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author | GiteaBot <teabot@gitea.io> | 2021-01-24 00:19:18 +0000 |
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committer | GiteaBot <teabot@gitea.io> | 2021-01-24 00:19:18 +0000 |
commit | e35a2b65bcc01b3fd88f8764664eee7f958b9812 (patch) | |
tree | eb0c5de3c7841c207c9bc86d54483b20bf4edc95 /options/license/CECILL-B | |
parent | 4b7d85bfa5d593bb911a331a1d8daa67689bfa62 (diff) | |
download | gitea-e35a2b65bcc01b3fd88f8764664eee7f958b9812.tar.gz gitea-e35a2b65bcc01b3fd88f8764664eee7f958b9812.zip |
[skip ci] Updated licenses and gitignores
Diffstat (limited to 'options/license/CECILL-B')
-rw-r--r-- | options/license/CECILL-B | 755 |
1 files changed, 393 insertions, 362 deletions
diff --git a/options/license/CECILL-B b/options/license/CECILL-B index 18887a5caa..c02c70e620 100644 --- a/options/license/CECILL-B +++ b/options/license/CECILL-B @@ -1,484 +1,515 @@ -CeCILL-B FREE SOFTWARE LICENSE AGREEMENT Notice -This Agreement is a Free Software license agreement that is the result of -discussions between its authors in order to ensure compliance with the two -main principles guiding its drafting: +CeCILL-B FREE SOFTWARE LICENSE AGREEMENT -* firstly, compliance with the principles governing the distribution of Free -Software: access to source code, broad rights granted to users, -* secondly, the election of a governing law, French law, with which it is -conformant, both as regards the law of torts and intellectual property law, -and the protection that it offers to both authors and holders of the economic -rights over software. + Notice -The authors of the CeCILL¹ license are: +This Agreement is a Free Software license agreement that is the result +of discussions between its authors in order to ensure compliance with +the two main principles guiding its drafting: - + * firstly, compliance with the principles governing the distribution + of Free Software: access to source code, broad rights granted to + users, + * secondly, the election of a governing law, French law, with which + it is conformant, both as regards the law of torts and + intellectual property law, and the protection that it offers to + both authors and holders of the economic rights over software. -Commissariat à l'Energie Atomique - CEA, a public scientific, technical and -industrial research establishment, having its principal place of business -at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. +The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) +license are: - +Commissariat à l'Energie Atomique - CEA, a public scientific, technical +and industrial research establishment, having its principal place of +business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. -Centre National de la Recherche Scientifique - CNRS, a public scientific and -technological establishment, having its principal place of business at 3 rue -Michel-Ange, 75794 Paris cedex 16, France. +Centre National de la Recherche Scientifique - CNRS, a public scientific +and technological establishment, having its principal place of business +at 3 rue Michel-Ange, 75794 Paris cedex 16, France. - +Institut National de Recherche en Informatique et en Automatique - +INRIA, a public scientific and technological establishment, having its +principal place of business at Domaine de Voluceau, Rocquencourt, BP +105, 78153 Le Chesnay cedex, France. -Institut National de Recherche en Informatique et en Automatique - INRIA, -a public scientific and technological establishment, having its principal -place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay -cedex, France. -Preamble This Agreement is an open source software license intended to give -users significant freedom to modify and redistribute the software licensed + Preamble + +This Agreement is an open source software license intended to give users +significant freedom to modify and redistribute the software licensed hereunder. -The exercising of this freedom is conditional upon a strong obligation of -giving credits for everybody that distributes a software incorporating a software -ruled by the current license so as all contributions to be properly identified -and acknowledged. +The exercising of this freedom is conditional upon a strong obligation +of giving credits for everybody that distributes a software +incorporating a software ruled by the current license so as all +contributions to be properly identified and acknowledged. -In consideration of access to the source code and the rights to copy, modify -and redistribute granted by the license, users are provided only with a limited -warranty and the software's author, the holder of the economic rights, and -the successive licensors only have limited liability. +In consideration of access to the source code and the rights to copy, +modify and redistribute granted by the license, users are provided only +with a limited warranty and the software's author, the holder of the +economic rights, and the successive licensors only have limited liability. -In this respect, the risks associated with loading, using, modifying and/or -developing or reproducing the software by the user are brought to the user's -attention, given its Free Software status, which may make it complicated to -use, with the result that its use is reserved for developers and experienced -professionals having in-depth computer knowledge. Users are therefore encouraged -to load and test the suitability of the software as regards their requirements -in conditions enabling the security of their systems and/or data to be ensured -and, more generally, to use and operate it in the same conditions of security. -This Agreement may be freely reproduced and published, provided it is not -altered, and that no provisions are either added or removed herefrom. +In this respect, the risks associated with loading, using, modifying +and/or developing or reproducing the software by the user are brought to +the user's attention, given its Free Software status, which may make it +complicated to use, with the result that its use is reserved for +developers and experienced professionals having in-depth computer +knowledge. Users are therefore encouraged to load and test the +suitability of the software as regards their requirements in conditions +enabling the security of their systems and/or data to be ensured and, +more generally, to use and operate it in the same conditions of +security. This Agreement may be freely reproduced and published, +provided it is not altered, and that no provisions are either added or +removed herefrom. -This Agreement may apply to any or all software for which the holder of the -economic rights decides to submit the use thereof to its provisions. +This Agreement may apply to any or all software for which the holder of +the economic rights decides to submit the use thereof to its provisions. - Article 1 - DEFINITIONS -For the purpose of this Agreement, when the following expressions commence -with a capital letter, they shall have the following meaning: + Article 1 - DEFINITIONS - +For the purpose of this Agreement, when the following expressions +commence with a capital letter, they shall have the following meaning: -Agreement: means this license agreement, and its possible subsequent versions -and annexes. +Agreement: means this license agreement, and its possible subsequent +versions and annexes. - +Software: means the software in its Object Code and/or Source Code form +and, where applicable, its documentation, "as is" when the Licensee +accepts the Agreement. -Software: means the software in its Object Code and/or Source Code form and, -where applicable, its documentation, "as is" when the Licensee accepts the -Agreement. +Initial Software: means the Software in its Source Code and possibly its +Object Code form and, where applicable, its documentation, "as is" when +it is first distributed under the terms and conditions of the Agreement. - +Modified Software: means the Software modified by at least one +Contribution. -Initial Software: means the Software in its Source Code and possibly its Object -Code form and, where applicable, its documentation, "as is" when it is first -distributed under the terms and conditions of the Agreement. +Source Code: means all the Software's instructions and program lines to +which access is required so as to modify the Software. - +Object Code: means the binary files originating from the compilation of +the Source Code. -Modified Software: means the Software modified by at least one Contribution. +Holder: means the holder(s) of the economic rights over the Initial +Software. - +Licensee: means the Software user(s) having accepted the Agreement. -Source Code: means all the Software's instructions and program lines to which -access is required so as to modify the Software. +Contributor: means a Licensee having made at least one Contribution. - +Licensor: means the Holder, or any other individual or legal entity, who +distributes the Software under the Agreement. -Object Code: means the binary files originating from the compilation of the -Source Code. +Contribution: means any or all modifications, corrections, translations, +adaptations and/or new functions integrated into the Software by any or +all Contributors, as well as any or all Internal Modules. - +Module: means a set of sources files including their documentation that +enables supplementary functions or services in addition to those offered +by the Software. -Holder: means the holder(s) of the economic rights over the Initial Software. +External Module: means any or all Modules, not derived from the +Software, so that this Module and the Software run in separate address +spaces, with one calling the other when they are run. - +Internal Module: means any or all Module, connected to the Software so +that they both execute in the same address space. - Licensee: means the Software user(s) having accepted the Agreement. +Parties: mean both the Licensee and the Licensor. - +These expressions may be used both in singular and plural form. - Contributor: means a Licensee having made at least one Contribution. - + Article 2 - PURPOSE -Licensor: means the Holder, or any other individual or legal entity, who distributes -the Software under the Agreement. +The purpose of the Agreement is the grant by the Licensor to the +Licensee of a non-exclusive, transferable and worldwide license for the +Software as set forth in Article 5 hereinafter for the whole term of the +protection granted by the rights over said Software. - -Contribution: means any or all modifications, corrections, translations, adaptations -and/or new functions integrated into the Software by any or all Contributors, -as well as any or all Internal Modules. + Article 3 - ACCEPTANCE - +3.1 The Licensee shall be deemed as having