Wed, 05 Aug 2009 17:32:05 +0100
updated README
1 This package was debianized by François-Xavier Dupé <fdupe@greyc.ensicaen.fr> on
2 Tue, 18 Apr 2007.
4 It was downloaded from http://cimg.sourceforge.net/
6 Upstream Author: David Tschumperlé <http://www.greyc.ensicaen.fr/~dtschump/>
8 Copyright (c) David Tschumperlé
10 The CImg Library is distributed under two distinct licenses : the library core itself is governed by
11 the CeCILL-C License (LGPL-like), while all other files of the package are distributed under the CeCILL
12 License (GPL-compatible). Both are open source licenses, the CeCILL-C being less restrictive than the
13 CeCILL one.
14 The CImg Library source code has been registered to the APP (French Agency for the Protection of Programs)
15 by the INRIA, under registration number IDDN.FR.001.040004.000.S.P.2004.000.21000.
17 For more information GPL and LGPL can be found in the repertory
18 can be found in the file `/usr/share/common-licenses' on Debian systems.
20 CeCill License:
22 CeCILL FREE SOFTWARE LICENSE AGREEMENT
25 Notice
27 This Agreement is a Free Software license agreement that is the result
28 of discussions between its authors in order to ensure compliance with
29 the two main principles guiding its drafting:
31 * firstly, compliance with the principles governing the distribution
32 of Free Software: access to source code, broad rights granted to
33 users,
34 * secondly, the election of a governing law, French law, with which
35 it is conformant, both as regards the law of torts and
36 intellectual property law, and the protection that it offers to
37 both authors and holders of the economic rights over software.
39 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre])
40 license are:
42 Commissariat à l'Energie Atomique - CEA, a public scientific, technical
43 and industrial research establishment, having its principal place of
44 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
46 Centre National de la Recherche Scientifique - CNRS, a public scientific
47 and technological research establishment, having its principal place of
48 business at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
50 Institut National de Recherche en Informatique et en Automatique -
51 INRIA, a public scientific and technological establishment, having its
52 principal place of business at Domaine de Voluceau, Rocquencourt, BP
53 105, 78153 Le Chesnay cedex, France.
56 Preamble
58 The purpose of this Free Software license agreement is to grant users
59 the right to modify and redistribute the software governed by this
60 license within the framework of an open source distribution model.
62 The exercising of these rights is conditional upon certain obligations
63 for users so as to preserve this status for all subsequent redistributions.
65 In consideration of access to the source code and the rights to copy,
66 modify and redistribute granted by the license, users are provided only
67 with a limited warranty and the software's author, the holder of the
68 economic rights, and the successive licensors only have limited liability.
70 In this respect, the risks associated with loading, using, modifying
71 and/or developing or reproducing the software by the user are brought to
72 the user's attention, given its Free Software status, which may make it
73 complicated to use, with the result that its use is reserved for
74 developers and experienced professionals having in-depth computer
75 knowledge. Users are therefore encouraged to load and test the suitability
76 of the software as regards their requirements in conditions enabling
77 the security of their systems and/or data to be ensured and, more
78 generally, to use and operate it in the same conditions of security.
79 This Agreement may be freely reproduced and published, provided it is not
80 altered, and that no provisions are either added or removed herefrom.
82 This Agreement may apply to any or all software for which the holder of
83 the economic rights decides to submit the use thereof to its provisions.
86 Article 1 - DEFINITIONS
88 For the purpose of this Agreement, when the following expressions
89 commence with a capital letter, they shall have the following meaning:
91 Agreement: means this license agreement, and its possible subsequent
92 versions and annexes.
94 Software: means the software in its Object Code and/or Source Code form
95 and, where applicable, its documentation, "as is" when the Licensee
96 accepts the Agreement.
98 Initial Software: means the Software in its Source Code and possibly its
99 Object Code form and, where applicable, its documentation, "as is" when
100 it is first distributed under the terms and conditions of the Agreement.
102 Modified Software: means the Software modified by at least one
103 Contribution.
105 Source Code: means all the Software's instructions and program lines to
106 which access is required so as to modify the Software.
