Mon, 03 Aug 2009 14:09:20 +0100
added P-touch decoder source
philpem@5 | 1 | This package was debianized by François-Xavier Dupé <fdupe@greyc.ensicaen.fr> on |
philpem@5 | 2 | Tue, 18 Apr 2007. |
philpem@5 | 3 | |
philpem@5 | 4 | It was downloaded from http://cimg.sourceforge.net/ |
philpem@5 | 5 | |
philpem@5 | 6 | Upstream Author: David Tschumperlé <http://www.greyc.ensicaen.fr/~dtschump/> |
philpem@5 | 7 | |
philpem@5 | 8 | Copyright (c) David Tschumperlé |
philpem@5 | 9 | |
philpem@5 | 10 | The CImg Library is distributed under two distinct licenses : the library core itself is governed by |
philpem@5 | 11 | the CeCILL-C License (LGPL-like), while all other files of the package are distributed under the CeCILL |
philpem@5 | 12 | License (GPL-compatible). Both are open source licenses, the CeCILL-C being less restrictive than the |
philpem@5 | 13 | CeCILL one. |
philpem@5 | 14 | The CImg Library source code has been registered to the APP (French Agency for the Protection of Programs) |
philpem@5 | 15 | by the INRIA, under registration number IDDN.FR.001.040004.000.S.P.2004.000.21000. |
philpem@5 | 16 | |
philpem@5 | 17 | For more information GPL and LGPL can be found in the repertory |
philpem@5 | 18 | can be found in the file `/usr/share/common-licenses' on Debian systems. |
philpem@5 | 19 | |
philpem@5 | 20 | CeCill License: |
philpem@5 | 21 | |
philpem@5 | 22 | CeCILL FREE SOFTWARE LICENSE AGREEMENT |
philpem@5 | 23 | |
philpem@5 | 24 | |
philpem@5 | 25 | Notice |
philpem@5 | 26 | |
philpem@5 | 27 | This Agreement is a Free Software license agreement that is the result |
philpem@5 | 28 | of discussions between its authors in order to ensure compliance with |
philpem@5 | 29 | the two main principles guiding its drafting: |
philpem@5 | 30 | |
philpem@5 | 31 | * firstly, compliance with the principles governing the distribution |
philpem@5 | 32 | of Free Software: access to source code, broad rights granted to |
philpem@5 | 33 | users, |
philpem@5 | 34 | * secondly, the election of a governing law, French law, with which |
philpem@5 | 35 | it is conformant, both as regards the law of torts and |
philpem@5 | 36 | intellectual property law, and the protection that it offers to |
philpem@5 | 37 | both authors and holders of the economic rights over software. |
philpem@5 | 38 | |
philpem@5 | 39 | The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre]) |
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philpem@5 | 41 | |
philpem@5 | 42 | Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
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philpem@5 | 55 | |
philpem@5 | 56 | Preamble |
philpem@5 | 57 | |
philpem@5 | 58 | The purpose of this Free Software license agreement is to grant users |
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philpem@5 | 111 | Holder: means the holder(s) of the economic rights over the Initial |
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philpem@5 | 116 | Contributor: means a Licensee having made at least one Contribution. |
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philpem@5 | 118 | Licensor: means the Holder, or any other individual or legal entity, who |
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philpem@5 | 121 | Contribution: means any or all modifications, corrections, translations, |
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philpem@5 | 125 | Module: means a set of sources files including their documentation that |
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philpem@5 | 136 | GNU GPL: means the GNU General Public License version 2 or any |
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philpem@5 | 139 | Parties: mean both the Licensee and the Licensor. |
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philpem@5 | 144 | Article 2 - PURPOSE |
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philpem@5 | 146 | The purpose of the Agreement is the grant by the Licensor to the |
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philpem@5 | 151 | |
philpem@5 | 152 | Article 3 - ACCEPTANCE |
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philpem@5 | 154 | 3.1 The Licensee shall be deemed as having accepted the terms and |
philpem@5 | 155 | conditions of this Agreement upon the occurrence of the first of the |
philpem@5 | 156 | following events: |
philpem@5 | 157 | |
philpem@5 | 158 | * (i) loading the Software by any or all means, notably, by |
philpem@5 | 159 | downloading from a remote server, or by loading from a physical |
philpem@5 | 160 | medium; |
philpem@5 | 161 | * (ii) the first time the Licensee exercises any of the rights |
philpem@5 | 162 | granted hereunder. |
philpem@5 | 163 | |
philpem@5 | 164 | 3.2 One copy of the Agreement, containing a notice relating to the |
philpem@5 | 165 | characteristics of the Software, to the limited warranty, and to the |
philpem@5 | 166 | fact that its use is restricted to experienced users has been provided |
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philpem@5 | 170 | |
philpem@5 | 171 | |
philpem@5 | 172 | Article 4 - EFFECTIVE DATE AND TERM |
philpem@5 | 173 | |
philpem@5 | 174 | |
philpem@5 | 175 | 4.1 EFFECTIVE DATE |
philpem@5 | 176 | |
philpem@5 | 177 | The Agreement shall become effective on the date when it is accepted by |
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philpem@5 | 179 | |
philpem@5 | 180 | |
philpem@5 | 181 | 4.2 TERM |
philpem@5 | 182 | |
philpem@5 | 183 | The Agreement shall remain in force for the entire legal term of |
philpem@5 | 184 | protection of the economic rights over the Software. |
philpem@5 | 185 | |
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philpem@5 | 187 | Article 5 - SCOPE OF RIGHTS GRANTED |
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philpem@5 | 189 | The Licensor hereby grants to the Licensee, who accepts, the following |
philpem@5 | 190 | rights over the Software for any or all use, and for the term of the |
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philpem@5 | 193 | Besides, if the Licensor owns or comes to own one or more patents |
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philpem@5 | 197 | modifying the Software. If these patents are transferred, the Licensor |
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philpem@5 | 199 | forth in this paragraph. |
philpem@5 | 200 | |
philpem@5 | 201 | |
philpem@5 | 202 | 5.1 RIGHT OF USE |
philpem@5 | 203 | |
philpem@5 | 204 | The Licensee is authorized to use the Software, without any limitation |
philpem@5 | 205 | as to its fields of application, with it being hereinafter specified |
philpem@5 | 206 | that this comprises: |
philpem@5 | 207 | |
philpem@5 | 208 | 1. permanent or temporary reproduction of all or part of the Software |
philpem@5 | 209 | by any or all means and in any or all form. |
philpem@5 | 210 | |
philpem@5 | 211 | 2. loading, displaying, running, or storing the Software on any or |
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philpem@5 | 213 | |
philpem@5 | 214 | 3. entitlement to observe, study or test its operation so as to |
philpem@5 | 215 | determine the ideas and principles behind any or all constituent |