accepted the terms and +conditions of this Agreement upon the occurrence of the first of the +following events: -Module: means a set of sources files including their documentation that enables -supplementary functions or services in addition to those offered by the Software. + * (i) loading the Software by any or all means, notably, by + downloading from a remote server, or by loading from a physical + medium; + * (ii) the first time the Licensee exercises any of the rights + granted hereunder. - +3.2 One copy of the Agreement, containing a notice relating to the +characteristics of the Software, to the limited warranty, and to the +fact that its use is restricted to experienced users has been provided +to the Licensee prior to its acceptance as set forth in Article 3.1 +hereinabove, and the Licensee hereby acknowledges that it has read and +understood it. -External Module: means any or all Modules, not derived from the Software, -so that this Module and the Software run in separate address spaces, with -one calling the other when they are run. - + Article 4 - EFFECTIVE DATE AND TERM -Internal Module: means any or all Module, connected to the Software so that -they both execute in the same address space. - + 4.1 EFFECTIVE DATE - Parties: mean both the Licensee and the Licensor. +The Agreement shall become effective on the date when it is accepted by +the Licensee as set forth in Article 3.1. - These expressions may be used both in singular and plural form. - Article 2 - PURPOSE + 4.2 TERM -The purpose of the Agreement is the grant by the Licensor to the Licensee -of a non-exclusive, transferable and worldwide license for the Software as -set forth in Article 5 hereinafter for the whole term of the protection granted -by the rights over said Software. +The Agreement shall remain in force for the entire legal term of +protection of the economic rights over the Software. - Article 3 - ACCEPTANCE -3.1 The Licensee shall be deemed as having accepted the terms and conditions -of this Agreement upon the occurrence of the first of the following events: + Article 5 - SCOPE OF RIGHTS GRANTED -(i) loading the Software by any or all means, notably, by downloading from -a remote server, or by loading from a physical medium; +The Licensor hereby grants to the Licensee, who accepts, the following +rights over the Software for any or all use, and for the term of the +Agreement, on the basis of the terms and conditions set forth hereinafter. -(ii) the first time the Licensee exercises any of the rights granted hereunder. +Besides, if the Licensor owns or comes to own one or more patents +protecting all or part of the functions of the Software or of its +components, the Licensor undertakes not to enforce the rights granted by +these patents against successive Licensees using, exploiting or +modifying the Software. If these patents are transferred, the Licensor +undertakes to have the transferees subscribe to the obligations set +forth in this paragraph. -3.2 One copy of the Agreement, containing a notice relating to the characteristics -of the Software, to the limited warranty, and to the fact that its use is -restricted to experienced users has been provided to the Licensee prior to -its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby -acknowledges that it has read and understood it. - Article 4 - EFFECTIVE DATE AND TERM + 5.1 RIGHT OF USE - 4.1 EFFECTIVE DATE +The Licensee is authorized to use the Software, without any limitation +as to its fields of application, with it being hereinafter specified +that this comprises: -The Agreement shall become effective on the date when it is accepted by the -Licensee as set forth in Article 3.1. + 1. permanent or temporary reproduction of all or part of the Software + by any or all means and in any or all form. - 4.2 TERM + 2. loading, displaying, running, or storing the Software on any or + all medium. -The Agreement shall remain in force for the entire legal term of protection -of the economic rights over the Software. + 3. entitlement to observe, study or test its operation so as to + determine the ideas and principles behind any or all constituent + elements of said Software. This shall apply when the Licensee + carries out any or all loading, displaying, running, transmission + or storage operation as regards the Software, that it is entitled + to carry out hereunder. - Article 5 - SCOPE OF RIGHTS GRANTED -The Licensor hereby grants to the Licensee, who accepts, the following rights -over the Software for any or all use, and for the term of the Agreement, on -the basis of the terms and conditions set forth hereinafter. + 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS -Besides, if the Licensor owns or comes to own one or more patents protecting -all or part of the functions of the Software or of its components, the Licensor -undertakes not to enforce the rights granted by these patents against successive -Licensees using, exploiting or modifying the Software. If these patents are -transferred, the Licensor undertakes to have the transferees subscribe to -the obligations set forth in this paragraph. +The right to make Contributions includes the right to translate, adapt, +arrange, or make any or all modifications to the Software, and the right +to reproduce the resulting software. - 5.1 RIGHT OF USE +The Licensee is authorized to make any or all Contributions to the +Software provided