modify or distribute the Software. However, any | |
432 licenses that it may have granted prior to termination of the Agreement | |
433 shall remain valid subject to their having been granted in compliance | |
434 with the terms and conditions hereof. | |
435 | |
436 | |
437 Article 11 - MISCELLANEOUS | |
438 | |
439 | |
440 11.1 EXCUSABLE EVENTS | |
441 | |
442 Neither Party shall be liable for any or all delay, or failure to | |
443 perform the Agreement, that may be attributable to an event of force | |
444 majeure, an act of God or an outside cause, such as defective | |
445 functioning or interruptions of the electricity or telecommunications | |
446 networks, network paralysis following a virus attack, intervention by | |
447 government authorities, natural disasters, water damage, earthquakes, | |
448 fire, explosions, strikes and labor unrest, war, etc. | |
449 | |
450 11.2 Any failure by either Party, on one or more occasions, to invoke | |
451 one or more of the provisions hereof, shall under no circumstances be | |
452 interpreted as being a waiver by the interested Party of its right to | |
453 invoke said provision(s) subsequently. | |
454 | |
455 11.3 The Agreement cancels and replaces any or all previous agreements, | |
456 whether written or oral, between the Parties and having the same | |
457 purpose, and constitutes the entirety of the agreement between said | |
458 Parties concerning said purpose. No supplement or modification to the | |
459 terms and conditions hereof shall be effective as between the Parties | |
460 unless it is made in writing and signed by their duly authorized | |
461 representatives. | |
462 | |
463 11.4 In the event that one or more of the provisions hereof were to | |
464 conflict with a current or future applicable act or legislative text, | |
465 said act or legislative text shall prevail, and the Parties shall make | |
466 the necessary amendments so as to comply with said act or legislative | |
467 text. All other provisions shall remain effective. Similarly, invalidity | |
468 of a provision of the Agreement, for any reason whatsoever, shall not | |
469 cause the Agreement as a whole to be invalid. | |
470 | |
471 | |
472 11.5 LANGUAGE | |
473 | |
474 The Agreement is drafted in both French and English and both versions | |
475 are deemed authentic. | |
476 | |
477 | |
478 Article 12 - NEW VERSIONS OF THE AGREEMENT | |
479 | |
480 12.1 Any person is authorized to duplicate and distribute copies of this | |
481 Agreement. | |
482 | |
483 12.2 So as to ensure coherence, the wording of this Agreement is | |
484 protected and may only be modified by the authors of the License, who | |
485 reserve the right to periodically publish updates or new versions of the | |
486 Agreement, each with a separate number. These subsequent versions may | |
487 address new issues encountered by Free Software. | |
488 | |
489 12.3 Any Software distributed under a given version of the Agreement may | |
490 only be subsequently distributed under the same version of the Agreement | |
491 or a subsequent version, subject to the provisions of Article 5.3.4. | |
492 | |
493 | |
494 Article 13 - GOVERNING LAW AND JURISDICTION | |
495 | |
496 13.1 The Agreement is governed by French law. The Parties agree to | |
497 endeavor to seek an amicable solution to any disagreements or disputes | |
498 that may arise during the performance of the Agreement. | |
499 | |
500 13.2 Failing an amicable solution within two (2) months as from their | |
501 occurrence, and unless emergency proceedings are necessary, the | |
502 disagreements or disputes shall be referred to the Paris Courts having | |
503 jurisdiction, by the more diligent Party. | |
504 | |
505 | |
506 Version 2.0 dated 2006-09-05. |