philpem@5 | 216 | elements of said Software. This shall apply when the Licensee |
philpem@5 | 217 | carries out any or all loading, displaying, running, transmission |
philpem@5 | 218 | or storage operation as regards the Software, that it is entitled |
philpem@5 | 219 | to carry out hereunder. |
philpem@5 | 220 | |
philpem@5 | 221 | |
philpem@5 | 222 | 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
philpem@5 | 223 | |
philpem@5 | 224 | The right to make Contributions includes the right to translate, adapt, |
philpem@5 | 225 | arrange, or make any or all modifications to the Software, and the right |
philpem@5 | 226 | to reproduce the resulting software. |
philpem@5 | 227 | |
philpem@5 | 228 | The Licensee is authorized to make any or all Contributions to the |
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philpem@5 | 230 | author of said Contribution and indicates the date of the creation thereof. |
philpem@5 | 231 | |
philpem@5 | 232 | |
philpem@5 | 233 | 5.3 RIGHT OF DISTRIBUTION |
philpem@5 | 234 | |
philpem@5 | 235 | In particular, the right of distribution includes the right to publish, |
philpem@5 | 236 | transmit and communicate the Software to the general public on any or |
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philpem@5 | 239 | Software by any means. |
philpem@5 | 240 | |
philpem@5 | 241 | The Licensee is further authorized to distribute copies of the modified |
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philpem@5 | 243 | conditions set forth hereinafter. |
philpem@5 | 244 | |
philpem@5 | 245 | |
philpem@5 | 246 | 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
philpem@5 | 247 | |
philpem@5 | 248 | The Licensee is authorized to distribute true copies of the Software in |
philpem@5 | 249 | Source Code or Object Code form, provided that said distribution |
philpem@5 | 250 | complies with all the provisions of the Agreement and is accompanied by: |
philpem@5 | 251 | |
philpem@5 | 252 | 1. a copy of the Agreement, |
philpem@5 | 253 | |
philpem@5 | 254 | 2. a notice relating to the limitation of both the Licensor's |
philpem@5 | 255 | warranty and liability as set forth in Articles 8 and 9, |
philpem@5 | 256 | |
philpem@5 | 257 | and that, in the event that only the Object Code of the Software is |
philpem@5 | 258 | redistributed, the Licensee allows future Licensees unhindered access to |
philpem@5 | 259 | the full Source Code of the Software by indicating how to access it, it |
philpem@5 | 260 | being understood that the additional cost of acquiring the Source Code |
philpem@5 | 261 | shall not exceed the cost of transferring the data. |
philpem@5 | 262 | |
philpem@5 | 263 | |
philpem@5 | 264 | 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
philpem@5 | 265 | |
philpem@5 | 266 | When the Licensee makes a Contribution to the Software, the terms and |
philpem@5 | 267 | conditions for the distribution of the resulting Modified Software |
philpem@5 | 268 | become subject to all the provisions of this Agreement. |
philpem@5 | 269 | |
philpem@5 | 270 | The Licensee is authorized to distribute the Modified Software, in |
philpem@5 | 271 | source code or object code form, provided that said distribution |
philpem@5 | 272 | complies with all the provisions of the Agreement and is accompanied by: |
philpem@5 | 273 | |
philpem@5 | 274 | 1. a copy of the Agreement, |
philpem@5 | 275 | |
philpem@5 | 276 | 2. a notice relating to the limitation of both the Licensor's |
philpem@5 | 277 | warranty and liability as set forth in Articles 8 and 9, |
philpem@5 | 278 | |
philpem@5 | 279 | and that, in the event that only the Object Code of the Modified |
philpem@5 | 280 | Software is redistributed, the Licensee allows future Licensees |
philpem@5 | 281 | unhindered access to the full source code of the Modified Software by |
philpem@5 | 282 | indicating how to access it, it being understood that the additional |
philpem@5 | 283 | cost of acquiring the source code shall not exceed the cost of |
philpem@5 | 284 | transferring the data. |
philpem@5 | 285 | |
philpem@5 | 286 | |
philpem@5 | 287 | 5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
philpem@5 | 288 | |
philpem@5 | 289 | When the Licensee has developed an External Module, the terms and |
philpem@5 | 290 | conditions of this Agreement do not apply to said External Module, that |
philpem@5 | 291 | may be distributed under a separate license agreement. |
philpem@5 | 292 | |
philpem@5 | 293 | |
philpem@5 | 294 | 5.3.4 COMPATIBILITY WITH THE GNU GPL |
philpem@5 | 295 | |
philpem@5 | 296 | The Licensee can include a code that is subject to the provisions of one |
philpem@5 | 297 | of the versions of the GNU GPL in the Modified or unmodified Software, |
philpem@5 | 298 | and distribute that entire code under the terms of the same version of |
philpem@5 | 299 | the GNU GPL. |
philpem@5 | 300 | |
philpem@5 | 301 | The Licensee can include the Modified or unmodified Software in a code |
philpem@5 | 302 | that is subject to the provisions of one of the versions of the GNU GPL, |
philpem@5 | 303 | and distribute that entire code under the terms of the same version of |
philpem@5 | 304 | the GNU GPL. |
philpem@5 | 305 | |
philpem@5 | 306 | |
philpem@5 | 307 | Article 6 - INTELLECTUAL PROPERTY |
philpem@5 | 308 | |
philpem@5 | 309 | |
philpem@5 | 310 | 6.1 OVER THE INITIAL SOFTWARE |
philpem@5 | 311 | |
philpem@5 | 312 | The Holder owns the economic rights over the Initial Software. Any or |
philpem@5 | 313 | all use of the Initial Software is subject to compliance with the terms |
philpem@5 | 314 | and conditions under which the Holder has elected to distribute its work |
philpem@5 | 315 | and no one shall be entitled to modify the terms and conditions for the |
philpem@5 | 316 | distribution of said Initial Software. |
philpem@5 | 317 | |
philpem@5 | 318 | The Holder undertakes that the Initial Software will remain ruled at |
philpem@5 | 319 | least by the current license, for the duration set forth in Article 4.2. |
philpem@5 | 320 | |
philpem@5 | 321 | |
philpem@5 | 322 | 6.2 OVER THE CONTRIBUTIONS |
philpem@5 | 323 | |
philpem@5 | 324 | A Licensee who develops a Contribution is the owner of the intellectual |
philpem@5 | 325 | property rights over this Contribution as defined by applicable law. |
philpem@5 | 326 | |
philpem@5 | 327 | |
philpem@5 | 328 | 6.3 OVER THE EXTERNAL MODULES |
philpem@5 | 329 | |
philpem@5 | 330 | A Licensee who develops an External Module is the owner of the |
philpem@5 | 331 | intellectual property rights over this External Module as defined by |
philpem@5 | 332 | applicable law and is free to choose the type of agreement that shall |
philpem@5 | 333 | govern its distribution. |
philpem@5 | 334 | |
philpem@5 | 335 | |
philpem@5 | 336 | 6.4 JOINT PROVISIONS |
philpem@5 | 337 | |
philpem@5 | 338 | The Licensee expressly undertakes: |
philpem@5 | 339 | |
philpem@5 | 340 | 1. not to remove, or modify, in any manner, the intellectual property |
philpem@5 | 341 | notices attached to the Software; |
philpem@5 | 342 | |
philpem@5 | 343 | 2. to reproduce said notices, in an identical manner, in the copies |
philpem@5 | 344 | of the Software modified or not. |
philpem@5 | 345 | |