that it includes an explicit notice that it is the +author of said Contribution and indicates the date of the creation thereof. -The Licensee is authorized to use the Software, without any limitation as -to its fields of application, with it being hereinafter specified that this -comprises: -1. permanent or temporary reproduction of all or part of the Software by any -or all means and in any or all form. + 5.3 RIGHT OF DISTRIBUTION -2. loading, displaying, running, or storing the Software on any or all medium. +In particular, the right of distribution includes the right to publish, +transmit and communicate the Software to the general public on any or +all medium, and by any or all means, and the right to market, either in +consideration of a fee, or free of charge, one or more copies of the +Software by any means. -3. entitlement to observe, study or test its operation so as to determine -the ideas and principles behind any or all constituent elements of said Software. -This shall apply when the Licensee carries out any or all loading, displaying, -running, transmission or storage operation as regards the Software, that it -is entitled to carry out hereunder. +The Licensee is further authorized to distribute copies of the modified +or unmodified Software to third parties according to the terms and +conditions set forth hereinafter. - 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS -The right to make Contributions includes the right to translate, adapt, arrange, -or make any or all modifications to the Software, and the right to reproduce -the resulting software. + 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION -The Licensee is authorized to make any or all Contributions to the Software -provided that it includes an explicit notice that it is the author of said -Contribution and indicates the date of the creation thereof. +The Licensee is authorized to distribute true copies of the Software in +Source Code or Object Code form, provided that said distribution +complies with all the provisions of the Agreement and is accompanied by: - 5.3 RIGHT OF DISTRIBUTION + 1. a copy of the Agreement, + + 2. a notice relating to the limitation of both the Licensor's + warranty and liability as set forth in Articles 8 and 9, -In particular, the right of distribution includes the right to publish, transmit -and communicate the Software to the general public on any or all medium, and -by any or all means, and the right to market, either in consideration of a -fee, or free of charge, one or more copies of the Software by any means. +and that, in the event that only the Object Code of the Software is +redistributed, the Licensee allows effective access to the full Source +Code of the Software at a minimum during the entire period of its +distribution of the Software, it being understood that the additional +cost of acquiring the Source Code shall not exceed the cost of +transferring the data. -The Licensee is further authorized to distribute copies of the modified or -unmodified Software to third parties according to the terms and conditions -set forth hereinafter. - 5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION + 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE -The Licensee is authorized to distribute true copies of the Software in Source -Code or Object Code form, provided that said distribution complies with all -the provisions of the Agreement and is accompanied by: +If the Licensee makes any Contribution to the Software, the resulting +Modified Software may be distributed under a license agreement other +than this Agreement subject to compliance with the provisions of Article +5.3.4. - 1. a copy of the Agreement, -2. a notice relating to the limitation of both the Licensor's warranty and -liability as set forth in Articles 8 and 9, + 5.3.3 DISTRIBUTION OF EXTERNAL MODULES -and that, in the event that only the Object Code of the Software is redistributed, -the Licensee allows effective access to the full Source Code of the Software -at a minimum during the entire period of its distribution of the Software, -it being understood that the additional cost of acquiring the Source Code -shall not exceed the cost of transferring the data. +When the Licensee has developed an External Module, the terms and +conditions of this Agreement do not apply to said External Module, that +may be distributed under a separate license agreement. - 5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE -If the Licensee makes any Contribution to the Software, the resulting Modified -Software may be distributed under a license agreement other than this Agreement -subject to compliance with the provisions of Article 5.3.4. + 5.3.4 CREDITS - 5.3.3. DISTRIBUTION OF EXTERNAL MODULES +Any Licensee who may distribute a Modified Software hereby expressly +agrees to: -When the Licensee has developed an External Module, the terms and conditions -of this Agreement do not apply to said External Module, that may be distributed -under a separate license agreement. + 1. indicate in the related documentation that it is based on the + Software licensed hereunder, and reproduce the intellectual + property notice for the Software, - 5.3.4. CREDITS + 2. ensure that written indications of the Software intended use, + intellectual property notice and license hereunder are included in + easily accessible format from the Modified Software interface, -Any