1.1 --- /dev/null Thu Jan 01 00:00:00 1970 +0000 1.2 +++ b/PTdecode/CImg-1.3.0/Licence_CeCILL-C_V1-en.txt Mon Aug 03 14:09:20 2009 +0100 1.3 @@ -0,0 +1,508 @@ 1.4 + 1.5 + CeCILL-C FREE SOFTWARE LICENSE AGREEMENT 1.6 + 1.7 + 1.8 + Notice 1.9 + 1.10 +This Agreement is a Free Software license agreement that is the result 1.11 +of discussions between its authors in order to ensure compliance with 1.12 +the two main principles guiding its drafting: 1.13 + 1.14 + * firstly, compliance with the principles governing the distribution 1.15 + of Free Software: access to source code, broad rights granted to 1.16 + users, 1.17 + * secondly, the election of a governing law, French law, with which 1.18 + it is conformant, both as regards the law of torts and 1.19 + intellectual property law, and the protection that it offers to 1.20 + both authors and holders of the economic rights over software. 1.21 + 1.22 +The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre]) 1.23 +license are: 1.24 + 1.25 +Commissariat à l'Energie Atomique - CEA, a public scientific, technical 1.26 +and industrial research establishment, having its principal place of 1.27 +business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. 1.28 + 1.29 +Centre National de la Recherche Scientifique - CNRS, a public scientific 1.30 +and technological establishment, having its principal place of business 1.31 +at 3 rue Michel-Ange, 75794 Paris cedex 16, France. 1.32 + 1.33 +Institut National de Recherche en Informatique et en Automatique - 1.34 +INRIA, a public scientific and technological establishment, having its 1.35 +principal place of business at Domaine de Voluceau, Rocquencourt, BP 1.36 +105, 78153 Le Chesnay cedex, France. 1.37 + 1.38 + 1.39 + Preamble 1.40 + 1.41 +The purpose of this Free Software license agreement is to grant users the 1.42 +right to modify and re-use the software governed by this license. 1.43 + 1.44 +The exercising of this right is conditional on the obligation to make 1.45 +available to the community the modifications made to the source code of the 1.46 +software so as to contribute to its evolution. 1.47 + 1.48 +In consideration of access to the source code and the rights to copy, 1.49 +modify and redistribute granted by the license, users are provided only 1.50 +with a limited warranty and the software's author, the holder of the 1.51 +economic rights, and the successive licensors only have limited liability. 1.52 + 1.53 +In this respect, the risks associated with loading, using, modifying 1.54 +and/or developing or reproducing the software by the user are brought to 1.55 +the user's attention, given its Free Software status, which may make it 1.56 +complicated to use, with the result that its use is reserved for 1.57 +developers and experienced professionals having in-depth computer 1.58 +knowledge. Users are therefore encouraged to load and test the suitability 1.59 +of the software as regards their requirements in conditions enabling the 1.60 +security of their systems and/or data to be ensured and, more generally, to 1.61 +use and operate it in the same conditions of security. This Agreement may be 1.62 +freely reproduced and published, provided it is not altered, and that no 1.63 +provisions are either added or removed herefrom. 1.64 + 1.65 +This Agreement may apply to any or all software for which the holder of 1.66 +the economic rights decides to submit the use thereof to its provisions. 1.67 + 1.68 + 1.69 + Article 1 - DEFINITIONS 1.70 + 1.71 +For the purpose of this Agreement, when the following expressions 1.72 +commence with a capital letter, they shall have the following meaning: 1.73 + 1.74 +Agreement: means this license agreement, and its possible subsequent 1.75 +versions and annexes. 1.76 + 1.77 +Software: means the software in its Object Code and/or Source Code form 1.78 +and, where applicable, its documentation, "as is" when the Licensee 1.79 +accepts the Agreement. 1.80 + 1.81 +Initial Software: means the Software in its Source Code and possibly its 1.82 +Object Code form and, where applicable, its documentation, "as is" when 1.83 +it is first distributed under the terms and conditions of the Agreement. 