philpem@5 | 346 | The Licensee undertakes not to directly or indirectly infringe the |
philpem@5 | 347 | intellectual property rights of the Holder and/or Contributors on the |
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philpem@5 | 350 | of the Holder and/or Contributors. |
philpem@5 | 351 | |
philpem@5 | 352 | |
philpem@5 | 353 | Article 7 - RELATED SERVICES |
philpem@5 | 354 | |
philpem@5 | 355 | 7.1 Under no circumstances shall the Agreement oblige the Licensor to |
philpem@5 | 356 | provide technical assistance or maintenance services for the Software. |
philpem@5 | 357 | |
philpem@5 | 358 | However, the Licensor is entitled to offer this type of services. The |
philpem@5 | 359 | terms and conditions of such technical assistance, and/or such |
philpem@5 | 360 | maintenance, shall be set forth in a separate instrument. Only the |
philpem@5 | 361 | Licensor offering said maintenance and/or technical assistance services |
philpem@5 | 362 | shall incur liability therefor. |
philpem@5 | 363 | |
philpem@5 | 364 | 7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
philpem@5 | 365 | its sole responsibility, a warranty, that shall only be binding upon |
philpem@5 | 366 | itself, for the redistribution of the Software and/or the Modified |
philpem@5 | 367 | Software, under terms and conditions that it is free to decide. Said |
philpem@5 | 368 | warranty, and the financial terms and conditions of its application, |
philpem@5 | 369 | shall be subject of a separate instrument executed between the Licensor |
philpem@5 | 370 | and the Licensee. |
philpem@5 | 371 | |
philpem@5 | 372 | |
philpem@5 | 373 | Article 8 - LIABILITY |
philpem@5 | 374 | |
philpem@5 | 375 | 8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
philpem@5 | 376 | entitled to claim compensation for any direct loss it may have suffered |
philpem@5 | 377 | from the Software as a result of a fault on the part of the relevant |
philpem@5 | 378 | Licensor, subject to providing evidence thereof. |
philpem@5 | 379 | |
philpem@5 | 380 | 8.2 The Licensor's liability is limited to the commitments made under |
philpem@5 | 381 | this Agreement and shall not be incurred as a result of in particular: |
philpem@5 | 382 | (i) loss due the Licensee's total or partial failure to fulfill its |
philpem@5 | 383 | obligations, (ii) direct or consequential loss that is suffered by the |
philpem@5 | 384 | Licensee due to the use or performance of the Software, and (iii) more |
philpem@5 | 385 | generally, any consequential loss. In particular the Parties expressly |
philpem@5 | 386 | agree that any or all pecuniary or business loss (i.e. loss of data, |
philpem@5 | 387 | loss of profits, operating loss, loss of customers or orders, |
philpem@5 | 388 | opportunity cost, any disturbance to business activities) or any or all |
philpem@5 | 389 | legal proceedings instituted against the Licensee by a third party, |
philpem@5 | 390 | shall constitute consequential loss and shall not provide entitlement to |
philpem@5 | 391 | any or all compensation from the Licensor. |
philpem@5 | 392 | |
philpem@5 | 393 | |
philpem@5 | 394 | Article 9 - WARRANTY |
philpem@5 | 395 | |
philpem@5 | 396 | 9.1 The Licensee acknowledges that the scientific and technical |
philpem@5 | 397 | state-of-the-art when the Software was distributed did not enable all |
philpem@5 | 398 | possible uses to be tested and verified, nor for the presence of |
philpem@5 | 399 | possible defects to be detected. In this respect, the Licensee's |
philpem@5 | 400 | attention has been drawn to the risks associated with loading, using, |
philpem@5 | 401 | modifying and/or developing and reproducing the Software which are |
philpem@5 | 402 | reserved for experienced users. |
philpem@5 | 403 | |
philpem@5 | 404 | The Licensee shall be responsible for verifying, by any or all means, |
philpem@5 | 405 | the suitability of the product for its requirements, its good working order, |
philpem@5 | 406 | and for ensuring that it shall not cause damage to either persons or |
philpem@5 | 407 | properties. |
philpem@5 | 408 | |
philpem@5 | 409 | 9.2 The Licensor hereby represents, in good faith, that it is entitled |
philpem@5 | 410 | to grant all the rights over the Software (including in particular the |
philpem@5 | 411 | rights set forth in Article 5). |
philpem@5 | 412 | |
philpem@5 | 413 | 9.3 The Licensee acknowledges that the Software is supplied "as is" by |
philpem@5 | 414 | the Licensor without any other express or tacit warranty, other than |
philpem@5 | 415 | that provided for in Article 9.2 and, in particular, without any warranty |
philpem@5 | 416 | as to its commercial value, its secured, safe, innovative or relevant |
philpem@5 | 417 | nature. |
philpem@5 | 418 | |
philpem@5 | 419 | Specifically, the Licensor does not warrant that the Software is free |
philpem@5 | 420 | from any error, that it will operate without interruption, that it will |
philpem@5 | 421 | be compatible with the Licensee's own equipment and software |
philpem@5 | 422 | configuration, nor that it will meet the Licensee's requirements. |
philpem@5 | 423 | |
philpem@5 | 424 | 9.4 The Licensor does not either expressly or tacitly warrant that the |
philpem@5 | 425 | Software does not infringe any third party intellectual property right |
philpem@5 | 426 | relating to a patent, software or any other property right. Therefore, |
philpem@5 | 427 | the Licensor disclaims any and all liability towards the Licensee |
philpem@5 | 428 | arising out of any or all proceedings for infringement that may be |
philpem@5 | 429 | instituted in respect of the use, modification and redistribution of the |
philpem@5 | 430 | Software. Nevertheless, should such proceedings be instituted against |
philpem@5 | 431 | the Licensee, the Licensor shall provide it with technical and legal |
philpem@5 | 432 | assistance for its defense. Such technical and legal assistance shall be |
philpem@5 | 433 | decided on a case-by-case basis between the relevant Licensor and the |
philpem@5 | 434 | Licensee pursuant to a memorandum of understanding. The Licensor |
philpem@5 | 435 | disclaims any and all liability as regards the Licensee's use of the |
philpem@5 | 436 | name of the Software. No warranty is given as regards the existence of |
philpem@5 | 437 | prior rights over the name of the Software or as regards the existence |
philpem@5 | 438 | of a trademark. |
philpem@5 | 439 | |
philpem@5 | 440 | |
philpem@5 | 441 | Article 10 - TERMINATION |
philpem@5 | 442 | |
philpem@5 | 443 | 10.1 In the event of a breach by the Licensee of its obligations |
philpem@5 | 444 | hereunder, the Licensor may automatically terminate this Agreement |
philpem@5 | 445 | thirty (30) days after notice has been sent to the Licensee and has |
philpem@5 | 446 | remained ineffective. |
philpem@5 | 447 | |
philpem@5 | 448 | 10.2 A Licensee whose Agreement is terminated shall no longer be |
philpem@5 | 449 | authorized to use, modify or distribute the Software. However, any |
philpem@5 | 450 | licenses that it may have granted prior to termination of the Agreement |
philpem@5 | 451 | shall remain valid subject to their having been granted in compliance |
