You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
488 lines
21 KiB
488 lines
21 KiB
FREE SOFTWARE LICENSING AGREEMENT CeCILL Notice
|
|
|
|
This Agreement is a free software license that is the result of discussions
|
|
between its authors in order to ensure compliance with the two main principles
|
|
guiding its drafting:
|
|
|
|
- firstly, its conformity with French law, both as regards the law of torts
|
|
and intellectual property law, and the protection that it offers to authors
|
|
and the holders of economic rights over software.
|
|
|
|
- secondly, compliance with the principles for the distribution of free software:
|
|
access to source codes, extended user-rights.
|
|
|
|
The following bodies are the authors of this license CeCILL (Ce : CEA, C :
|
|
CNRS, I : INRIA, LL : Logiciel Libre):
|
|
|
|
|
|
|
|
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
|
|
industrial establishment, having its principal place of business at 31-33
|
|
rue de la Fédération, 75752 PARIS cedex 15, 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.
|
|
|
|
|
|
|
|
PREAMBLE
|
|
|
|
The purpose of this Free Software Licensing Agreement is to grant users the
|
|
right to modify and redistribute the software governed by this license within
|
|
the framework of an "open source" distribution model.
|
|
|
|
The exercising of these rights is conditional upon certain obligations for
|
|
users so as to ensure that this status is retained for subsequent redistribution
|
|
operations.
|
|
|
|
As a counterpart to the access to the source code and 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, it is brought to the user's attention that the risks associated
|
|
with loading, using, modifying and/or developing or reproducing the software
|
|
by the user given its nature of Free Software, that may mean that it is complicated
|
|
to manipulate, and that also therefore means that it is reserved for developers
|
|
and experienced professionals having in-depth computer knowledge. Users are
|
|
therefore encouraged to load and test the Software's suitability 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 Articles 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 operation thereof to its provisions.
|
|
|
|
Article 1 - DEFINITIONS
|
|
|
|
For the purposes of this Agreement, when the following expressions commence
|
|
with a capital letter, they shall have the following meaning:
|
|
|
|
|
|
|
|
Agreement: means this Licensing Agreement, and any or all of its subsequent
|
|
versions.
|
|
|
|
|
|
|
|
Software: means the software in its Object Code and/or Source Code form and,
|
|
where applicable, its documentation, "as is" at the time when the Licensee
|
|
accepts the Agreement.
|
|
|
|
|
|
|
|
Initial Software: means the Software in its Source Code and/or Object Code
|
|
form and, where applicable, its documentation, "as is" at the time when it
|
|
is distributed for the first time under the terms and conditions of the Agreement.
|
|
|
|
|
|
|
|
Modified Software: means the Software modified by at least one Contribution.
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
Holder: means the holder of the economic rights over the Initial Software.
|
|
|
|
|
|
|
|
Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
|
|
|
|
|
|
|
|
Contributor: means a Licensee having made at least one Contribution.
|
|
|
|
|
|
|
|
Licensor: means the Holder, or any or all other individual or legal entity,
|
|
that distributes the Software under the Agreement.
|
|
|
|
|
|
|
|
Contributions: mean any or all modifications, corrections, translations, adaptations
|
|
and/or new functionalities integrated into the Software by any or all Contributor,
|
|
and the Static Modules.
|
|
|
|
|
|
|
|
Module: means a set of sources files including their documentation that, once
|
|
compiled in executable form, enables supplementary functionalities or services
|
|
to be developed in addition to those offered by the Software.
|
|
|
|
|
|
|
|
Dynamic Module: means any or all module, created by the Contributor, that
|
|
is independent of the Software, so that this module and the Software are in
|
|
two different executable forms that are run in separate address spaces, with
|
|
one calling the other when they are run.
|
|
|
|
|
|
|
|
Static Module: means any or all module, created by the Contributor and connected
|
|
to the Software by a static link that makes their object codes interdependent.
|
|
This module and the Software to which it is connected, are combined in a single
|
|
executable.
