PTdecode/CImg-1.3.0/Licence_CeCILL_V2-en.txt

Fri, 25 Sep 2009 10:50:44 +0100

author
Philip Pemberton <philpem@philpem.me.uk>
date
Fri, 25 Sep 2009 10:50:44 +0100
changeset 21
629637abfe1f
parent 5
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permissions
-rwxr-xr-x

added dots-per-inch to status readback

     2                CeCILL FREE SOFTWARE LICENSE AGREEMENT
     5     Notice
     7 This Agreement is a Free Software license agreement that is the result
     8 of discussions between its authors in order to ensure compliance with
     9 the two main principles guiding its drafting:
    11     * firstly, compliance with the principles governing the distribution
    12       of Free Software: access to source code, broad rights granted to
    13       users,
    14     * secondly, the election of a governing law, French law, with which
    15       it is conformant, both as regards the law of torts and
    16       intellectual property law, and the protection that it offers to
    17       both authors and holders of the economic rights over software.
    19 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre])
    20 license are:
    22 Commissariat à l'Energie Atomique - CEA, a public scientific, technical
    23 and industrial research establishment, having its principal place of 
    24 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
    26 Centre National de la Recherche Scientifique - CNRS, a public scientific
    27 and technological research establishment, having its principal place of 
    28 business at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
    30 Institut National de Recherche en Informatique et en Automatique -
    31 INRIA, a public scientific and technological establishment, having its
    32 principal place of business at Domaine de Voluceau, Rocquencourt, BP
    33 105, 78153 Le Chesnay cedex, France.
    36     Preamble
    38 The purpose of this Free Software license agreement is to grant users
    39 the right to modify and redistribute the software governed by this
    40 license within the framework of an open source distribution model.
    42 The exercising of these rights is conditional upon certain obligations
    43 for users so as to preserve this status for all subsequent redistributions.
    45 In consideration of access to the source code and the rights to copy,
    46 modify and redistribute granted by the license, users are provided only
    47 with a limited warranty and the software's author, the holder of the
    48 economic rights, and the successive licensors only have limited liability.
    50 In this respect, the risks associated with loading, using, modifying
    51 and/or developing or reproducing the software by the user are brought to
    52 the user's attention, given its Free Software status, which may make it
    53 complicated to use, with the result that its use is reserved for
    54 developers and experienced professionals having in-depth computer
    55 knowledge. Users are therefore encouraged to load and test the suitability
    56 of the software as regards their requirements in conditions enabling 
    57 the security of their systems and/or data to be ensured and, more 
    58 generally, to use and operate it in the same conditions of security. 
    59 This Agreement may be freely reproduced and published, provided it is not
    60 altered, and that no provisions are either added or removed herefrom.
    62 This Agreement may apply to any or all software for which the holder of
    63 the economic rights decides to submit the use thereof to its provisions.
    66     Article 1 - DEFINITIONS
    68 For the purpose of this Agreement, when the following expressions
    69 commence with a capital letter, they shall have the following meaning:
    71 Agreement: means this license agreement, and its possible subsequent
    72 versions and annexes.
    74 Software: means the software in its Object Code and/or Source Code form
    75 and, where applicable, its documentation, "as is" when the Licensee
    76 accepts the Agreement.
    78 Initial Software: means the Software in its Source Code and possibly its
    79 Object Code form and, where applicable, its documentation, "as is" when
    80 it is first distributed under the terms and conditions of the Agreement.
    82 Modified Software: means the Software modified by at least one
    83 Contribution.
    85 Source Code: means all the Software's instructions and program lines to
    86 which access is required so as to modify the Software.
    88 Object Code: means the binary files originating from the compilation of
    89 the Source Code.
    91 Holder: means the holder(s) of the economic rights over the Initial
    92 Software.
    94 Licensee: means the Software user(s) having accepted the Agreement.
    96 Contributor: means a Licensee having made at least one Contribution.
    98 Licensor: means the Holder, or any other individual or legal entity, who
    99 distributes the Software under the Agreement.