philpem@5 | 452 | with the terms and conditions hereof. |
philpem@5 | 453 | |
philpem@5 | 454 | |
philpem@5 | 455 | Article 11 - MISCELLANEOUS |
philpem@5 | 456 | |
philpem@5 | 457 | |
philpem@5 | 458 | 11.1 EXCUSABLE EVENTS |
philpem@5 | 459 | |
philpem@5 | 460 | Neither Party shall be liable for any or all delay, or failure to |
philpem@5 | 461 | perform the Agreement, that may be attributable to an event of force |
philpem@5 | 462 | majeure, an act of God or an outside cause, such as defective |
philpem@5 | 463 | functioning or interruptions of the electricity or telecommunications |
philpem@5 | 464 | networks, network paralysis following a virus attack, intervention by |
philpem@5 | 465 | government authorities, natural disasters, water damage, earthquakes, |
philpem@5 | 466 | fire, explosions, strikes and labor unrest, war, etc. |
philpem@5 | 467 | |
philpem@5 | 468 | 11.2 Any failure by either Party, on one or more occasions, to invoke |
philpem@5 | 469 | one or more of the provisions hereof, shall under no circumstances be |
philpem@5 | 470 | interpreted as being a waiver by the interested Party of its right to |
philpem@5 | 471 | invoke said provision(s) subsequently. |
philpem@5 | 472 | |
philpem@5 | 473 | 11.3 The Agreement cancels and replaces any or all previous agreements, |
philpem@5 | 474 | whether written or oral, between the Parties and having the same |
philpem@5 | 475 | purpose, and constitutes the entirety of the agreement between said |
philpem@5 | 476 | Parties concerning said purpose. No supplement or modification to the |
philpem@5 | 477 | terms and conditions hereof shall be effective as between the Parties |
philpem@5 | 478 | unless it is made in writing and signed by their duly authorized |
philpem@5 | 479 | representatives. |
philpem@5 | 480 | |
philpem@5 | 481 | 11.4 In the event that one or more of the provisions hereof were to |
philpem@5 | 482 | conflict with a current or future applicable act or legislative text, |
philpem@5 | 483 | said act or legislative text shall prevail, and the Parties shall make |
philpem@5 | 484 | the necessary amendments so as to comply with said act or legislative |
philpem@5 | 485 | text. All other provisions shall remain effective. Similarly, invalidity |
philpem@5 | 486 | of a provision of the Agreement, for any reason whatsoever, shall not |
philpem@5 | 487 | cause the Agreement as a whole to be invalid. |
philpem@5 | 488 | |
philpem@5 | 489 | |
philpem@5 | 490 | 11.5 LANGUAGE |
philpem@5 | 491 | |
philpem@5 | 492 | The Agreement is drafted in both French and English and both versions |
philpem@5 | 493 | are deemed authentic. |
philpem@5 | 494 | |
philpem@5 | 495 | |
philpem@5 | 496 | Article 12 - NEW VERSIONS OF THE AGREEMENT |
philpem@5 | 497 | |
philpem@5 | 498 | 12.1 Any person is authorized to duplicate and distribute copies of this |
philpem@5 | 499 | Agreement. |
philpem@5 | 500 | |
philpem@5 | 501 | 12.2 So as to ensure coherence, the wording of this Agreement is |
philpem@5 | 502 | protected and may only be modified by the authors of the License, who |
philpem@5 | 503 | reserve the right to periodically publish updates or new versions of the |
philpem@5 | 504 | Agreement, each with a separate number. These subsequent versions may |
philpem@5 | 505 | address new issues encountered by Free Software. |
philpem@5 | 506 | |
philpem@5 | 507 | 12.3 Any Software distributed under a given version of the Agreement may |
philpem@5 | 508 | only be subsequently distributed under the same version of the Agreement |
philpem@5 | 509 | or a subsequent version, subject to the provisions of Article 5.3.4. |
philpem@5 | 510 | |
philpem@5 | 511 | |
philpem@5 | 512 | Article 13 - GOVERNING LAW AND JURISDICTION |
philpem@5 | 513 | |
philpem@5 | 514 | 13.1 The Agreement is governed by French law. The Parties agree to |
philpem@5 | 515 | endeavor to seek an amicable solution to any disagreements or disputes |
philpem@5 | 516 | that may arise during the performance of the Agreement. |
philpem@5 | 517 | |
philpem@5 | 518 | 13.2 Failing an amicable solution within two (2) months as from their |
philpem@5 | 519 | occurrence, and unless emergency proceedings are necessary, the |
philpem@5 | 520 | disagreements or disputes shall be referred to the Paris Courts having |
philpem@5 | 521 | jurisdiction, by the more diligent Party. |
philpem@5 | 522 | |
philpem@5 | 523 | |
philpem@5 | 524 | Version 2.0 dated 2006-07-12. |
philpem@5 | 525 | |
philpem@5 | 526 | CeCill-C license: |
philpem@5 | 527 | |
philpem@5 | 528 | |
philpem@5 | 529 | CeCILL-C FREE SOFTWARE LICENSE AGREEMENT |
philpem@5 | 530 | |
philpem@5 | 531 | |
philpem@5 | 532 | Notice |
philpem@5 | 533 | |
philpem@5 | 534 | This Agreement is a Free Software license agreement that is the result |
philpem@5 | 535 | of discussions between its authors in order to ensure compliance with |
philpem@5 | 536 | the two main principles guiding its drafting: |
philpem@5 | 537 | |
philpem@5 | 538 | * firstly, compliance with the principles governing the distribution |
philpem@5 | 539 | of Free Software: access to source code, broad rights granted to |
philpem@5 | 540 | users, |
philpem@5 | 541 | * secondly, the election of a governing law, French law, with which |
philpem@5 | 542 | it is conformant, both as regards the law of torts and |
philpem@5 | 543 | intellectual property law, and the protection that it offers to |
philpem@5 | 544 | both authors and holders of the economic rights over software. |
philpem@5 | 545 | |
philpem@5 | 546 | The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre]) |
philpem@5 | 547 | license are: |
philpem@5 | 548 | |
philpem@5 | 549 | Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
philpem@5 | 550 | and industrial research establishment, having its principal place of |
philpem@5 | 551 | business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
philpem@5 | 552 | |
philpem@5 | 553 | Centre National de la Recherche Scientifique - CNRS, a public scientific |
philpem@5 | 554 | and technological establishment, having its principal place of business |
philpem@5 | 555 | at 3 rue Michel-Ange, 75794 Paris cedex 16, France. |
philpem@5 | 556 | |
philpem@5 | 557 | Institut National de Recherche en Informatique et en Automatique - |
philpem@5 | 558 | INRIA, a public scientific and technological establishment, having its |
philpem@5 | 559 | principal place of business at Domaine de Voluceau, Rocquencourt, BP |
philpem@5 | 560 | 105, 78153 Le Chesnay cedex, France. |
philpem@5 | 561 | |
philpem@5 | 562 | |
philpem@5 | 563 | Preamble |
philpem@5 | 564 | |
philpem@5 | 565 | The purpose of this Free Software license agreement is to grant users the |
philpem@5 | 566 | right to modify and re-use the software governed by this license. |
philpem@5 | 567 | |
philpem@5 | 568 | The exercising of this right is conditional on the obligation to make |
philpem@5 | 569 | available to the community the modifications made to the source code of the |
philpem@5 | 570 | software so as to contribute to its evolution. |
philpem@5 | 571 | |
philpem@5 | 572 | In consideration of access to the source code and the rights to copy, |