108 Object Code: means the binary files originating from the compilation of
109 the Source Code.
111 Holder: means the holder(s) of the economic rights over the Initial
112 Software.
114 Licensee: means the Software user(s) having accepted the Agreement.
116 Contributor: means a Licensee having made at least one Contribution.
118 Licensor: means the Holder, or any other individual or legal entity, who
119 distributes the Software under the Agreement.
121 Contribution: means any or all modifications, corrections, translations,
122 adaptations and/or new functions integrated into the Software by any or
123 all Contributors, as well as any or all Internal Modules.
125 Module: means a set of sources files including their documentation that
126 enables supplementary functions or services in addition to those offered
127 by the Software.
129 External Module: means any or all Modules, not derived from the
130 Software, so that this Module and the Software run in separate address
131 spaces, with one calling the other when they are run.
133 Internal Module: means any or all Module, connected to the Software so
134 that they both execute in the same address space.
136 GNU GPL: means the GNU General Public License version 2 or any
137 subsequent version, as published by the Free Software Foundation Inc.
139 Parties: mean both the Licensee and the Licensor.
141 These expressions may be used both in singular and plural form.
144 Article 2 - PURPOSE
146 The purpose of the Agreement is the grant by the Licensor to the
147 Licensee of a non-exclusive, transferable and worldwide license for the
148 Software as set forth in Article 5 hereinafter for the whole term of the
149 protection granted by the rights over said Software.
152 Article 3 - ACCEPTANCE
154 3.1 The Licensee shall be deemed as having accepted the terms and
155 conditions of this Agreement upon the occurrence of the first of the
156 following events:
158 * (i) loading the Software by any or all means, notably, by
159 downloading from a remote server, or by loading from a physical
160 medium;
161 * (ii) the first time the Licensee exercises any of the rights
162 granted hereunder.
164 3.2 One copy of the Agreement, containing a notice relating to the
165 characteristics of the Software, to the limited warranty, and to the
166 fact that its use is restricted to experienced users has been provided
167 to the Licensee prior to its acceptance as set forth in Article 3.1
168 hereinabove, and the Licensee hereby acknowledges that it has read and
169 understood it.
172 Article 4 - EFFECTIVE DATE AND TERM
175 4.1 EFFECTIVE DATE
177 The Agreement shall become effective on the date when it is accepted by
178 the Licensee as set forth in Article 3.1.
181 4.2 TERM
183 The Agreement shall remain in force for the entire legal term of
184 protection of the economic rights over the Software.
187 Article 5 - SCOPE OF RIGHTS GRANTED
189 The Licensor hereby grants to the Licensee, who accepts, the following
190 rights over the Software for any or all use, and for the term of the
191 Agreement, on the basis of the terms and conditions set forth hereinafter.
193 Besides, if the Licensor owns or comes to own one or more patents
194 protecting all or part of the functions of the Software or of its
195 components, the Licensor undertakes not to enforce the rights granted by
196 these patents against successive Licensees using, exploiting or
197 modifying the Software. If these patents are transferred, the Licensor
198 undertakes to have the transferees subscribe to the obligations set
199 forth in this paragraph.
202 5.1 RIGHT OF USE
204 The Licensee is authorized to use the Software, without any limitation
205 as to its fields of application, with it being hereinafter specified
206 that this comprises:
208 1. permanent or temporary reproduction of all or part of the Software
209 by any or all means and in any or all form.
211 2. loading, displaying, running, or storing the Software on any or
212 all medium.
214 3. entitlement to observe, study or test its operation so as to
215 determine the ideas and principles behind any or all constituent
216 elements of said Software. This shall apply when the Licensee
217 carries out any or all loading, displaying, running, transmission
218 or storage operation as regards the Software, that it is entitled
219 to carry out hereunder.
222 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
224 The right to make Contributions includes the right to translate, adapt,
225 arrange, or make any or all modifications to the Software, and the right
226 to reproduce the resulting software.
228 The Licensee is authorized to make any or all Contributions to the
229 Software provided that it includes an explicit notice that it is the
230 author of said Contribution and indicates the date of the creation thereof.