Licensee who may distribute a Modified Software hereby expressly agrees -to: + 3. mention, on a freely accessible website describing the Modified + Software, at least throughout the distribution term thereof, that + it is based on the Software licensed hereunder, and reproduce the + Software intellectual property notice, -1. indicate in the related documentation that it is based on the Software -licensed hereunder, and reproduce the intellectual property notice for the -Software, + 4. where it is distributed to a third party that may distribute a + Modified Software without having to make its source code + available, make its best efforts to ensure that said third party + agrees to comply with the obligations set forth in this Article . -2. ensure that written indications of the Software intended use, intellectual -property notice and license hereunder are included in easily accessible format -from the Modified Software interface, +If the Software, whether or not modified, is distributed with an +External Module designed for use in connection with the Software, the +Licensee shall submit said External Module to the foregoing obligations. -3. mention, on a freely accessible website describing the Modified Software, -at least throughout the distribution term thereof, that it is based on the -Software licensed hereunder, and reproduce the Software intellectual property -notice, -4. where it is distributed to a third party that may distribute a Modified -Software without having to make its source code available, make its best efforts -to ensure that said third party agrees to comply with the obligations set -forth in this Article . + 5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES -If the Software, whether or not modified, is distributed with an External -Module designed for use in connection with the Software, the Licensee shall -submit said External Module to the foregoing obligations. +Where a Modified Software contains a Contribution subject to the CeCILL +license, the provisions set forth in Article 5.3.4 shall be optional. - 5.3.5. COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES +A Modified Software may be distributed under the CeCILL-C license. In +such a case the provisions set forth in Article 5.3.4 shall be optional. -Where a Modified Software contains a Contribution subject to the CeCILL license, -the provisions set forth in Article 5.3.4 shall be optional. -A Modified Software may be distributed under the CeCILL-C license. In such -a case the provisions set forth in Article 5.3.4 shall be optional. + Article 6 - INTELLECTUAL PROPERTY - Article 6 - INTELLECTUAL PROPERTY 6.1 OVER THE INITIAL SOFTWARE -The Holder owns the economic rights over the Initial Software. Any or all -use of the Initial Software is subject to compliance with the terms and conditions -under which the Holder has elected to distribute its work and no one shall -be entitled to modify the terms and conditions for the distribution of said -Initial Software. +The Holder owns the economic rights over the Initial Software. Any or +all use of the Initial Software is subject to compliance with the terms +and conditions under which the Holder has elected to distribute its work +and no one shall be entitled to modify the terms and conditions for the +distribution of said Initial Software. + +The Holder undertakes that the Initial Software will remain ruled at +least by this Agreement, for the duration set forth in Article 4.2. -The Holder undertakes that the Initial Software will remain ruled at least -by this Agreement, for the duration set forth in Article 4.2. 6.2 OVER THE CONTRIBUTIONS -The Licensee who develops a Contribution is the owner of the intellectual -property rights over this Contribution as defined by applicable law. +The Licensee who develops a Contribution is the owner of the +intellectual property rights over this Contribution as defined by +applicable law. + 6.3 OVER THE EXTERNAL MODULES -The Licensee who develops an External Module is the owner of the intellectual -property rights over this External Module as defined by applicable law and -is free to choose the type of agreement that shall govern its distribution. +The Licensee who develops an External Module is the owner of the +intellectual property rights over this External Module as defined by +applicable law and is free to choose the type of agreement that shall +govern its distribution. + 6.4 JOINT PROVISIONS - The Licensee expressly undertakes: - -1. not to remove, or modify, in any manner, the intellectual property notices -attached to the Software; - -2. to reproduce said notices, in an identical manner, in the copies of the -Software modified or not. - -The Licensee undertakes not to directly or indirectly infringe the intellectual -property rights of the Holder and/or Contributors on the Software and to take, -where applicable, vis-à-vis its staff, any and all measures required to ensure -respect of said intellectual property rights of the Holder and/or Contributors. - - Article 7 - RELATED SERVICES - -7.1 Under no circumstances shall the Agreement oblige the Licensor to provide -technical assistance or maintenance services for the Software. - -However, the Licensor is entitled to offer this type of services. The terms -and conditions of such technical assistance, and/or such maintenance, shall -be set forth in a separate instrument. Only the Licensor