philpem@5 | 573 | modify and redistribute granted by the license, users are provided only |
philpem@5 | 574 | with a limited warranty and the software's author, the holder of the |
philpem@5 | 575 | economic rights, and the successive licensors only have limited liability. |
philpem@5 | 576 | |
philpem@5 | 577 | In this respect, the risks associated with loading, using, modifying |
philpem@5 | 578 | and/or developing or reproducing the software by the user are brought to |
philpem@5 | 579 | the user's attention, given its Free Software status, which may make it |
philpem@5 | 580 | complicated to use, with the result that its use is reserved for |
philpem@5 | 581 | developers and experienced professionals having in-depth computer |
philpem@5 | 582 | knowledge. Users are therefore encouraged to load and test the suitability |
philpem@5 | 583 | of the software as regards their requirements in conditions enabling the |
philpem@5 | 584 | security of their systems and/or data to be ensured and, more generally, to |
philpem@5 | 585 | use and operate it in the same conditions of security. This Agreement may be |
philpem@5 | 586 | freely reproduced and published, provided it is not altered, and that no |
philpem@5 | 587 | provisions are either added or removed herefrom. |
philpem@5 | 588 | |
philpem@5 | 589 | This Agreement may apply to any or all software for which the holder of |
philpem@5 | 590 | the economic rights decides to submit the use thereof to its provisions. |
philpem@5 | 591 | |
philpem@5 | 592 | |
philpem@5 | 593 | Article 1 - DEFINITIONS |
philpem@5 | 594 | |
philpem@5 | 595 | For the purpose of this Agreement, when the following expressions |
philpem@5 | 596 | commence with a capital letter, they shall have the following meaning: |
philpem@5 | 597 | |
philpem@5 | 598 | Agreement: means this license agreement, and its possible subsequent |
philpem@5 | 599 | versions and annexes. |
philpem@5 | 600 | |
philpem@5 | 601 | Software: means the software in its Object Code and/or Source Code form |
philpem@5 | 602 | and, where applicable, its documentation, "as is" when the Licensee |
philpem@5 | 603 | accepts the Agreement. |
philpem@5 | 604 | |
philpem@5 | 605 | Initial Software: means the Software in its Source Code and possibly its |
philpem@5 | 606 | Object Code form and, where applicable, its documentation, "as is" when |
philpem@5 | 607 | it is first distributed under the terms and conditions of the Agreement. |
philpem@5 | 608 | |
philpem@5 | 609 | Modified Software: means the Software modified by at least one Integrated |
philpem@5 | 610 | Contribution. |
philpem@5 | 611 | |
philpem@5 | 612 | Source Code: means all the Software's instructions and program lines to |
philpem@5 | 613 | which access is required so as to modify the Software. |
philpem@5 | 614 | |
philpem@5 | 615 | Object Code: means the binary files originating from the compilation of |
philpem@5 | 616 | the Source Code. |
philpem@5 | 617 | |
philpem@5 | 618 | Holder: means the holder(s) of the economic rights over the Initial |
philpem@5 | 619 | Software. |
philpem@5 | 620 | |
philpem@5 | 621 | Licensee: means the Software user(s) having accepted the Agreement. |
philpem@5 | 622 | |
philpem@5 | 623 | Contributor: means a Licensee having made at least one Integrated |
philpem@5 | 624 | Contribution. |
philpem@5 | 625 | |
philpem@5 | 626 | Licensor: means the Holder, or any other individual or legal entity, who |
philpem@5 | 627 | distributes the Software under the Agreement. |
philpem@5 | 628 | |
philpem@5 | 629 | Integrated Contribution: means any or all modifications, corrections, |
philpem@5 | 630 | translations, adaptations and/or new functions integrated into the Source |
philpem@5 | 631 | Code by any or all Contributors. |
philpem@5 | 632 | |
philpem@5 | 633 | Related Module: means a set of sources files including their documentation |
philpem@5 | 634 | that, without modification to the Source Code, enables supplementary |
philpem@5 | 635 | functions or services in addition to those offered by the Software. |
philpem@5 | 636 | |
philpem@5 | 637 | Derivative Software: means any combination of the Software, modified or not, |
philpem@5 | 638 | and of a Related Module. |
philpem@5 | 639 | |
philpem@5 | 640 | Parties: mean both the Licensee and the Licensor. |
philpem@5 | 641 | |
philpem@5 | 642 | These expressions may be used both in singular and plural form. |
philpem@5 | 643 | |
philpem@5 | 644 | |
philpem@5 | 645 | Article 2 - PURPOSE |
philpem@5 | 646 | |
philpem@5 | 647 | The purpose of the Agreement is the grant by the Licensor to the |
philpem@5 | 648 | Licensee of a non-exclusive, transferable and worldwide license for the |
philpem@5 | 649 | Software as set forth in Article 5 hereinafter for the whole term of the |
philpem@5 | 650 | protection granted by the rights over said Software. |
philpem@5 | 651 | |
philpem@5 | 652 | |
philpem@5 | 653 | Article 3 - ACCEPTANCE |
philpem@5 | 654 | |
philpem@5 | 655 | 3.1 The Licensee shall be deemed as having accepted the terms and |
philpem@5 | 656 | conditions of this Agreement upon the occurrence of the first of the |
philpem@5 | 657 | following events: |
philpem@5 | 658 | |
philpem@5 | 659 | * (i) loading the Software by any or all means, notably, by |
philpem@5 | 660 | downloading from a remote server, or by loading from a physical |
philpem@5 | 661 | medium; |
philpem@5 | 662 | * (ii) the first time the Licensee exercises any of the rights |
philpem@5 | 663 | granted hereunder. |
philpem@5 | 664 | |
philpem@5 | 665 | 3.2 One copy of the Agreement, containing a notice relating to the |
philpem@5 | 666 | characteristics of the Software, to the limited warranty, and to the |
philpem@5 | 667 | fact that its use is restricted to experienced users has been provided |
philpem@5 | 668 | to the Licensee prior to its acceptance as set forth in Article 3.1 |
philpem@5 | 669 | hereinabove, and the Licensee hereby acknowledges that it has read and |
philpem@5 | 670 | understood it. |
philpem@5 | 671 | |
philpem@5 | 672 | |
philpem@5 | 673 | Article 4 - EFFECTIVE DATE AND TERM |
philpem@5 | 674 | |
philpem@5 | 675 | |
philpem@5 | 676 | 4.1 EFFECTIVE DATE |
philpem@5 | 677 | |
philpem@5 | 678 | The Agreement shall become effective on the date when it is accepted by |
philpem@5 | 679 | the Licensee as set forth in Article 3.1. |
philpem@5 | 680 | |
philpem@5 | 681 | |
philpem@5 | 682 | 4.2 TERM |
philpem@5 | 683 | |
philpem@5 | 684 | The Agreement shall remain in force for the entire legal term of |
philpem@5 | 685 | protection of the economic rights over the Software. |
philpem@5 | 686 | |
philpem@5 | 687 | |
philpem@5 | 688 | Article 5 - SCOPE OF RIGHTS GRANTED |
philpem@5 | 689 | |
philpem@5 | 690 | The Licensor hereby grants to the Licensee, who accepts, the following |
philpem@5 | 691 | rights over the Software for any or all use, and for the term of the |
philpem@5 | 692 | Agreement, on the basis of the terms and conditions set forth hereinafter. |
philpem@5 | 693 | |
philpem@5 | 694 | Besides, if the Licensor owns or comes to own one or more patents |
philpem@5 | 695 | protecting all or part of the functions of the Software or of its |
philpem@5 | 696 | components, the Licensor undertakes not to enforce the rights granted by |