233 5.3 RIGHT OF DISTRIBUTION
235 In particular, the right of distribution includes the right to publish,
236 transmit and communicate the Software to the general public on any or
237 all medium, and by any or all means, and the right to market, either in
238 consideration of a fee, or free of charge, one or more copies of the
239 Software by any means.
241 The Licensee is further authorized to distribute copies of the modified
242 or unmodified Software to third parties according to the terms and
243 conditions set forth hereinafter.
246 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
248 The Licensee is authorized to distribute true copies of the Software in
249 Source Code or Object Code form, provided that said distribution
250 complies with all the provisions of the Agreement and is accompanied by:
252 1. a copy of the Agreement,
254 2. a notice relating to the limitation of both the Licensor's
255 warranty and liability as set forth in Articles 8 and 9,
257 and that, in the event that only the Object Code of the Software is
258 redistributed, the Licensee allows future Licensees unhindered access to
259 the full Source Code of the Software by indicating how to access it, it
260 being understood that the additional cost of acquiring the Source Code
261 shall not exceed the cost of transferring the data.
264 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
266 When the Licensee makes a Contribution to the Software, the terms and
267 conditions for the distribution of the resulting Modified Software
268 become subject to all the provisions of this Agreement.
270 The Licensee is authorized to distribute the Modified Software, in
271 source code or object code form, provided that said distribution
272 complies with all the provisions of the Agreement and is accompanied by:
274 1. a copy of the Agreement,
276 2. a notice relating to the limitation of both the Licensor's
277 warranty and liability as set forth in Articles 8 and 9,
279 and that, in the event that only the Object Code of the Modified
280 Software is redistributed, the Licensee allows future Licensees
281 unhindered access to the full source code of the Modified Software by
282 indicating how to access it, it being understood that the additional
283 cost of acquiring the source code shall not exceed the cost of
284 transferring the data.
287 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
289 When the Licensee has developed an External Module, the terms and
290 conditions of this Agreement do not apply to said External Module, that
291 may be distributed under a separate license agreement.
294 5.3.4 COMPATIBILITY WITH THE GNU GPL
296 The Licensee can include a code that is subject to the provisions of one
297 of the versions of the GNU GPL in the Modified or unmodified Software,
298 and distribute that entire code under the terms of the same version of
299 the GNU GPL.
301 The Licensee can include the Modified or unmodified Software in a code
302 that is subject to the provisions of one of the versions of the GNU GPL,
303 and distribute that entire code under the terms of the same version of
304 the GNU GPL.
307 Article 6 - INTELLECTUAL PROPERTY
310 6.1 OVER THE INITIAL SOFTWARE
312 The Holder owns the economic rights over the Initial Software. Any or
313 all use of the Initial Software is subject to compliance with the terms
314 and conditions under which the Holder has elected to distribute its work
315 and no one shall be entitled to modify the terms and conditions for the
316 distribution of said Initial Software.
318 The Holder undertakes that the Initial Software will remain ruled at
319 least by the current license, for the duration set forth in Article 4.2.
322 6.2 OVER THE CONTRIBUTIONS
324 A Licensee who develops a Contribution is the owner of the intellectual
325 property rights over this Contribution as defined by applicable law.
328 6.3 OVER THE EXTERNAL MODULES
330 A Licensee who develops an External Module is the owner of the
331 intellectual property rights over this External Module as defined by
332 applicable law and is free to choose the type of agreement that shall
333 govern its distribution.
336 6.4 JOINT PROVISIONS
338 The Licensee expressly undertakes:
340 1. not to remove, or modify, in any manner, the intellectual property
341 notices attached to the Software;
343 2. to reproduce said notices, in an identical manner, in the copies
344 of the Software modified or not.
346 The Licensee undertakes not to directly or indirectly infringe the
347 intellectual property rights of the Holder and/or Contributors on the
348 Software and to take, where applicable, vis-à-vis its staff, any and all
349 measures required to ensure respect of said intellectual property rights
350 of the Holder and/or Contributors.
353 Article 7 - RELATED SERVICES
355 7.1 Under no circumstances shall the Agreement oblige the Licensor to
356 provide technical assistance or maintenance services for the Software.