1.84 + 1.85 +Modified Software: means the Software modified by at least one Integrated 1.86 +Contribution. 1.87 + 1.88 +Source Code: means all the Software's instructions and program lines to 1.89 +which access is required so as to modify the Software. 1.90 + 1.91 +Object Code: means the binary files originating from the compilation of 1.92 +the Source Code. 1.93 + 1.94 +Holder: means the holder(s) of the economic rights over the Initial 1.95 +Software. 1.96 + 1.97 +Licensee: means the Software user(s) having accepted the Agreement. 1.98 + 1.99 +Contributor: means a Licensee having made at least one Integrated 1.100 +Contribution. 1.101 + 1.102 +Licensor: means the Holder, or any other individual or legal entity, who 1.103 +distributes the Software under the Agreement. 1.104 + 1.105 +Integrated Contribution: means any or all modifications, corrections, 1.106 +translations, adaptations and/or new functions integrated into the Source 1.107 +Code by any or all Contributors. 1.108 + 1.109 +Related Module: means a set of sources files including their documentation 1.110 +that, without modification to the Source Code, enables supplementary 1.111 +functions or services in addition to those offered by the Software. 1.112 + 1.113 +Derivative Software: means any combination of the Software, modified or not, 1.114 +and of a Related Module. 1.115 + 1.116 +Parties: mean both the Licensee and the Licensor. 1.117 + 1.118 +These expressions may be used both in singular and plural form. 1.119 + 1.120 + 1.121 + Article 2 - PURPOSE 1.122 + 1.123 +The purpose of the Agreement is the grant by the Licensor to the 1.124 +Licensee of a non-exclusive, transferable and worldwide license for the 1.125 +Software as set forth in Article 5 hereinafter for the whole term of the 1.126 +protection granted by the rights over said Software. 1.127 + 1.128 + 1.129 + Article 3 - ACCEPTANCE 1.130 + 1.131 +3.1 The Licensee shall be deemed as having accepted the terms and 1.132 +conditions of this Agreement upon the occurrence of the first of the 1.133 +following events: 1.134 + 1.135 + * (i) loading the Software by any or all means, notably, by 1.136 + downloading from a remote server, or by loading from a physical 1.137 + medium; 1.138 + * (ii) the first time the Licensee exercises any of the rights 1.139 + granted hereunder. 1.140 + 1.141 +3.2 One copy of the Agreement, containing a notice relating to the 1.142 +characteristics of the Software, to the limited warranty, and to the 1.143 +fact that its use is restricted to experienced users has been provided 1.144 +to the Licensee prior to its acceptance as set forth in Article 3.1 1.145 +hereinabove, and the Licensee hereby acknowledges that it has read and 1.146 +understood it. 1.147 + 1.148 + 1.149 + Article 4 - EFFECTIVE DATE AND TERM 1.150 + 1.151 + 1.152 + 4.1 EFFECTIVE DATE 1.153 + 1.154 +The Agreement shall become effective on the date when it is accepted by 1.155 +the Licensee as set forth in Article 3.1. 1.156 + 1.157 + 1.158 + 4.2 TERM 1.159 + 1.160 +The Agreement shall remain in force for the entire legal term of 1.161 +protection of the economic rights over the Software. 1.162 + 1.163 + 1.164 + Article 5 - SCOPE OF RIGHTS GRANTED 1.165 + 1.166 +The Licensor hereby grants to the Licensee, who accepts, the following 1.167 +rights over the Software for any or all use, and for the term of the 1.168 +Agreement, on the basis of the terms and conditions set forth hereinafter. 1.169 + 1.170 +Besides, if the Licensor owns or comes to own one or more patents 1.171 +protecting all or part of the functions of the Software or of its 1.172 +components, the Licensor undertakes not to enforce the rights granted by 1.173 +these patents against successive Licensees using, exploiting or 1.174 +modifying the Software. If these patents are transferred, the Licensor 1.175 +undertakes to have the transferees subscribe to the obligations set 1.176 +forth in this paragraph. 1.177 + 1.178 + 1.179 + 5.1 RIGHT OF USE 1.180 + 1.181 +The Licensee is authorized to use the Software, without any limitation 1.182 +as to its fields of application, with it being hereinafter specified 1.183 +that this comprises: 1.184 + 1.185 + 1. permanent or temporary reproduction of all or part of the Software 1.186 + by any or all means and in any or all form. 1.187 + 2. loading, displaying, running, or storing the Software on any or 1.188 + all medium. 