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treeeb0c5de3c7841c207c9bc86d54483b20bf4edc95 /options/license/CECILL-B
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-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.