philpem@5 | 697 | these patents against successive Licensees using, exploiting or |
philpem@5 | 698 | modifying the Software. If these patents are transferred, the Licensor |
philpem@5 | 699 | undertakes to have the transferees subscribe to the obligations set |
philpem@5 | 700 | forth in this paragraph. |
philpem@5 | 701 | |
philpem@5 | 702 | |
philpem@5 | 703 | 5.1 RIGHT OF USE |
philpem@5 | 704 | |
philpem@5 | 705 | The Licensee is authorized to use the Software, without any limitation |
philpem@5 | 706 | as to its fields of application, with it being hereinafter specified |
philpem@5 | 707 | that this comprises: |
philpem@5 | 708 | |
philpem@5 | 709 | 1. permanent or temporary reproduction of all or part of the Software |
philpem@5 | 710 | by any or all means and in any or all form. |
philpem@5 | 711 | 2. loading, displaying, running, or storing the Software on any or |
philpem@5 | 712 | all medium. |
philpem@5 | 713 | 3. entitlement to observe, study or test its operation so as to |
philpem@5 | 714 | determine the ideas and principles behind any or all constituent |
philpem@5 | 715 | elements of said Software. This shall apply when the Licensee |
philpem@5 | 716 | carries out any or all loading, displaying, running, transmission |
philpem@5 | 717 | or storage operation as regards the Software, that it is entitled |
philpem@5 | 718 | to carry out hereunder. |
philpem@5 | 719 | |
philpem@5 | 720 | |
philpem@5 | 721 | 5.2 RIGHT OF MODIFICATION |
philpem@5 | 722 | |
philpem@5 | 723 | The right of modification includes the right to translate, adapt, arrange, |
philpem@5 | 724 | or make any or all modifications to the Software, and the right to |
philpem@5 | 725 | reproduce the resulting Software. It includes, in particular, the right |
philpem@5 | 726 | to create a Derivative Software. |
philpem@5 | 727 | |
philpem@5 | 728 | The Licensee is authorized to make any or all modification to the |
philpem@5 | 729 | Software provided that it includes an explicit notice that it is the |
philpem@5 | 730 | author of said modification and indicates the date of the creation thereof. |
philpem@5 | 731 | |
philpem@5 | 732 | |
philpem@5 | 733 | 5.3 RIGHT OF DISTRIBUTION |
philpem@5 | 734 | |
philpem@5 | 735 | In particular, the right of distribution includes the right to publish, |
philpem@5 | 736 | transmit and communicate the Software to the general public on any or |
philpem@5 | 737 | all medium, and by any or all means, and the right to market, either in |
philpem@5 | 738 | consideration of a fee, or free of charge, one or more copies of the |
philpem@5 | 739 | Software by any means. |
philpem@5 | 740 | |
philpem@5 | 741 | The Licensee is further authorized to distribute copies of the modified |
philpem@5 | 742 | or unmodified Software to third parties according to the terms and |
philpem@5 | 743 | conditions set forth hereinafter. |
philpem@5 | 744 | |
philpem@5 | 745 | |
philpem@5 | 746 | 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
philpem@5 | 747 | |
philpem@5 | 748 | The Licensee is authorized to distribute true copies of the Software in |
philpem@5 | 749 | Source Code or Object Code form, provided that said distribution |
philpem@5 | 750 | complies with all the provisions of the Agreement and is accompanied by: |
philpem@5 | 751 | |
philpem@5 | 752 | 1. a copy of the Agreement, |
philpem@5 | 753 | |
philpem@5 | 754 | 2. a notice relating to the limitation of both the Licensor's |
philpem@5 | 755 | warranty and liability as set forth in Articles 8 and 9, |
philpem@5 | 756 | |
philpem@5 | 757 | and that, in the event that only the Object Code of the Software is |
philpem@5 | 758 | redistributed, the Licensee allows effective access to the full Source Code |
philpem@5 | 759 | of the Software at a minimum during the entire period of its distribution |
philpem@5 | 760 | of the Software, it being understood that the additional cost of acquiring |
philpem@5 | 761 | the Source Code shall not exceed the cost of transferring the data. |
philpem@5 | 762 | |
philpem@5 | 763 | |
philpem@5 | 764 | 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
philpem@5 | 765 | |
philpem@5 | 766 | When the Licensee makes an Integrated Contribution to the Software, the terms |
philpem@5 | 767 | and conditions for the distribution of the resulting Modified Software become |
philpem@5 | 768 | subject to all the provisions of this Agreement. |
philpem@5 | 769 | |
philpem@5 | 770 | The Licensee is authorized to distribute the Modified Software, in source |
philpem@5 | 771 | code or object code form, provided that said distribution complies with all |
philpem@5 | 772 | the provisions of the Agreement and is accompanied by: |
philpem@5 | 773 | |
philpem@5 | 774 | 1. a copy of the Agreement, |
philpem@5 | 775 | 2. a notice relating to the limitation of both the Licensor's warranty and |
philpem@5 | 776 | liability as set forth in Articles 8 and 9, |
philpem@5 | 777 | |
philpem@5 | 778 | and that, in the event that only the object code of the Modified Software is |
philpem@5 | 779 | redistributed, the Licensee allows effective access to the full source code |
philpem@5 | 780 | of the Modified Software at a minimum during the entire period of its |
philpem@5 | 781 | distribution of the Modified Software, it being understood that the |
philpem@5 | 782 | additional cost of acquiring the source code shall not exceed the cost of |
philpem@5 | 783 | transferring the data. |
philpem@5 | 784 | |
philpem@5 | 785 | 5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE |
philpem@5 | 786 | |
philpem@5 | 787 | When the Licensee creates Derivative Software, this Derivative Software may |
philpem@5 | 788 | be distributed under a license agreement other than this Agreement, subject |
philpem@5 | 789 | to compliance with the requirement to include a notice concerning the rights |
philpem@5 | 790 | over the Software as defined in Article 6.4. In the event the creation of the |
philpem@5 | 791 | Derivative Software required modification of the Source Code, the Licensee |
philpem@5 | 792 | undertakes that: |
philpem@5 | 793 | |
philpem@5 | 794 | 1. the resulting Modified Software will be governed by this Agreement, |
philpem@5 | 795 | 2. the Integrated Contributions in the resulting Modified Software will be |
philpem@5 | 796 | clearly identified and documented, |
philpem@5 | 797 | 3. the Licensee will allow effective access to the source code of the |
philpem@5 | 798 | Modified Software, at a minimum during the entire period of |
philpem@5 | 799 | distribution of the Derivative Software, such that such modifications |
philpem@5 | 800 | may be carried over in a subsequent version of the Software; it being |
philpem@5 | 801 | understood that the additional cost of purchasing the source code of |
philpem@5 | 802 | the Modified Software shall not exceed the cost of transferring the |
philpem@5 | 803 | data. |
philpem@5 | 804 | |
philpem@5 | 805 | |
philpem@5 | 806 | 5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE |
philpem@5 | 807 | |
philpem@5 | 808 | When a Modified Software contains an Integrated Contribution subject to the |