offering said maintenance -and/or technical assistance services shall incur liability therefor. - -7.2 Similarly, any Licensor is entitled to offer to its licensees, under its -sole responsibility, a warranty, that shall only be binding upon itself, for -the redistribution of the Software and/or the Modified Software, under terms -and conditions that it is free to decide. Said warranty, and the financial -terms and conditions of its application, shall be subject of a separate instrument -executed between the Licensor and the Licensee. - - Article 8 - LIABILITY - -8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled -to claim compensation for any direct loss it may have suffered from the Software -as a result of a fault on the part of the relevant Licensor, subject to providing -evidence thereof. - -8.2 The Licensor's liability is limited to the commitments made under this -Agreement and shall not be incurred as a result of in particular: (i) loss -due the Licensee's total or partial failure to fulfill its obligations, (ii) -direct or consequential loss that is suffered by the Licensee due to the use -or performance of the Software, and (iii) more generally, any consequential -loss. In particular the Parties expressly agree that any or all pecuniary -or business loss (i.e. loss of data, loss of profits, operating loss, loss -of customers or orders, opportunity cost, any disturbance to business activities) -or any or all legal proceedings instituted against the Licensee by a third -party, shall constitute consequential loss and shall not provide entitlement -to any or all compensation from the Licensor. - - Article 9 - WARRANTY - -9.1 The Licensee acknowledges that the scientific and technical state-of-the-art -when the Software was distributed did not enable all possible uses to be tested -and verified, nor for the presence of possible defects to be detected. In -this respect, the Licensee's attention has been drawn to the risks associated -with loading, using, modifying and/or developing and reproducing the Software -which are reserved for experienced users. - -The Licensee shall be responsible for verifying, by any or all means, the -suitability of the product for its requirements, its good working order, and -for ensuring that it shall not cause damage to either persons or properties. - -9.2 The Licensor hereby represents, in good faith, that it is entitled to -grant all the rights over the Software (including in particular the rights -set forth in Article 5). - -9.3 The Licensee acknowledges that the Software is supplied "as is" by the -Licensor without any other express or tacit warranty, other than that provided -for in Article 9.2 and, in particular, without any warranty as to its commercial -value, its secured, safe, innovative or relevant nature. - -Specifically, the Licensor does not warrant that the Software is free from -any error, that it will operate without interruption, that it will be compatible -with the Licensee's own equipment and software configuration, nor that it -will meet the Licensee's requirements. - -9.4 The Licensor does not either expressly or tacitly warrant that the Software -does not infringe any third party intellectual property right relating to -a patent, software or any other property right. Therefore, the Licensor disclaims -any and all liability towards the Licensee arising out of any or all proceedings -for infringement that may be instituted in respect of the use, modification -and redistribution of the Software. Nevertheless, should such proceedings -be instituted against the Licensee, the Licensor shall provide it with technical -and legal assistance for its defense. Such technical and legal assistance -shall be decided on a case-by-case basis between the relevant Licensor and -the Licensee pursuant to a memorandum of understanding. The Licensor disclaims -any and all liability as regards the Licensee's use of the name of the Software. -No warranty is given as regards the existence of prior rights over the name -of the Software or as regards the existence of a trademark. - - Article 10 - TERMINATION - -10.1 In the event of a breach by the Licensee of its obligations hereunder, -the Licensor may automatically terminate this Agreement thirty (30) days after -notice has been sent to the Licensee and has remained ineffective. - -10.2 A Licensee whose Agreement is terminated shall no longer be authorized -to use, modify or distribute the Software. However, any licenses that it may -have granted prior to termination of the Agreement shall remain valid subject -to their having been granted in compliance with the terms and conditions hereof. - - Article 11 - MISCELLANEOUS +The Licensee expressly undertakes: + + 1. not to remove, or modify, in any manner, the intellectual property + notices attached to the Software; + + 2. to reproduce said notices, in an identical manner, in the copies + of the Software modified or not. + +The Licensee undertakes not to directly or indirectly infringe the +intellectual property rights of the Holder and/or Contributors on the +Software and to take, where applicable, vis-à-vis its staff, any and all +measures required to ensure respect of said intellectual property rights +of the Holder and/or Contributors. + + + Article 7 - RELATED SERVICES + +7.1 Under no circumstances shall the Agreement oblige the Licensor to +provide technical assistance or maintenance