   101 Contribution: means any or all modifications, corrections, translations,
   102 adaptations and/or new functions integrated into the Software by any or
   103 all Contributors, as well as any or all Internal Modules.
   105 Module: means a set of sources files including their documentation that
   106 enables supplementary functions or services in addition to those offered
   107 by the Software.
   109 External Module: means any or all Modules, not derived from the
   110 Software, so that this Module and the Software run in separate address
   111 spaces, with one calling the other when they are run.
   113 Internal Module: means any or all Module, connected to the Software so
   114 that they both execute in the same address space.
   116 GNU GPL: means the GNU General Public License version 2 or any
   117 subsequent version, as published by the Free Software Foundation Inc.
   119 Parties: mean both the Licensee and the Licensor.
   121 These expressions may be used both in singular and plural form.
   124     Article 2 - PURPOSE
   126 The purpose of the Agreement is the grant by the Licensor to the
   127 Licensee of a non-exclusive, transferable and worldwide license for the
   128 Software as set forth in Article 5 hereinafter for the whole term of the 
   129 protection granted by the rights over said Software.
   132     Article 3 - ACCEPTANCE
   134 3.1 The Licensee shall be deemed as having accepted the terms and
   135 conditions of this Agreement upon the occurrence of the first of the
   136 following events:
   138     * (i) loading the Software by any or all means, notably, by
   139       downloading from a remote server, or by loading from a physical
   140       medium;
   141     * (ii) the first time the Licensee exercises any of the rights
   142       granted hereunder.
   144 3.2 One copy of the Agreement, containing a notice relating to the
   145 characteristics of the Software, to the limited warranty, and to the
   146 fact that its use is restricted to experienced users has been provided
   147 to the Licensee prior to its acceptance as set forth in Article 3.1
   148 hereinabove, and the Licensee hereby acknowledges that it has read and 
   149 understood it.
   152     Article 4 - EFFECTIVE DATE AND TERM
   155       4.1 EFFECTIVE DATE
   157 The Agreement shall become effective on the date when it is accepted by
   158 the Licensee as set forth in Article 3.1.
   161       4.2 TERM
   163 The Agreement shall remain in force for the entire legal term of
   164 protection of the economic rights over the Software.
   167     Article 5 - SCOPE OF RIGHTS GRANTED
   169 The Licensor hereby grants to the Licensee, who accepts, the following
   170 rights over the Software for any or all use, and for the term of the
   171 Agreement, on the basis of the terms and conditions set forth hereinafter.
   173 Besides, if the Licensor owns or comes to own one or more patents
   174 protecting all or part of the functions of the Software or of its
   175 components, the Licensor undertakes not to enforce the rights granted by
   176 these patents against successive Licensees using, exploiting or
   177 modifying the Software. If these patents are transferred, the Licensor
   178 undertakes to have the transferees subscribe to the obligations set
   179 forth in this paragraph.
   182       5.1 RIGHT OF USE
   184 The Licensee is authorized to use the Software, without any limitation
   185 as to its fields of application, with it being hereinafter specified
   186 that this comprises:
   188    1. permanent or temporary reproduction of all or part of the Software
   189       by any or all means and in any or all form.
   191    2. loading, displaying, running, or storing the Software on any or
   192       all medium.
   194    3. entitlement to observe, study or test its operation so as to
   195       determine the ideas and principles behind any or all constituent
   196       elements of said Software. This shall apply when the Licensee
   197       carries out any or all loading, displaying, running, transmission
   198       or storage operation as regards the Software, that it is entitled
   199       to carry out hereunder.
   202       5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
   204 The right to make Contributions includes the right to translate, adapt,
   205 arrange, or make any or all modifications to the Software, and the right
   206 to reproduce the resulting software.
   208 The Licensee is authorized to make any or all Contributions to the
   209 Software provided that it includes an explicit notice that it is the
   210 author of said Contribution and indicates the date of the creation thereof.