1.189 + 3. entitlement to observe, study or test its operation so as to 1.190 + determine the ideas and principles behind any or all constituent 1.191 + elements of said Software. This shall apply when the Licensee 1.192 + carries out any or all loading, displaying, running, transmission 1.193 + or storage operation as regards the Software, that it is entitled 1.194 + to carry out hereunder. 1.195 + 1.196 + 1.197 + 5.2 RIGHT OF MODIFICATION 1.198 + 1.199 +The right of modification includes the right to translate, adapt, arrange, 1.200 +or make any or all modifications to the Software, and the right to 1.201 +reproduce the resulting Software. It includes, in particular, the right 1.202 +to create a Derivative Software. 1.203 + 1.204 +The Licensee is authorized to make any or all modification to the 1.205 +Software provided that it includes an explicit notice that it is the 1.206 +author of said modification and indicates the date of the creation thereof. 1.207 + 1.208 + 1.209 + 5.3 RIGHT OF DISTRIBUTION 1.210 + 1.211 +In particular, the right of distribution includes the right to publish, 1.212 +transmit and communicate the Software to the general public on any or 1.213 +all medium, and by any or all means, and the right to market, either in 1.214 +consideration of a fee, or free of charge, one or more copies of the 1.215 +Software by any means. 1.216 + 1.217 +The Licensee is further authorized to distribute copies of the modified 1.218 +or unmodified Software to third parties according to the terms and 1.219 +conditions set forth hereinafter. 1.220 + 1.221 + 1.222 + 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION 1.223 + 1.224 +The Licensee is authorized to distribute true copies of the Software in 1.225 +Source Code or Object Code form, provided that said distribution 1.226 +complies with all the provisions of the Agreement and is accompanied by: 1.227 + 1.228 + 1. a copy of the Agreement, 1.229 + 1.230 + 2. a notice relating to the limitation of both the Licensor's 1.231 + warranty and liability as set forth in Articles 8 and 9, 1.232 + 1.233 +and that, in the event that only the Object Code of the Software is 1.234 +redistributed, the Licensee allows effective access to the full Source Code 1.235 +of the Software at a minimum during the entire period of its distribution 1.236 +of the Software, it being understood that the additional cost of acquiring 1.237 +the Source Code shall not exceed the cost of transferring the data. 1.238 + 1.239 + 1.240 + 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE 1.241 + 1.242 +When the Licensee makes an Integrated Contribution to the Software, the terms 1.243 +and conditions for the distribution of the resulting Modified Software become 1.244 +subject to all the provisions of this Agreement. 1.245 + 1.246 +The Licensee is authorized to distribute the Modified Software, in source 1.247 +code or object code form, provided that said distribution complies with all 1.248 +the provisions of the Agreement and is accompanied by: 1.249 + 1.250 + 1. a copy of the Agreement, 1.251 + 2. a notice relating to the limitation of both the Licensor's warranty and 1.252 + liability as set forth in Articles 8 and 9, 1.253 + 1.254 +and that, in the event that only the object code of the Modified Software is 1.255 +redistributed, the Licensee allows effective access to the full source code 1.256 +of the Modified Software at a minimum during the entire period of its 1.257 +distribution of the Modified Software, it being understood that the 1.258 +additional cost of acquiring the source code shall not exceed the cost of 1.259 +transferring the data. 1.260 + 1.261 + 5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE 1.262 + 1.263 +When the Licensee creates Derivative Software, this Derivative Software may 1.264 +be distributed under a license agreement other than this Agreement, subject 1.265 +to compliance with the requirement to include a notice concerning the rights 1.266 +over the Software