services for the Software. + +However, the Licensor is entitled to offer this type of services. The +terms and conditions of such technical assistance, and/or such +maintenance, shall be set forth in a separate instrument. Only the +Licensor offering said maintenance and/or technical assistance services +shall incur liability therefor. + +7.2 Similarly, any Licensor is entitled to offer to its licensees, under +its sole responsibility, a warranty, that shall only be binding upon +itself, for the redistribution of the Software and/or the Modified +Software, under terms and conditions that it is free to decide. Said +warranty, and the financial terms and conditions of its application, +shall be subject of a separate instrument executed between the Licensor +and the Licensee. + + + Article 8 - LIABILITY + +8.1 Subject to the provisions of Article 8.2, the Licensee shall be +entitled to claim compensation for any direct loss it may have suffered +from the Software as a result of a fault on the part of the relevant +Licensor, subject to providing evidence thereof. + +8.2 The Licensor's liability is limited to the commitments made under +this Agreement and shall not be incurred as a result of in particular: +(i) loss due the Licensee's total or partial failure to fulfill its +obligations, (ii) direct or consequential loss that is suffered by the +Licensee due to the use or performance of the Software, and (iii) more +generally, any consequential loss. In particular the Parties expressly +agree that any or all pecuniary or business loss (i.e. loss of data, +loss of profits, operating loss, loss of customers or orders, +opportunity cost, any disturbance to business activities) or any or all +legal proceedings instituted against the Licensee by a third party, +shall constitute consequential loss and shall not provide entitlement to +any or all compensation from the Licensor. + + + Article 9 - WARRANTY + +9.1 The Licensee acknowledges that the scientific and technical +state-of-the-art when the Software was distributed did not enable all +possible uses to be tested and verified, nor for the presence of +possible defects to be detected. In this respect, the Licensee's +attention has been drawn to the risks associated with loading, using, +modifying and/or developing and reproducing the Software which are +reserved for experienced users. + +The Licensee shall be responsible for verifying, by any or all means, +the suitability of the product for its requirements, its good working +order, and for ensuring that it shall not cause damage to either persons +or properties. + +9.2 The Licensor hereby represents, in good faith, that it is entitled +to grant all the rights over the Software (including in particular the +rights set forth in Article 5). + +9.3 The Licensee acknowledges that the Software is supplied "as is" by +the Licensor without any other express or tacit warranty, other than +that provided for in Article 9.2 and, in particular, without any warranty +as to its commercial value, its secured, safe, innovative or relevant +nature. + +Specifically, the Licensor does not warrant that the Software is free +from any error, that it will operate without interruption, that it will +be compatible with the Licensee's own equipment and software +configuration, nor that it will meet the Licensee's requirements. + +9.4 The Licensor does not either expressly or tacitly warrant that the +Software does not infringe any third party intellectual property right +relating to a patent, software or any other property right. Therefore, +the Licensor disclaims any and all liability towards the Licensee +arising out of any or all proceedings for infringement that may be +instituted in respect of the use, modification and redistribution of the +Software. Nevertheless, should such proceedings be instituted against +the Licensee, the Licensor shall provide it with technical and legal +assistance for its defense. Such technical and legal assistance shall be +decided on a case-by-case basis between the relevant Licensor and the +Licensee pursuant to a memorandum of understanding. The Licensor +disclaims any and all liability as regards the Licensee's use of the +name of the Software. No warranty is given as regards the existence of +prior rights over the name of the Software or as regards the existence +of a trademark. + + + Article 10 - TERMINATION + +10.1 In the event of a breach by the Licensee of its obligations +hereunder, the Licensor may automatically terminate this Agreement +thirty (30) days after notice has been sent to the Licensee and has +remained ineffective. + +10.2 A Licensee whose Agreement is terminated shall no longer be +authorized to use, modify or distribute the Software. However, any +licenses that it may have granted prior to termination of the Agreement +shall remain valid subject to their having been granted in compliance +with the terms and conditions hereof. + + + Article 11 - MISCELLANEOUS + 11.1 EXCUSABLE EVENTS -Neither Party shall be liable for any or all delay, or failure to perform -the Agreement, that may be attributable to an event of force majeure, an act -of God or an outside cause, such as defective functioning or interruptions -of the electricity or telecommunications networks, network paralysis following -a virus attack, intervention by government authorities, natural disasters, -water damage, earthquakes, fire, explosions, strikes