   213       5.3 RIGHT OF DISTRIBUTION
   215 In particular, the right of distribution includes the right to publish,
   216 transmit and communicate the Software to the general public on any or
   217 all medium, and by any or all means, and the right to market, either in
   218 consideration of a fee, or free of charge, one or more copies of the
   219 Software by any means.
   221 The Licensee is further authorized to distribute copies of the modified
   222 or unmodified Software to third parties according to the terms and
   223 conditions set forth hereinafter.
   226         5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
   228 The Licensee is authorized to distribute true copies of the Software in
   229 Source Code or Object Code form, provided that said distribution
   230 complies with all the provisions of the Agreement and is accompanied by:
   232    1. a copy of the Agreement,
   234    2. a notice relating to the limitation of both the Licensor's
   235       warranty and liability as set forth in Articles 8 and 9,
   237 and that, in the event that only the Object Code of the Software is
   238 redistributed, the Licensee allows future Licensees unhindered access to
   239 the full Source Code of the Software by indicating how to access it, it
   240 being understood that the additional cost of acquiring the Source Code
   241 shall not exceed the cost of transferring the data.
   244         5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
   246 When the Licensee makes a Contribution to the Software, the terms and
   247 conditions for the distribution of the resulting Modified Software 
   248 become subject to all the provisions of this Agreement.
   250 The Licensee is authorized to distribute the Modified Software, in
   251 source code or object code form, provided that said distribution
   252 complies with all the provisions of the Agreement and is accompanied by:
   254    1. a copy of the Agreement,
   256    2. a notice relating to the limitation of both the Licensor's
   257       warranty and liability as set forth in Articles 8 and 9,
   259 and that, in the event that only the Object Code of the Modified
   260 Software is redistributed, the Licensee allows future Licensees
   261 unhindered access to the full source code of the Modified Software by
   262 indicating how to access it, it being understood that the additional
   263 cost of acquiring the source code shall not exceed the cost of
   264 transferring the data.
   267         5.3.3 DISTRIBUTION OF EXTERNAL MODULES
   269 When the Licensee has developed an External Module, the terms and
   270 conditions of this Agreement do not apply to said External Module, that
   271 may be distributed under a separate license agreement.
   274         5.3.4 COMPATIBILITY WITH THE GNU GPL
   276 The Licensee can include a code that is subject to the provisions of one
   277 of the versions of the GNU GPL in the Modified or unmodified Software,
   278 and distribute that entire code under the terms of the same version of
   279 the GNU GPL.
   281 The Licensee can include the Modified or unmodified Software in a code
   282 that is subject to the provisions of one of the versions of the GNU GPL,
   283 and distribute that entire code under the terms of the same version of
   284 the GNU GPL.
   287     Article 6 - INTELLECTUAL PROPERTY
   290       6.1 OVER THE INITIAL SOFTWARE
   292 The Holder owns the economic rights over the Initial Software. Any or
   293 all use of the Initial Software is subject to compliance with the terms
   294 and conditions under which the Holder has elected to distribute its work
   295 and no one shall be entitled to modify the terms and conditions for the
   296 distribution of said Initial Software.
   298 The Holder undertakes that the Initial Software will remain ruled at
   299 least by the current license, for the duration set forth in Article 4.2.
   302       6.2 OVER THE CONTRIBUTIONS
   304 A Licensee who develops a Contribution is the owner of the intellectual
   305 property rights over this Contribution as defined by applicable law.
   308       6.3 OVER THE EXTERNAL MODULES
   310 A Licensee who develops an External Module is the owner of the
   311 intellectual property rights over this External Module as defined by
   312 applicable law and is free to choose the type of agreement that shall
   313 govern its distribution.
   316       6.4 JOINT PROVISIONS
   318 The Licensee expressly undertakes:
   320    1. not to remove, or modify, in any manner, the intellectual property
   321       notices attached to the Software;
   323    2. to reproduce said notices, in an identical manner, in the copies
   324       of the Software modified or not.