|
|
|
|
|
|
|
|
Parties: mean both the Licensee and the Licensor.
|
|
|
|
These expressions may be used both in singular and plural form.
|
|
|
|
Article 2 - PURPOSE
|
|
|
|
The purpose of the Agreement is to enable the Licensor to grant the Licensee
|
|
a free, non-exclusive, transferable and worldwide License for the Software
|
|
as set forth in Article 5 hereinafter for the whole term of protection of
|
|
the rights over said Software.
|
|
|
|
Article 3 - ACCEPTANCE
|
|
|
|
3.1. The Licensee shall be deemed as having accepted the terms and conditions
|
|
of this Agreement by the occurrence of the first of the following events:
|
|
|
|
(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 specific
|
|
nature of the Software, to the limited warranty, and to the limitation to
|
|
use by 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 is aware thereof.
|
|
|
|
Article 4 - EFFECTIVE DATE AND TERM
|
|
|
|
4.1. EFFECTIVE DATE
|
|
|
|
The Agreement shall become effective on the date when it is accepted by the
|
|
Licensee as set forth in Article 3.1.
|
|
|
|
4.2. TERM
|
|
|
|
The Agreement shall remain in force during the whole legal term of protection
|
|
of the economic rights over the Software.
|
|
|
|
Article 5 - SCOPE OF THE RIGHTS GRANTED ---------------------------------------
|
|
|
|
The Licensor hereby grants to the Licensee, that accepts such, the following
|
|
rights as regards 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.
|
|
|
|
Otherwise, the Licensor grants to the Licensee free of charge exploitation
|
|
rights on the patents he holds on whole or part of the inventions implemented
|
|
in the Software.
|
|
|
|
5.1. RIGHTS OF USE
|
|
|
|
The Licensee is authorized to use the Software, unrestrictedly, as regards
|
|
the fields of application, with it being hereinafter specified that this relates
|
|
to:
|
|
|
|
1. permanent or temporary reproduction of all or part of the Software by any
|
|
or all means and in any or all form.
|
|
|
|
2. loading, displaying, running, or storing the Software on any or all medium.
|
|
|
|
3. entitlement to observe, study or test the operation thereof so as to establish
|
|
the ideas and principles that form the basis for 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.
|
|
|
|
5.2. ENTITLEMENT TO MAKE CONTRIBUTIONS
|
|
|
|
The right to make Contributions includes the right to translate, adapt, arrange,
|
|
or make any or all modification to the Software, and the right to reproduce
|
|
the resulting Software.
|
|
|
|
The Licensee is authorized to make any or all Contribution to the Software
|
|
provided that it explicitly mentions its name as the author of said Contribution
|
|
and the date of the development thereof.
|
|
|
|
5.3. DISTRIBUTION AND PUBLICATION RIGHTS
|
|
|
|
In particular, the right of distribution and publication includes the right
|
|
to 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, a copy or copies of the Software by means of
|
|
any or all process. The Licensee is further authorized to redistribute copies
|
|
of the modified or unmodified Software to third parties according to the terms
|
|
and conditions set forth hereinafter.
|
|
|
|
5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
|
|
|
|
The Licensee is authorized to redistribute true copies of the Software in
|
|
Source Code or Object Code form, provided that said redistribution complies
|
|
with all the provisions of the Agreement and is accompanied by:
|
|
|
|
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,
|
|
|
|
and that, in the event that only the Software's Object Code is redistributed,
|
|
the Licensee allows future Licensees unhindered access to the Software's full
|
|
Source Code by providing them with the terms and conditions for access thereto,
|
|
it being understood that the additional cost of acquiring the Source Code
|
|
shall not exceed the cost of transferring the data.
|
|
|
|
5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
|
|
|
|
When the Licensee makes a Contribution to the Software, the terms and conditions
|
|
for the redistribution of the Modified Software shall then be subject to all
|
|
the provisions hereof.