and labor unrest, war, -etc. - -11.2 Any failure by either Party, on one or more occasions, to invoke one -or more of the provisions hereof, shall under no circumstances be interpreted -as being a waiver by the interested Party of its right to invoke said provision(s) -subsequently. - -11.3 The Agreement cancels and replaces any or all previous agreements, whether -written or oral, between the Parties and having the same purpose, and constitutes -the entirety of the agreement between said Parties concerning said purpose. -No supplement or modification to the terms and conditions hereof shall be -effective as between the Parties unless it is made in writing and signed by -their duly authorized representatives. - -11.4 In the event that one or more of the provisions hereof were to conflict -with a current or future applicable act or legislative text, said act or legislative -text shall prevail, and the Parties shall make the necessary amendments so -as to comply with said act or legislative text. All other provisions shall -remain effective. Similarly, invalidity of a provision of the Agreement, for -any reason whatsoever, shall not cause the Agreement as a whole to be invalid. +Neither Party shall be liable for any or all delay, or failure to +perform the Agreement, that may be attributable to an event of force +majeure, an act of God or an outside cause, such as defective +functioning or interruptions of the electricity or telecommunications +networks, network paralysis following a virus attack, intervention by +government authorities, natural disasters, water damage, earthquakes, +fire, explosions, strikes and labor unrest, war, etc. + +11.2 Any failure by either Party, on one or more occasions, to invoke +one or more of the provisions hereof, shall under no circumstances be +interpreted as being a waiver by the interested Party of its right to +invoke said provision(s) subsequently. + +11.3 The Agreement cancels and replaces any or all previous agreements, +whether written or oral, between the Parties and having the same +purpose, and constitutes the entirety of the agreement between said +Parties concerning said purpose. No supplement or modification to the +terms and conditions hereof shall be effective as between the Parties +unless it is made in writing and signed by their duly authorized +representatives. + +11.4 In the event that one or more of the provisions hereof were to +conflict with a current or future applicable act or legislative text, +said act or legislative text shall prevail, and the Parties shall make +the necessary amendments so as to comply with said act or legislative +text. All other provisions shall remain effective. Similarly, invalidity +of a provision of the Agreement, for any reason whatsoever, shall not +cause the Agreement as a whole to be invalid. + 11.5 LANGUAGE -The Agreement is drafted in both French and English and both versions are -deemed authentic. +The Agreement is drafted in both French and English and both versions +are deemed authentic. + + + Article 12 - NEW VERSIONS OF THE AGREEMENT + +12.1 Any person is authorized to duplicate and distribute copies of this +Agreement. - Article 12 - NEW VERSIONS OF THE AGREEMENT +12.2 So as to ensure coherence, the wording of this Agreement is +protected and may only be modified by the authors of the License, who +reserve the right to periodically publish updates or new versions of the +Agreement, each with a separate number. These subsequent versions may +address new issues encountered by Free Software. -12.1 Any person is authorized to duplicate and distribute copies of this Agreement. +12.3 Any Software distributed under a given version of the Agreement may +only be subsequently distributed under the same version of the Agreement +or a subsequent version. -12.2 So as to ensure coherence, the wording of this Agreement is protected -and may only be modified by the authors of the License, who reserve the right -to periodically publish updates or new versions of the Agreement, each with -a separate number. These subsequent versions may address new issues encountered -by Free Software. -12.3 Any Software distributed under a given version of the Agreement may only -be subsequently distributed under the same version of the Agreement or a subsequent -version. + Article 13 - GOVERNING LAW AND JURISDICTION - Article 13 - GOVERNING LAW AND JURISDICTION +13.1 The Agreement is governed by French law. The Parties agree to +endeavor to seek an amicable solution to any disagreements or disputes +that may arise during the performance of the Agreement. -13.1 The Agreement is governed by French law. The Parties agree to endeavor -to seek an amicable solution to any disagreements or disputes that may arise -during the performance of the Agreement. +13.2 Failing an amicable solution within two (2) months as from their +occurrence, and unless emergency proceedings are necessary, the +disagreements or disputes shall be referred to the Paris Courts having +jurisdiction, by the more diligent Party. -13.2 Failing an amicable solution within two (2) months as from their occurrence, -and unless emergency proceedings are necessary, the disagreements or disputes -shall be referred to the Paris Courts having jurisdiction, by the more diligent -Party. -Version 1.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) -L(ibre) +Version 1.0 dated 2006-09-05. |