as defined in Article 6.4. In the event the creation of the 1.267 +Derivative Software required modification of the Source Code, the Licensee 1.268 +undertakes that: 1.269 + 1.270 + 1. the resulting Modified Software will be governed by this Agreement, 1.271 + 2. the Integrated Contributions in the resulting Modified Software will be 1.272 + clearly identified and documented, 1.273 + 3. the Licensee will allow effective access to the source code of the 1.274 + Modified Software, at a minimum during the entire period of 1.275 + distribution of the Derivative Software, such that such modifications 1.276 + may be carried over in a subsequent version of the Software; it being 1.277 + understood that the additional cost of purchasing the source code of 1.278 + the Modified Software shall not exceed the cost of transferring the 1.279 + data. 1.280 + 1.281 + 1.282 + 5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE 1.283 + 1.284 +When a Modified Software contains an Integrated Contribution subject to the 1.285 +CeCill license agreement, or when a Derivative Software contains a Related 1.286 +Module subject to the CeCill license agreement, the provisions set forth in 1.287 +the third item of Article 6.4 are optional. 1.288 + 1.289 + 1.290 + Article 6 - INTELLECTUAL PROPERTY 1.291 + 1.292 + 1.293 + 6.1 OVER THE INITIAL SOFTWARE 1.294 + 1.295 +The Holder owns the economic rights over the Initial Software. Any or 1.296 +all use of the Initial Software is subject to compliance with the terms 1.297 +and conditions under which the Holder has elected to distribute its work 1.298 +and no one shall be entitled to modify the terms and conditions for the 1.299 +distribution of said Initial Software. 1.300 + 1.301 +The Holder undertakes that the Initial Software will remain ruled at 1.302 +least by the current license, for the duration set forth in Article 4.2. 1.303 + 1.304 + 1.305 + 6.2 OVER THE INTEGRATED CONTRIBUTIONS 1.306 + 1.307 +A Licensee who develops an Integrated Contribution is the owner of the 1.308 +intellectual property rights over this Contribution as defined by 1.309 +applicable law. 1.310 + 1.311 + 1.312 + 6.3 OVER THE RELATED MODULES 1.313 + 1.314 +A Licensee who develops an Related Module is the owner of the 1.315 +intellectual property rights over this Related Module as defined by 1.316 +applicable law and is free to choose the type of agreement that shall 1.317 +govern its distribution under the conditions defined in Article 5.3.3. 1.318 + 1.319 + 1.320 + 6.4 NOTICE OF RIGHTS 1.321 + 1.322 +The Licensee expressly undertakes: 1.323 + 1.324 + 1. not to remove, or modify, in any manner, the intellectual property 1.325 + notices attached to the Software; 1.326 + 2. to reproduce said notices, in an identical manner, in the copies 1.327 + of the Software modified or not; 1.328 + 3. to ensure that use of the Software, its intellectual property 1.329 + notices and the fact that it is governed by the Agreement is 1.330 + indicated in a text that is easily accessible, specifically from 1.331 + the interface of any Derivative Software. 1.332 + 1.333 +The Licensee undertakes not to directly or indirectly infringe the 1.334 +intellectual property rights of the Holder and/or Contributors on the 1.335 +Software and to take, where applicable, vis-à-vis its staff, any and all 1.336 +measures required to ensure respect of said intellectual property rights 1.337 +of the Holder and/or Contributors. 1.338 + 1.339 + 1.340 + Article 7 - RELATED SERVICES 1.341 + 1.342 +7.1 Under no circumstances shall the Agreement oblige the Licensor to 1.343 +provide technical assistance or maintenance services for the Software. 1.344 + 1.345 +However, the Licensor is entitled to offer this type of services. The 1.346 +terms and conditions of such technical assistance, and/or such 1.347 +maintenance, shall be set forth in a separate instrument. Only the 1.348 +Licensor offering said maintenance and/or technical assistance services 1.349 +shall incur liability therefor. 