|
|
|
|
The Licensee is authorized to redistribute the Modified Software, in Source
|
|
Code or Object Code form, provided that said redistribution complies with
|
|
all the provisions of the Agreement and is accompanied by:
|
|
|
|
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,
|
|
|
|
and that, in the event that only the Modified Software's Object Code is redistributed,
|
|
the Licensee allows future Licensees unhindered access to the Modified Software's
|
|
full Source Code by providing them with the terms and conditions for access
|
|
thereto, it being understood that the additional cost of acquiring the Source
|
|
Code shall not exceed the cost of transferring the data.
|
|
|
|
5.3.3. REDISTRIBUTION OF DYNAMIC MODULES
|
|
|
|
When the Licensee has developed a Dynamic Module, the terms and conditions
|
|
hereof do not apply to said Dynamic Module, that may be distributed under
|
|
a separate Licensing Agreement.
|
|
|
|
5.3.4. COMPATIBILITY WITH THE GPL LICENSE
|
|
|
|
In the event that the Modified or unmodified Software is included in a code
|
|
that is subject to the provisions of the GPL License, the Licensee is authorized
|
|
to redistribute the whole under the GPL License.
|
|
|
|
In the event that the Modified Software includes a code that is subject to
|
|
the provisions of the GPL License, the Licensee is authorized to redistribute
|
|
the Modified Software under the GPL License.
|
|
|
|
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 and it shall have sole entitlement to modify the terms and
|
|
conditions for the distribution of said Initial Software.
|
|
|
|
The Holder undertakes to maintain the distribution of the Initial Software
|
|
under the conditions of the Agreement, for the duration set forth in article
|
|
4.2..
|
|
|
|
6.2. OVER THE CONTRIBUTIONS
|
|
|
|
The intellectual property rights over the Contributions belong to the holder
|
|
of the economic rights as designated by effective legislation.
|
|
|
|
6.3. OVER THE DYNAMIC MODULES
|
|
|
|
The Licensee having developed a Dynamic Module is the holder of the intellectual
|
|
property rights over said Dynamic Module and is free to choose the agreement
|
|
that shall govern its distribution.
|
|
|
|
6.4. JOINT PROVISIONS
|
|
|
|
|
|
|
|
6.4.1. The Licensee expressly undertakes:
|
|
|
|
1. not to remove, or modify, in any or all manner, the intellectual property
|
|
notices affixed to the Software;
|
|
|
|
2. to reproduce said notices, in an identical manner, in the copies of the
|
|
Software.
|
|
|
|
|
|
|
|
6.4.2. The Licensee undertakes not to directly or indirectly infringe the
|
|
intellectual property rights of the Holder and/or Contributors and to take,
|
|
where applicable, vis-à-vis its staff, any or all measures required to ensure
|
|
respect for 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 service. The terms
|
|
and conditions of such technical assistance, and/or such maintenance, shall
|
|
then 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 or all Licensor shall be entitled to offer to its Licensees,
|
|
under its own 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 shall decide upon itself. Said warranty,
|
|
and the financial terms and conditions of its application, shall be subject
|
|
to a separate instrument executed between the Licensor and the Licensee.
|
|
|
|
Article 8 - LIABILITY
|
|
|
|
8.1. Subject to the provisions of Article 8.2, should the Licensor fail to
|
|
fulfill all or part of its obligations hereunder, the Licensee shall be entitled
|
|
to claim compensation for the direct loss suffered as a result of a fault
|
|
on the part of the Licensor, subject to providing evidence of it.
|
|
|
|
8.2. The Licensor's liability is limited to the commitments made under this
|
|
Licensing Agreement and shall not be incurred as a result , in particular:
|
|
(i) of loss due the Licensee's total or partial failure to fulfill its obligations,
|
|
(ii) direct or consequential loss due to the Software's use or performance
|
|
that is suffered by the Licensee, when the latter is a professional using
|
|
said Software for professional purposes and (iii) consequential loss due to
|
|
the Software's use or performance. 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 current situation as regards scientific
|
|
and technical know-how at the time when the Software was distributed did not
|
|
enable all possible uses to be tested and verified, nor for the presence of
|
|
any or all faults 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 that are reserved for experienced
|
|
users.