philpem@5 | 809 | CeCill license agreement, or when a Derivative Software contains a Related |
philpem@5 | 810 | Module subject to the CeCill license agreement, the provisions set forth in |
philpem@5 | 811 | the third item of Article 6.4 are optional. |
philpem@5 | 812 | |
philpem@5 | 813 | |
philpem@5 | 814 | Article 6 - INTELLECTUAL PROPERTY |
philpem@5 | 815 | |
philpem@5 | 816 | |
philpem@5 | 817 | 6.1 OVER THE INITIAL SOFTWARE |
philpem@5 | 818 | |
philpem@5 | 819 | The Holder owns the economic rights over the Initial Software. Any or |
philpem@5 | 820 | all use of the Initial Software is subject to compliance with the terms |
philpem@5 | 821 | and conditions under which the Holder has elected to distribute its work |
philpem@5 | 822 | and no one shall be entitled to modify the terms and conditions for the |
philpem@5 | 823 | distribution of said Initial Software. |
philpem@5 | 824 | |
philpem@5 | 825 | The Holder undertakes that the Initial Software will remain ruled at |
philpem@5 | 826 | least by the current license, for the duration set forth in Article 4.2. |
philpem@5 | 827 | |
philpem@5 | 828 | |
philpem@5 | 829 | 6.2 OVER THE INTEGRATED CONTRIBUTIONS |
philpem@5 | 830 | |
philpem@5 | 831 | A Licensee who develops an Integrated Contribution is the owner of the |
philpem@5 | 832 | intellectual property rights over this Contribution as defined by |
philpem@5 | 833 | applicable law. |
philpem@5 | 834 | |
philpem@5 | 835 | |
philpem@5 | 836 | 6.3 OVER THE RELATED MODULES |
philpem@5 | 837 | |
philpem@5 | 838 | A Licensee who develops an Related Module is the owner of the |
philpem@5 | 839 | intellectual property rights over this Related Module as defined by |
philpem@5 | 840 | applicable law and is free to choose the type of agreement that shall |
philpem@5 | 841 | govern its distribution under the conditions defined in Article 5.3.3. |
philpem@5 | 842 | |
philpem@5 | 843 | |
philpem@5 | 844 | 6.4 NOTICE OF RIGHTS |
philpem@5 | 845 | |
philpem@5 | 846 | The Licensee expressly undertakes: |
philpem@5 | 847 | |
philpem@5 | 848 | 1. not to remove, or modify, in any manner, the intellectual property |
philpem@5 | 849 | notices attached to the Software; |
philpem@5 | 850 | 2. to reproduce said notices, in an identical manner, in the copies |
philpem@5 | 851 | of the Software modified or not; |
philpem@5 | 852 | 3. to ensure that use of the Software, its intellectual property |
philpem@5 | 853 | notices and the fact that it is governed by the Agreement is |
philpem@5 | 854 | indicated in a text that is easily accessible, specifically from |
philpem@5 | 855 | the interface of any Derivative Software. |
philpem@5 | 856 | |
philpem@5 | 857 | The Licensee undertakes not to directly or indirectly infringe the |
philpem@5 | 858 | intellectual property rights of the Holder and/or Contributors on the |
philpem@5 | 859 | Software and to take, where applicable, vis-à-vis its staff, any and all |
philpem@5 | 860 | measures required to ensure respect of said intellectual property rights |
philpem@5 | 861 | of the Holder and/or Contributors. |
philpem@5 | 862 | |
philpem@5 | 863 | |
philpem@5 | 864 | Article 7 - RELATED SERVICES |
philpem@5 | 865 | |
philpem@5 | 866 | 7.1 Under no circumstances shall the Agreement oblige the Licensor to |
philpem@5 | 867 | provide technical assistance or maintenance services for the Software. |
philpem@5 | 868 | |
philpem@5 | 869 | However, the Licensor is entitled to offer this type of services. The |
philpem@5 | 870 | terms and conditions of such technical assistance, and/or such |
philpem@5 | 871 | maintenance, shall be set forth in a separate instrument. Only the |
philpem@5 | 872 | Licensor offering said maintenance and/or technical assistance services |
philpem@5 | 873 | shall incur liability therefor. |
philpem@5 | 874 | |
philpem@5 | 875 | 7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
philpem@5 | 876 | its sole responsibility, a warranty, that shall only be binding upon |
philpem@5 | 877 | itself, for the redistribution of the Software and/or the Modified |
philpem@5 | 878 | Software, under terms and conditions that it is free to decide. Said |
philpem@5 | 879 | warranty, and the financial terms and conditions of its application, |
philpem@5 | 880 | shall be subject of a separate instrument executed between the Licensor |
philpem@5 | 881 | and the Licensee. |
philpem@5 | 882 | |
philpem@5 | 883 | |
philpem@5 | 884 | Article 8 - LIABILITY |
philpem@5 | 885 | |
philpem@5 | 886 | 8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
philpem@5 | 887 | entitled to claim compensation for any direct loss it may have suffered |
philpem@5 | 888 | from the Software as a result of a fault on the part of the relevant |
philpem@5 | 889 | Licensor, subject to providing evidence thereof. |
philpem@5 | 890 | |
philpem@5 | 891 | 8.2 The Licensor's liability is limited to the commitments made under |
philpem@5 | 892 | this Agreement and shall not be incurred as a result of in particular: |
philpem@5 | 893 | (i) loss due the Licensee's total or partial failure to fulfill its |
philpem@5 | 894 | obligations, (ii) direct or consequential loss that is suffered by the |
philpem@5 | 895 | Licensee due to the use or performance of the Software, and (iii) more |
philpem@5 | 896 | generally, any consequential loss. In particular the Parties expressly |
philpem@5 | 897 | agree that any or all pecuniary or business loss (i.e. loss of data, |
philpem@5 | 898 | loss of profits, operating loss, loss of customers or orders, |
philpem@5 | 899 | opportunity cost, any disturbance to business activities) or any or all |
philpem@5 | 900 | legal proceedings instituted against the Licensee by a third party, |
philpem@5 | 901 | shall constitute consequential loss and shall not provide entitlement to |
philpem@5 | 902 | any or all compensation from the Licensor. |
philpem@5 | 903 | |
philpem@5 | 904 | |
philpem@5 | 905 | Article 9 - WARRANTY |
philpem@5 | 906 | |
philpem@5 | 907 | 9.1 The Licensee acknowledges that the scientific and technical |
philpem@5 | 908 | state-of-the-art when the Software was distributed did not enable all |
philpem@5 | 909 | possible uses to be tested and verified, nor for the presence of |
philpem@5 | 910 | possible defects to be detected. In this respect, the Licensee's |
philpem@5 | 911 | attention has been drawn to the risks associated with loading, using, |
philpem@5 | 912 | modifying and/or developing and reproducing the Software which are |
philpem@5 | 913 | reserved for experienced users. |
philpem@5 | 914 | |
philpem@5 | 915 | The Licensee shall be responsible for verifying, by any or all means, |
philpem@5 | 916 | the suitability of the product for its requirements, its good working order, |
philpem@5 | 917 | and for ensuring that it shall not cause damage to either persons or |
philpem@5 | 918 | properties. |
philpem@5 | 919 | |
philpem@5 | 920 | 9.2 The Licensor hereby represents, in good faith, that it is entitled |
philpem@5 | 921 | to grant all the rights over the Software (including in particular the |
philpem@5 | 922 | rights set forth in Article 5). |
philpem@5 | 923 | |
philpem@5 | 924 | 9.3 The Licensee acknowledges that the Software is supplied "as is" by |