   326 The Licensee undertakes not to directly or indirectly infringe the
   327 intellectual property rights of the Holder and/or Contributors on the
   328 Software and to take, where applicable, vis-à-vis its staff, any and all
   329 measures required to ensure respect of said intellectual property rights
   330 of the Holder and/or Contributors.
   333     Article 7 - RELATED SERVICES
   335 7.1 Under no circumstances shall the Agreement oblige the Licensor to
   336 provide technical assistance or maintenance services for the Software.
   338 However, the Licensor is entitled to offer this type of services. The
   339 terms and conditions of such technical assistance, and/or such
   340 maintenance, shall be set forth in a separate instrument. Only the
   341 Licensor offering said maintenance and/or technical assistance services
   342 shall incur liability therefor.
   344 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
   345 its sole responsibility, a warranty, that shall only be binding upon
   346 itself, for the redistribution of the Software and/or the Modified
   347 Software, under terms and conditions that it is free to decide. Said
   348 warranty, and the financial terms and conditions of its application,
   349 shall be subject of a separate instrument executed between the Licensor
   350 and the Licensee.
   353     Article 8 - LIABILITY
   355 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
   356 entitled to claim compensation for any direct loss it may have suffered
   357 from the Software as a result of a fault on the part of the relevant
   358 Licensor, subject to providing evidence thereof.
   360 8.2 The Licensor's liability is limited to the commitments made under
   361 this Agreement and shall not be incurred as a result of in particular:
   362 (i) loss due the Licensee's total or partial failure to fulfill its
   363 obligations, (ii) direct or consequential loss that is suffered by the
   364 Licensee due to the use or performance of the Software, and (iii) more
   365 generally, any consequential loss. In particular the Parties expressly
   366 agree that any or all pecuniary or business loss (i.e. loss of data,
   367 loss of profits, operating loss, loss of customers or orders,
   368 opportunity cost, any disturbance to business activities) or any or all
   369 legal proceedings instituted against the Licensee by a third party,
   370 shall constitute consequential loss and shall not provide entitlement to
   371 any or all compensation from the Licensor.
   374     Article 9 - WARRANTY
   376 9.1 The Licensee acknowledges that the scientific and technical
   377 state-of-the-art when the Software was distributed did not enable all
   378 possible uses to be tested and verified, nor for the presence of
   379 possible defects to be detected. In this respect, the Licensee's
   380 attention has been drawn to the risks associated with loading, using,
   381 modifying and/or developing and reproducing the Software which are
   382 reserved for experienced users.
   384 The Licensee shall be responsible for verifying, by any or all means,
   385 the suitability of the product for its requirements, its good working order,
   386 and for ensuring that it shall not cause damage to either persons or
   387 properties.
   389 9.2 The Licensor hereby represents, in good faith, that it is entitled
   390 to grant all the rights over the Software (including in particular the
   391 rights set forth in Article 5).
   393 9.3 The Licensee acknowledges that the Software is supplied "as is" by
   394 the Licensor without any other express or tacit warranty, other than
   395 that provided for in Article 9.2 and, in particular, without any warranty
   396 as to its commercial value, its secured, safe, innovative or relevant 
   397 nature.
   399 Specifically, the Licensor does not warrant that the Software is free
   400 from any error, that it will operate without interruption, that it will
   401 be compatible with the Licensee's own equipment and software
   402 configuration, nor that it will meet the Licensee's requirements.