1.350 + 1.351 +7.2 Similarly, any Licensor is entitled to offer to its licensees, under 1.352 +its sole responsibility, a warranty, that shall only be binding upon 1.353 +itself, for the redistribution of the Software and/or the Modified 1.354 +Software, under terms and conditions that it is free to decide. Said 1.355 +warranty, and the financial terms and conditions of its application, 1.356 +shall be subject of a separate instrument executed between the Licensor 1.357 +and the Licensee. 1.358 + 1.359 + 1.360 + Article 8 - LIABILITY 1.361 + 1.362 +8.1 Subject to the provisions of Article 8.2, the Licensee shall be 1.363 +entitled to claim compensation for any direct loss it may have suffered 1.364 +from the Software as a result of a fault on the part of the relevant 1.365 +Licensor, subject to providing evidence thereof. 1.366 + 1.367 +8.2 The Licensor's liability is limited to the commitments made under 1.368 +this Agreement and shall not be incurred as a result of in particular: 1.369 +(i) loss due the Licensee's total or partial failure to fulfill its 1.370 +obligations, (ii) direct or consequential loss that is suffered by the 1.371 +Licensee due to the use or performance of the Software, and (iii) more 1.372 +generally, any consequential loss. In particular the Parties expressly 1.373 +agree that any or all pecuniary or business loss (i.e. loss of data, 1.374 +loss of profits, operating loss, loss of customers or orders, 1.375 +opportunity cost, any disturbance to business activities) or any or all 1.376 +legal proceedings instituted against the Licensee by a third party, 1.377 +shall constitute consequential loss and shall not provide entitlement to 1.378 +any or all compensation from the Licensor. 1.379 + 1.380 + 1.381 + Article 9 - WARRANTY 1.382 + 1.383 +9.1 The Licensee acknowledges that the scientific and technical 1.384 +state-of-the-art when the Software was distributed did not enable all 1.385 +possible uses to be tested and verified, nor for the presence of 1.386 +possible defects to be detected. In this respect, the Licensee's 1.387 +attention has been drawn to the risks associated with loading, using, 1.388 +modifying and/or developing and reproducing the Software which are 1.389 +reserved for experienced users. 1.390 + 1.391 +The Licensee shall be responsible for verifying, by any or all means, 1.392 +the suitability of the product for its requirements, its good working order, 1.393 +and for ensuring that it shall not cause damage to either persons or 1.394 +properties. 1.395 + 1.396 +9.2 The Licensor hereby represents, in good faith, that it is entitled 1.397 +to grant all the rights over the Software (including in particular the 1.398 +rights set forth in Article 5). 1.399 + 1.400 +9.3 The Licensee acknowledges that the Software is supplied "as is" by 1.401 +the Licensor without any other express or tacit warranty, other than 1.402 +that provided for in Article 9.2 and, in particular, without any warranty 1.403 +as to its commercial value, its secured, safe, innovative or relevant 1.404 +nature. 1.405 + 1.406 +Specifically, the Licensor does not warrant that the Software is free 1.407 +from any error, that it will operate without interruption, that it will 1.408 +be compatible with the Licensee's own equipment and software 1.409 +configuration, nor that it will meet the Licensee's requirements. 1.410 + 1.411 +9.4 The Licensor does not either expressly or tacitly warrant that the 1.412 +Software does not infringe any third party intellectual property right 1.413 +relating to a patent, software or any other property right. Therefore, 1.414 +the Licensor disclaims any and all liability towards the Licensee 1.415 +arising out of any or all proceedings for infringement that may be 1.416 +instituted in respect of the use, modification and redistribution of the 1.417 +Software. Nevertheless, should such proceedings be instituted against 1.418 +the Licensee, the Licensor shall provide it with technical and legal 1.419 +assistance for its defense. Such technical and legal assistance shall be 1.420 +decided on a case-by-case basis between the relevant Licensor and the 1.421 +Licensee pursuant to a memorandum of understanding. The Licensor 1.422 +disclaims any and all liability as regards the Licensee's use of the 1.423 +name of the Software. No warranty is given as regards the existence of 1.424 +prior rights over the name of the Software or as regards the existence 1.425 +of a trademark. 