|
|
|
|
The Licensee shall be responsible for verifying, by any or all means, the
|
|
product's suitability for its requirements, its due and proper functioning,
|
|
and for ensuring that it shall not cause damage to either persons or property.
|
|
|
|
9.2. The Licensor hereby represents, in good faith, that it is entitled to
|
|
grant all the rights on the Software (including in particular the rights set
|
|
forth in Article 5 hereof over the Software).
|
|
|
|
9.3. The Licensee acknowledges that the Software is supplied "as is" by the
|
|
Licensor without any or all other express or tacit warranty, other than that
|
|
provided for in Article 9.2 and, in particular, without any or all warranty
|
|
as to its market value, its secured, innovative or relevant nature.
|
|
|
|
Specifically, the Licensor does not warrant that the Software is free from
|
|
any or all error, that it shall operate continuously, that it shall be compatible
|
|
with the Licensee's own equipment and its software configuration, nor that
|
|
it shall meet the Licensee's requirements.
|
|
|
|
9.4. The Licensor does not either expressly or tacitly warrant that the Software
|
|
does not infringe any or all third party intellectual right relating to a
|
|
patent, software or to any or all other property right. Moreover, the Licensor
|
|
shall not hold the Licensee harmless against 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 upon
|
|
on a case-by-case basis between the relevant Licensor and the Licensee pursuant
|
|
to a memorandum of understanding. The Licensor disclaims any or all liability
|
|
as regards the Licensee's use of the Software's name. No warranty shall be
|
|
provided as regards the existence of prior rights over the name of the Software
|
|
and 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. The Licensee whose Agreement is terminated shall no longer be authorized
|
|
to use, modify or distribute the Software. However, any or all 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 PROVISIONS
|
|
|
|
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, notably, defective functioning, or interruptions
|
|
affecting the electricity or telecommunications networks, blocking of the
|
|
network following a virus attack, the intervention of the government authorities,
|
|
natural disasters, water damage, earthquakes, fire, explosions, strikes and
|
|
labor unrest, war, etc.
|
|
|
|
11.2. The fact that either Party may fail, on one or several occasions, to
|
|
invoke one or several of the provisions hereof, shall under no circumstances
|
|
be interpreted as being a waiver by the interested Party of its entitlement
|
|
to invoke said provision(s) subsequently.
|
|
|
|
11.3. The Agreement cancels and replaces any or all previous agreement, 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 regards the Parties unless it is made in writing and signed by
|
|
their duly authorized representatives.
|
|
|
|
11.4. In the event that one or several of the provisions hereof were to conflict
|
|
with a current or future applicable act or legislative text, said act or legislative
|
|
text shall take precedence, and the Parties shall make the necessary amendments
|
|
so as to be in compliance with said act or legislative text. All the other
|
|
provisions shall remain effective. Similarly, the fact that a provision of
|
|
the Agreement may be null and void, for any reason whatsoever, shall not cause
|
|
the Agreement as a whole to be null and void.
|
|
|
|
11.5. LANGUAGE
|
|
|
|
The Agreement is drafted in both French and English. In the event of a conflict
|
|
as regards construction, the French version shall be deemed authentic.
|
|
|
|
Article 12 - NEW VERSIONS OF THE AGREEMENT
|
|
|
|
12.1. Any or all person is authorized to duplicate and distribute copies of
|
|
this 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, that 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 or all 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, subject to the provisions of article 5.3.4.
|
|
|
|
Article 13 - GOVERNING LAW AND JURISDICTION
|
|
|
|
13.1. The Agreement is governed by French law. The Parties agree to endeavor
|
|
to settle the disagreements or disputes that may arise during the performance
|
|
of the Agreement out-of-court.
|
|
|
|
13.2. In the absence of an out-of-court settlement 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 first Party to take action.
|
|
|
|
Version 1.1 of 10/26/2004
|