358 However, the Licensor is entitled to offer this type of services. The
359 terms and conditions of such technical assistance, and/or such
360 maintenance, shall be set forth in a separate instrument. Only the
361 Licensor offering said maintenance and/or technical assistance services
362 shall incur liability therefor.
364 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
365 its sole responsibility, a warranty, that shall only be binding upon
366 itself, for the redistribution of the Software and/or the Modified
367 Software, under terms and conditions that it is free to decide. Said
368 warranty, and the financial terms and conditions of its application,
369 shall be subject of a separate instrument executed between the Licensor
370 and the Licensee.
373 Article 8 - LIABILITY
375 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
376 entitled to claim compensation for any direct loss it may have suffered
377 from the Software as a result of a fault on the part of the relevant
378 Licensor, subject to providing evidence thereof.
380 8.2 The Licensor's liability is limited to the commitments made under
381 this Agreement and shall not be incurred as a result of in particular:
382 (i) loss due the Licensee's total or partial failure to fulfill its
383 obligations, (ii) direct or consequential loss that is suffered by the
384 Licensee due to the use or performance of the Software, and (iii) more
385 generally, any consequential loss. In particular the Parties expressly
386 agree that any or all pecuniary or business loss (i.e. loss of data,
387 loss of profits, operating loss, loss of customers or orders,
388 opportunity cost, any disturbance to business activities) or any or all
389 legal proceedings instituted against the Licensee by a third party,
390 shall constitute consequential loss and shall not provide entitlement to
391 any or all compensation from the Licensor.
394 Article 9 - WARRANTY
396 9.1 The Licensee acknowledges that the scientific and technical
397 state-of-the-art when the Software was distributed did not enable all
398 possible uses to be tested and verified, nor for the presence of
399 possible defects to be detected. In this respect, the Licensee's
400 attention has been drawn to the risks associated with loading, using,
401 modifying and/or developing and reproducing the Software which are
402 reserved for experienced users.
404 The Licensee shall be responsible for verifying, by any or all means,
405 the suitability of the product for its requirements, its good working order,
406 and for ensuring that it shall not cause damage to either persons or
407 properties.
409 9.2 The Licensor hereby represents, in good faith, that it is entitled
410 to grant all the rights over the Software (including in particular the
411 rights set forth in Article 5).
413 9.3 The Licensee acknowledges that the Software is supplied "as is" by
414 the Licensor without any other express or tacit warranty, other than
415 that provided for in Article 9.2 and, in particular, without any warranty
416 as to its commercial value, its secured, safe, innovative or relevant
417 nature.
419 Specifically, the Licensor does not warrant that the Software is free
420 from any error, that it will operate without interruption, that it will
421 be compatible with the Licensee's own equipment and software
422 configuration, nor that it will meet the Licensee's requirements.
424 9.4 The Licensor does not either expressly or tacitly warrant that the
425 Software does not infringe any third party intellectual property right
426 relating to a patent, software or any other property right. Therefore,
427 the Licensor disclaims any and all liability towards the Licensee
428 arising out of any or all proceedings for infringement that may be
429 instituted in respect of the use, modification and redistribution of the
430 Software. Nevertheless, should such proceedings be instituted against
431 the Licensee, the Licensor shall provide it with technical and legal
432 assistance for its defense. Such technical and legal assistance shall be
433 decided on a case-by-case basis between the relevant Licensor and the
434 Licensee pursuant to a memorandum of understanding. The Licensor
435 disclaims any and all liability as regards the Licensee's use of the
436 name of the Software. No warranty is given as regards the existence of
437 prior rights over the name of the Software or as regards the existence
438 of a trademark.
441 Article 10 - TERMINATION
443 10.1 In the event of a breach by the Licensee of its obligations
444 hereunder, the Licensor may automatically terminate this Agreement
445 thirty (30) days after notice has been sent to the Licensee and has
446 remained ineffective.
448 10.2 A Licensee whose Agreement is terminated shall no longer be
449 authorized to use, modify or distribute the Software. However, any
450 licenses that it may have granted prior to termination of the Agreement
451 shall remain valid subject to their having been granted in compliance
452 with the terms and conditions hereof.