   404 9.4 The Licensor does not either expressly or tacitly warrant that the
   405 Software does not infringe any third party intellectual property right
   406 relating to a patent, software or any other property right. Therefore,
   407 the Licensor disclaims any and all liability towards the Licensee
   408 arising out of any or all proceedings for infringement that may be
   409 instituted in respect of the use, modification and redistribution of the
   410 Software. Nevertheless, should such proceedings be instituted against
   411 the Licensee, the Licensor shall provide it with technical and legal
   412 assistance for its defense. Such technical and legal assistance shall be
   413 decided on a case-by-case basis between the relevant Licensor and the
   414 Licensee pursuant to a memorandum of understanding. The Licensor
   415 disclaims any and all liability as regards the Licensee's use of the
   416 name of the Software. No warranty is given as regards the existence of
   417 prior rights over the name of the Software or as regards the existence
   418 of a trademark.
   421     Article 10 - TERMINATION
   423 10.1 In the event of a breach by the Licensee of its obligations
   424 hereunder, the Licensor may automatically terminate this Agreement
   425 thirty (30) days after notice has been sent to the Licensee and has
   426 remained ineffective.
   428 10.2 A Licensee whose Agreement is terminated shall no longer be
   429 authorized to use, modify or distribute the Software. However, any
   430 licenses that it may have granted prior to termination of the Agreement
   431 shall remain valid subject to their having been granted in compliance
   432 with the terms and conditions hereof.
   435     Article 11 - MISCELLANEOUS
   438       11.1 EXCUSABLE EVENTS
   440 Neither Party shall be liable for any or all delay, or failure to
   441 perform the Agreement, that may be attributable to an event of force
   442 majeure, an act of God or an outside cause, such as defective
   443 functioning or interruptions of the electricity or telecommunications
   444 networks, network paralysis following a virus attack, intervention by
   445 government authorities, natural disasters, water damage, earthquakes,
   446 fire, explosions, strikes and labor unrest, war, etc.
   448 11.2 Any failure by either Party, on one or more occasions, to invoke
   449 one or more of the provisions hereof, shall under no circumstances be
   450 interpreted as being a waiver by the interested Party of its right to
   451 invoke said provision(s) subsequently.
   453 11.3 The Agreement cancels and replaces any or all previous agreements,
   454 whether written or oral, between the Parties and having the same
   455 purpose, and constitutes the entirety of the agreement between said
   456 Parties concerning said purpose. No supplement or modification to the
   457 terms and conditions hereof shall be effective as between the Parties
   458 unless it is made in writing and signed by their duly authorized
   459 representatives.
   461 11.4 In the event that one or more of the provisions hereof were to
   462 conflict with a current or future applicable act or legislative text,
   463 said act or legislative text shall prevail, and the Parties shall make
   464 the necessary amendments so as to comply with said act or legislative
   465 text. All other provisions shall remain effective. Similarly, invalidity
   466 of a provision of the Agreement, for any reason whatsoever, shall not
   467 cause the Agreement as a whole to be invalid.
   470       11.5 LANGUAGE
   472 The Agreement is drafted in both French and English and both versions
   473 are deemed authentic.
   476     Article 12 - NEW VERSIONS OF THE AGREEMENT
   478 12.1 Any person is authorized to duplicate and distribute copies of this
   479 Agreement.
   481 12.2 So as to ensure coherence, the wording of this Agreement is
   482 protected and may only be modified by the authors of the License, who
   483 reserve the right to periodically publish updates or new versions of the
   484 Agreement, each with a separate number. These subsequent versions may
   485 address new issues encountered by Free Software.
   487 12.3 Any Software distributed under a given version of the Agreement may
   488 only be subsequently distributed under the same version of the Agreement
   489 or a subsequent version, subject to the provisions of Article 5.3.4.
   492     Article 13 - GOVERNING LAW AND JURISDICTION
   494 13.1 The Agreement is governed by French law. The Parties agree to
   495 endeavor to seek an amicable solution to any disagreements or disputes
   496 that may arise during the performance of the Agreement.
   498 13.2 Failing an amicable solution within two (2) months as from their
   499 occurrence, and unless emergency proceedings are necessary, the
   500 disagreements or disputes shall be referred to the Paris Courts having
   501 jurisdiction, by the more diligent Party.
   504 Version 2.0 dated 2006-07-12.