1.426 + 1.427 + 1.428 + Article 10 - TERMINATION 1.429 + 1.430 +10.1 In the event of a breach by the Licensee of its obligations 1.431 +hereunder, the Licensor may automatically terminate this Agreement 1.432 +thirty (30) days after notice has been sent to the Licensee and has 1.433 +remained ineffective. 1.434 + 1.435 +10.2 A Licensee whose Agreement is terminated shall no longer be 1.436 +authorized to use, modify or distribute the Software. However, any 1.437 +licenses that it may have granted prior to termination of the Agreement 1.438 +shall remain valid subject to their having been granted in compliance 1.439 +with the terms and conditions hereof. 1.440 + 1.441 + 1.442 + Article 11 - MISCELLANEOUS 1.443 + 1.444 + 1.445 + 11.1 EXCUSABLE EVENTS 1.446 + 1.447 +Neither Party shall be liable for any or all delay, or failure to 1.448 +perform the Agreement, that may be attributable to an event of force 1.449 +majeure, an act of God or an outside cause, such as defective 1.450 +functioning or interruptions of the electricity or telecommunications 1.451 +networks, network paralysis following a virus attack, intervention by 1.452 +government authorities, natural disasters, water damage, earthquakes, 1.453 +fire, explosions, strikes and labor unrest, war, etc. 1.454 + 1.455 +11.2 Any failure by either Party, on one or more occasions, to invoke 1.456 +one or more of the provisions hereof, shall under no circumstances be 1.457 +interpreted as being a waiver by the interested Party of its right to 1.458 +invoke said provision(s) subsequently. 1.459 + 1.460 +11.3 The Agreement cancels and replaces any or all previous agreements, 1.461 +whether written or oral, between the Parties and having the same 1.462 +purpose, and constitutes the entirety of the agreement between said 1.463 +Parties concerning said purpose. No supplement or modification to the 1.464 +terms and conditions hereof shall be effective as between the Parties 1.465 +unless it is made in writing and signed by their duly authorized 1.466 +representatives. 1.467 + 1.468 +11.4 In the event that one or more of the provisions hereof were to 1.469 +conflict with a current or future applicable act or legislative text, 1.470 +said act or legislative text shall prevail, and the Parties shall make 1.471 +the necessary amendments so as to comply with said act or legislative 1.472 +text. All other provisions shall remain effective. Similarly, invalidity 1.473 +of a provision of the Agreement, for any reason whatsoever, shall not 1.474 +cause the Agreement as a whole to be invalid. 1.475 + 1.476 + 1.477 + 11.5 LANGUAGE 1.478 + 1.479 +The Agreement is drafted in both French and English and both versions 1.480 +are deemed authentic. 1.481 + 1.482 + 1.483 + Article 12 - NEW VERSIONS OF THE AGREEMENT 1.484 + 1.485 +12.1 Any person is authorized to duplicate and distribute copies of this 1.486 +Agreement. 1.487 + 1.488 +12.2 So as to ensure coherence, the wording of this Agreement is 1.489 +protected and may only be modified by the authors of the License, who 1.490 +reserve the right to periodically publish updates or new versions of the 1.491 +Agreement, each with a separate number. These subsequent versions may 1.492 +address new issues encountered by Free Software. 1.493 + 1.494 +12.3 Any Software distributed under a given version of the Agreement 1.495 +may only be subsequently distributed under the same version of the 1.496 +Agreement or a subsequent version. 1.497 + 1.498 + 1.499 + Article 13 - GOVERNING LAW AND JURISDICTION 1.500 + 1.501 +13.1 The Agreement is governed by French law. The Parties agree to 1.502 +endeavor to seek an amicable solution to any disagreements or disputes 1.503 +that may arise during the performance of the Agreement. 1.504 + 1.505 +13.2 Failing an amicable solution within two (2) months as from their 1.506 +occurrence, and unless emergency proceedings are necessary, the 1.507 +disagreements or disputes shall be referred to the Paris Courts having 1.508 +jurisdiction, by the more diligent Party. 1.509 + 1.510 + 1.511 +Version 1.0 dated 2006-07-12.