455 Article 11 - MISCELLANEOUS
458 11.1 EXCUSABLE EVENTS
460 Neither Party shall be liable for any or all delay, or failure to
461 perform the Agreement, that may be attributable to an event of force
462 majeure, an act of God or an outside cause, such as defective
463 functioning or interruptions of the electricity or telecommunications
464 networks, network paralysis following a virus attack, intervention by
465 government authorities, natural disasters, water damage, earthquakes,
466 fire, explosions, strikes and labor unrest, war, etc.
468 11.2 Any failure by either Party, on one or more occasions, to invoke
469 one or more of the provisions hereof, shall under no circumstances be
470 interpreted as being a waiver by the interested Party of its right to
471 invoke said provision(s) subsequently.
473 11.3 The Agreement cancels and replaces any or all previous agreements,
474 whether written or oral, between the Parties and having the same
475 purpose, and constitutes the entirety of the agreement between said
476 Parties concerning said purpose. No supplement or modification to the
477 terms and conditions hereof shall be effective as between the Parties
478 unless it is made in writing and signed by their duly authorized
479 representatives.
481 11.4 In the event that one or more of the provisions hereof were to
482 conflict with a current or future applicable act or legislative text,
483 said act or legislative text shall prevail, and the Parties shall make
484 the necessary amendments so as to comply with said act or legislative
485 text. All other provisions shall remain effective. Similarly, invalidity
486 of a provision of the Agreement, for any reason whatsoever, shall not
487 cause the Agreement as a whole to be invalid.
490 11.5 LANGUAGE
492 The Agreement is drafted in both French and English and both versions
493 are deemed authentic.
496 Article 12 - NEW VERSIONS OF THE AGREEMENT
498 12.1 Any person is authorized to duplicate and distribute copies of this
499 Agreement.
501 12.2 So as to ensure coherence, the wording of this Agreement is
502 protected and may only be modified by the authors of the License, who
503 reserve the right to periodically publish updates or new versions of the
504 Agreement, each with a separate number. These subsequent versions may
505 address new issues encountered by Free Software.
507 12.3 Any Software distributed under a given version of the Agreement may
508 only be subsequently distributed under the same version of the Agreement
509 or a subsequent version, subject to the provisions of Article 5.3.4.
512 Article 13 - GOVERNING LAW AND JURISDICTION
514 13.1 The Agreement is governed by French law. The Parties agree to
515 endeavor to seek an amicable solution to any disagreements or disputes
516 that may arise during the performance of the Agreement.
518 13.2 Failing an amicable solution within two (2) months as from their
519 occurrence, and unless emergency proceedings are necessary, the
520 disagreements or disputes shall be referred to the Paris Courts having
521 jurisdiction, by the more diligent Party.
524 Version 2.0 dated 2006-07-12.
526 CeCill-C license:
529 CeCILL-C FREE SOFTWARE LICENSE AGREEMENT
532 Notice
534 This Agreement is a Free Software license agreement that is the result
535 of discussions between its authors in order to ensure compliance with
536 the two main principles guiding its drafting:
538 * firstly, compliance with the principles governing the distribution
539 of Free Software: access to source code, broad rights granted to
540 users,
541 * secondly, the election of a governing law, French law, with which
542 it is conformant, both as regards the law of torts and
543 intellectual property law, and the protection that it offers to
544 both authors and holders of the economic rights over software.
546 The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre])
547 license are:
549 Commissariat à l'Energie Atomique - CEA, a public scientific, technical
550 and industrial research establishment, having its principal place of
551 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
553 Centre National de la Recherche Scientifique - CNRS, a public scientific
554 and technological establishment, having its principal place of business
555 at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
557 Institut National de Recherche en Informatique et en Automatique -
558 INRIA, a public scientific and technological establishment, having its
559 principal place of business at Domaine de Voluceau, Rocquencourt, BP
560 105, 78153 Le Chesnay cedex, France.
563 Preamble
565 The purpose of this Free Software license agreement is to grant users the
566 right to modify and re-use the software governed by this license.
568 The exercising of this right is conditional on the obligation to make
569 available to the community the modifications made to the source code of the
570 software so as to contribute to its evolution.