philpem@5 | 925 | the Licensor without any other express or tacit warranty, other than |
philpem@5 | 926 | that provided for in Article 9.2 and, in particular, without any warranty |
philpem@5 | 927 | as to its commercial value, its secured, safe, innovative or relevant |
philpem@5 | 928 | nature. |
philpem@5 | 929 | |
philpem@5 | 930 | Specifically, the Licensor does not warrant that the Software is free |
philpem@5 | 931 | from any error, that it will operate without interruption, that it will |
philpem@5 | 932 | be compatible with the Licensee's own equipment and software |
philpem@5 | 933 | configuration, nor that it will meet the Licensee's requirements. |
philpem@5 | 934 | |
philpem@5 | 935 | 9.4 The Licensor does not either expressly or tacitly warrant that the |
philpem@5 | 936 | Software does not infringe any third party intellectual property right |
philpem@5 | 937 | relating to a patent, software or any other property right. Therefore, |
philpem@5 | 938 | the Licensor disclaims any and all liability towards the Licensee |
philpem@5 | 939 | arising out of any or all proceedings for infringement that may be |
philpem@5 | 940 | instituted in respect of the use, modification and redistribution of the |
philpem@5 | 941 | Software. Nevertheless, should such proceedings be instituted against |
philpem@5 | 942 | the Licensee, the Licensor shall provide it with technical and legal |
philpem@5 | 943 | assistance for its defense. Such technical and legal assistance shall be |
philpem@5 | 944 | decided on a case-by-case basis between the relevant Licensor and the |
philpem@5 | 945 | Licensee pursuant to a memorandum of understanding. The Licensor |
philpem@5 | 946 | disclaims any and all liability as regards the Licensee's use of the |
philpem@5 | 947 | name of the Software. No warranty is given as regards the existence of |
philpem@5 | 948 | prior rights over the name of the Software or as regards the existence |
philpem@5 | 949 | of a trademark. |
philpem@5 | 950 | |
philpem@5 | 951 | |
philpem@5 | 952 | Article 10 - TERMINATION |
philpem@5 | 953 | |
philpem@5 | 954 | 10.1 In the event of a breach by the Licensee of its obligations |
philpem@5 | 955 | hereunder, the Licensor may automatically terminate this Agreement |
philpem@5 | 956 | thirty (30) days after notice has been sent to the Licensee and has |
philpem@5 | 957 | remained ineffective. |
philpem@5 | 958 | |
philpem@5 | 959 | 10.2 A Licensee whose Agreement is terminated shall no longer be |
philpem@5 | 960 | authorized to use, modify or distribute the Software. However, any |
philpem@5 | 961 | licenses that it may have granted prior to termination of the Agreement |
philpem@5 | 962 | shall remain valid subject to their having been granted in compliance |
philpem@5 | 963 | with the terms and conditions hereof. |
philpem@5 | 964 | |
philpem@5 | 965 | |
philpem@5 | 966 | Article 11 - MISCELLANEOUS |
philpem@5 | 967 | |
philpem@5 | 968 | |
philpem@5 | 969 | 11.1 EXCUSABLE EVENTS |
philpem@5 | 970 | |
philpem@5 | 971 | Neither Party shall be liable for any or all delay, or failure to |
philpem@5 | 972 | perform the Agreement, that may be attributable to an event of force |
philpem@5 | 973 | majeure, an act of God or an outside cause, such as defective |
philpem@5 | 974 | functioning or interruptions of the electricity or telecommunications |
philpem@5 | 975 | networks, network paralysis following a virus attack, intervention by |
philpem@5 | 976 | government authorities, natural disasters, water damage, earthquakes, |
philpem@5 | 977 | fire, explosions, strikes and labor unrest, war, etc. |
philpem@5 | 978 | |
philpem@5 | 979 | 11.2 Any failure by either Party, on one or more occasions, to invoke |
philpem@5 | 980 | one or more of the provisions hereof, shall under no circumstances be |
philpem@5 | 981 | interpreted as being a waiver by the interested Party of its right to |
philpem@5 | 982 | invoke said provision(s) subsequently. |
philpem@5 | 983 | |
philpem@5 | 984 | 11.3 The Agreement cancels and replaces any or all previous agreements, |
philpem@5 | 985 | whether written or oral, between the Parties and having the same |
philpem@5 | 986 | purpose, and constitutes the entirety of the agreement between said |
philpem@5 | 987 | Parties concerning said purpose. No supplement or modification to the |
philpem@5 | 988 | terms and conditions hereof shall be effective as between the Parties |
philpem@5 | 989 | unless it is made in writing and signed by their duly authorized |
philpem@5 | 990 | representatives. |
philpem@5 | 991 | |
philpem@5 | 992 | 11.4 In the event that one or more of the provisions hereof were to |
philpem@5 | 993 | conflict with a current or future applicable act or legislative text, |
philpem@5 | 994 | said act or legislative text shall prevail, and the Parties shall make |
philpem@5 | 995 | the necessary amendments so as to comply with said act or legislative |
philpem@5 | 996 | text. All other provisions shall remain effective. Similarly, invalidity |
philpem@5 | 997 | of a provision of the Agreement, for any reason whatsoever, shall not |
philpem@5 | 998 | cause the Agreement as a whole to be invalid. |
philpem@5 | 999 | |
philpem@5 | 1000 | |
philpem@5 | 1001 | 11.5 LANGUAGE |
philpem@5 | 1002 | |
philpem@5 | 1003 | The Agreement is drafted in both French and English and both versions |
philpem@5 | 1004 | are deemed authentic. |
philpem@5 | 1005 | |
philpem@5 | 1006 | |
philpem@5 | 1007 | Article 12 - NEW VERSIONS OF THE AGREEMENT |
philpem@5 | 1008 | |
philpem@5 | 1009 | 12.1 Any person is authorized to duplicate and distribute copies of this |
philpem@5 | 1010 | Agreement. |
philpem@5 | 1011 | |
philpem@5 | 1012 | 12.2 So as to ensure coherence, the wording of this Agreement is |
philpem@5 | 1013 | protected and may only be modified by the authors of the License, who |
philpem@5 | 1014 | reserve the right to periodically publish updates or new versions of the |
philpem@5 | 1015 | Agreement, each with a separate number. These subsequent versions may |
philpem@5 | 1016 | address new issues encountered by Free Software. |
philpem@5 | 1017 | |
philpem@5 | 1018 | 12.3 Any Software distributed under a given version of the Agreement |
philpem@5 | 1019 | may only be subsequently distributed under the same version of the |
philpem@5 | 1020 | Agreement or a subsequent version. |
philpem@5 | 1021 | |
philpem@5 | 1022 | |
philpem@5 | 1023 | Article 13 - GOVERNING LAW AND JURISDICTION |
philpem@5 | 1024 | |
philpem@5 | 1025 | 13.1 The Agreement is governed by French law. The Parties agree to |
philpem@5 | 1026 | endeavor to seek an amicable solution to any disagreements or disputes |
philpem@5 | 1027 | that may arise during the performance of the Agreement. |
philpem@5 | 1028 | |
philpem@5 | 1029 | 13.2 Failing an amicable solution within two (2) months as from their |
philpem@5 | 1030 | occurrence, and unless emergency proceedings are necessary, the |
philpem@5 | 1031 | disagreements or disputes shall be referred to the Paris Courts having |
philpem@5 | 1032 | jurisdiction, by the more diligent Party. |
philpem@5 | 1033 | |
philpem@5 | 1034 | |
philpem@5 | 1035 | Version 1.0 dated 2006-07-12. |