572 In consideration of access to the source code and the rights to copy,
573 modify and redistribute granted by the license, users are provided only
574 with a limited warranty and the software's author, the holder of the
575 economic rights, and the successive licensors only have limited liability.
577 In this respect, the risks associated with loading, using, modifying
578 and/or developing or reproducing the software by the user are brought to
579 the user's attention, given its Free Software status, which may make it
580 complicated to use, with the result that its use is reserved for
581 developers and experienced professionals having in-depth computer
582 knowledge. Users are therefore encouraged to load and test the suitability
583 of the software as regards their requirements in conditions enabling the
584 security of their systems and/or data to be ensured and, more generally, to
585 use and operate it in the same conditions of security. This Agreement may be
586 freely reproduced and published, provided it is not altered, and that no
587 provisions are either added or removed herefrom.
589 This Agreement may apply to any or all software for which the holder of
590 the economic rights decides to submit the use thereof to its provisions.
593 Article 1 - DEFINITIONS
595 For the purpose of this Agreement, when the following expressions
596 commence with a capital letter, they shall have the following meaning:
598 Agreement: means this license agreement, and its possible subsequent
599 versions and annexes.
601 Software: means the software in its Object Code and/or Source Code form
602 and, where applicable, its documentation, "as is" when the Licensee
603 accepts the Agreement.
605 Initial Software: means the Software in its Source Code and possibly its
606 Object Code form and, where applicable, its documentation, "as is" when
607 it is first distributed under the terms and conditions of the Agreement.
609 Modified Software: means the Software modified by at least one Integrated
610 Contribution.
612 Source Code: means all the Software's instructions and program lines to
613 which access is required so as to modify the Software.
615 Object Code: means the binary files originating from the compilation of
616 the Source Code.
618 Holder: means the holder(s) of the economic rights over the Initial
619 Software.
621 Licensee: means the Software user(s) having accepted the Agreement.
623 Contributor: means a Licensee having made at least one Integrated
624 Contribution.
626 Licensor: means the Holder, or any other individual or legal entity, who
627 distributes the Software under the Agreement.
629 Integrated Contribution: means any or all modifications, corrections,
630 translations, adaptations and/or new functions integrated into the Source
631 Code by any or all Contributors.
633 Related Module: means a set of sources files including their documentation
634 that, without modification to the Source Code, enables supplementary
635 functions or services in addition to those offered by the Software.
637 Derivative Software: means any combination of the Software, modified or not,
638 and of a Related Module.
640 Parties: mean both the Licensee and the Licensor.
642 These expressions may be used both in singular and plural form.
645 Article 2 - PURPOSE
647 The purpose of the Agreement is the grant by the Licensor to the
648 Licensee of a non-exclusive, transferable and worldwide license for the
649 Software as set forth in Article 5 hereinafter for the whole term of the
650 protection granted by the rights over said Software.
653 Article 3 - ACCEPTANCE
655 3.1 The Licensee shall be deemed as having accepted the terms and
656 conditions of this Agreement upon the occurrence of the first of the
657 following events:
659 * (i) loading the Software by any or all means, notably, by
660 downloading from a remote server, or by loading from a physical
661 medium;
662 * (ii) the first time the Licensee exercises any of the rights
663 granted hereunder.
665 3.2 One copy of the Agreement, containing a notice relating to the
666 characteristics of the Software, to the limited warranty, and to the
667 fact that its use is restricted to experienced users has been provided
668 to the Licensee prior to its acceptance as set forth in Article 3.1
669 hereinabove, and the Licensee hereby acknowledges that it has read and
670 understood it.
673 Article 4 - EFFECTIVE DATE AND TERM
676 4.1 EFFECTIVE DATE
678 The Agreement shall become effective on the date when it is accepted by
679 the Licensee as set forth in Article 3.1.
682 4.2 TERM
684 The Agreement shall remain in force for the entire legal term of
685 protection of the economic rights over the Software.
688 Article 5 - SCOPE OF RIGHTS GRANTED
690 The Licensor hereby grants to the Licensee, who accepts, the following
691 rights over the Software for any or all use, and for the term of the
692 Agreement, on the basis of the terms and conditions set forth hereinafter.
694 Besides, if the Licensor owns or comes to own one or more patents
695 protecting all or part of the functions of the Software or of its
696 components, the Licensor undertakes not to enforce the rights granted by
697 these patents against successive Licensees using, exploiting or
698 modifying the Software. If these patents are transferred, the Licensor
699 undertakes to have the transferees subscribe to the obligations set
700 forth in this paragraph.
703 5.1 RIGHT OF USE
705 The Licensee is authorized to use the Software, without any limitation
706 as to its fields of application, with it being hereinafter specified
707 that this comprises:
709 1. permanent or temporary reproduction of all or part of the Software
710 by any or all means and in any or all form.
711 2. loading, displaying, running, or storing the Software on any or
712 all medium.
713 3. entitlement to observe, study or test its operation so as to
714 determine the ideas and principles behind any or all constituent
715 elements of said Software. This shall apply when the Licensee
716 carries out any or all loading, displaying, running, transmission
717 or storage operation as regards the Software, that it is entitled
718 to carry out hereunder.
721 5.2 RIGHT OF MODIFICATION
723 The right of modification includes the right to translate, adapt, arrange,
724 or make any or all modifications to the Software, and the right to
725 reproduce the resulting Software. It includes, in particular, the right
726 to create a Derivative Software.
728 The Licensee is authorized to make any or all modification to the
729 Software provided that it includes an explicit notice that it is the
730 author of said modification and indicates the date of the creation thereof.
733 5.3 RIGHT OF DISTRIBUTION
735 In particular, the right of distribution includes the right to publish,
736 transmit and communicate the Software to the general public on any or
737 all medium, and by any or all means, and the right to market, either in
738 consideration of a fee, or free of charge, one or more copies of the
739 Software by any means.
741 The Licensee is further authorized to distribute copies of the modified
742 or unmodified Software to third parties according to the terms and
743 conditions set forth hereinafter.
746 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
748 The Licensee is authorized to distribute true copies of the Software in
749 Source Code or Object Code form, provided that said distribution
750 complies with all the provisions of the Agreement and is accompanied by:
752 1. a copy of the Agreement,
754 2. a notice relating to the limitation of both the Licensor's
755 warranty and liability as set forth in Articles 8 and 9,
757 and that, in the event that only the Object Code of the Software is
758 redistributed, the Licensee allows effective access to the full Source Code
759 of the Software at a minimum during the entire period of its distribution
760 of the Software, it being understood that the additional cost of acquiring
761 the Source Code shall not exceed the cost of transferring the data.
764 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
766 When the Licensee makes an Integrated Contribution to the Software, the terms
767 and conditions for the distribution of the resulting Modified Software become
768 subject to all the provisions of this Agreement.
770 The Licensee is authorized to distribute the Modified Software, in source
771 code or object code form, provided that said distribution complies with all
772 the provisions of the Agreement and is accompanied by:
774 1. a copy of the Agreement,
775 2. a notice relating to the limitation of both the Licensor's warranty and
776 liability as set forth in Articles 8 and 9,
778 and that, in the event that only the object code of the Modified Software is
779 redistributed, the Licensee allows effective access to the full source code
780 of the Modified Software at a minimum during the entire period of its
781 distribution of the Modified Software, it being understood that the
782 additional cost of acquiring the source code shall not exceed the cost of
783 transferring the data.
785 5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE
787 When the Licensee creates Derivative Software, this Derivative Software may
788 be distributed under a license agreement other than this Agreement, subject
789 to compliance with the requirement to include a notice concerning the rights
790 over the Software as defined in Article 6.4. In the event the creation of the
791 Derivative Software required modification of the Source Code, the Licensee
792 undertakes that:
794 1. the resulting Modified Software will be governed by this Agreement,
795 2. the Integrated Contributions in the resulting Modified Software will be
796 clearly identified and documented,
797 3. the Licensee will allow effective access to the source code of the
798 Modified Software, at a minimum during the entire period of
799 distribution of the Derivative Software, such that such modifications
800 may be carried over in a subsequent version of the Software; it being
801 understood that the additional cost of purchasing the source code of
802 the Modified Software shall not exceed the cost of transferring the
803 data.
806 5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE
808 When a Modified Software contains an Integrated Contribution subject to the
809 CeCill license agreement, or when a Derivative Software contains a Related
810 Module subject to the CeCill license agreement, the provisions set forth in
811 the third item of Article 6.4 are optional.
814 Article 6 - INTELLECTUAL PROPERTY
817 6.1 OVER THE INITIAL SOFTWARE
819 The Holder owns the economic rights over the Initial Software. Any or
820 all use of the Initial Software is subject to compliance with the terms
821 and conditions under which the Holder has elected to distribute its work
822 and no one shall be entitled to modify the terms and conditions for the
823 distribution of said Initial Software.
825 The Holder undertakes that the Initial Software will remain ruled at
826 least by the current license, for the duration set forth in Article 4.2.
829 6.2 OVER THE INTEGRATED CONTRIBUTIONS
831 A Licensee who develops an Integrated Contribution is the owner of the
832 intellectual property rights over this Contribution as defined by
833 applicable law.
836 6.3 OVER THE RELATED MODULES
838 A Licensee who develops an Related Module is the owner of the
839 intellectual property rights over this Related Module as defined by
840 applicable law and is free to choose the type of agreement that shall
841 govern its distribution under the conditions defined in Article 5.3.3.
844 6.4 NOTICE OF RIGHTS
846 The Licensee expressly undertakes:
848 1. not to remove, or modify, in any manner, the intellectual property
849 notices attached to the Software;
850 2. to reproduce said notices, in an identical manner, in the copies
851 of the Software modified or not;
852 3. to ensure that use of the Software, its intellectual property
853 notices and the fact that it is governed by the Agreement is
854 indicated in a text that is easily accessible, specifically from
855 the interface of any Derivative Software.
857 The Licensee undertakes not to directly or indirectly infringe the
858 intellectual property rights of the Holder and/or Contributors on the
859 Software and to take, where applicable, vis-à-vis its staff, any and all
860 measures required to ensure respect of said intellectual property rights
861 of the Holder and/or Contributors.
864 Article 7 - RELATED SERVICES
866 7.1 Under no circumstances shall the Agreement oblige the Licensor to
867 provide technical assistance or maintenance services for the Software.
869 However, the Licensor is entitled to offer this type of services. The
870 terms and conditions of such technical assistance, and/or such
871 maintenance, shall be set forth in a separate instrument. Only the
872 Licensor offering said maintenance and/or technical assistance services
873 shall incur liability therefor.
875 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
876 its sole responsibility, a warranty, that shall only be binding upon
877 itself, for the redistribution of the Software and/or the Modified
878 Software, under terms and conditions that it is free to decide. Said
879 warranty, and the financial terms and conditions of its application,
880 shall be subject of a separate instrument executed between the Licensor
881 and the Licensee.
884 Article 8 - LIABILITY
886 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
887 entitled to claim compensation for any direct loss it may have suffered
888 from the Software as a result of a fault on the part of the relevant
889 Licensor, subject to providing evidence thereof.
891 8.2 The Licensor's liability is limited to the commitments made under
892 this Agreement and shall not be incurred as a result of in particular:
893 (i) loss due the Licensee's total or partial failure to fulfill its
894 obligations, (ii) direct or consequential loss that is suffered by the
895 Licensee due to the use or performance of the Software, and (iii) more
896 generally, any consequential loss. In particular the Parties expressly
897 agree that any or all pecuniary or business loss (i.e. loss of data,
898 loss of profits, operating loss, loss of customers or orders,
899 opportunity cost, any disturbance to business activities) or any or all
900 legal proceedings instituted against the Licensee by a third party,
901 shall constitute consequential loss and shall not provide entitlement to
902 any or all compensation from the Licensor.
905 Article 9 - WARRANTY
907 9.1 The Licensee acknowledges that the scientific and technical
908 state-of-the-art when the Software was distributed did not enable all
909 possible uses to be tested and verified, nor for the presence of
910 possible defects to be detected. In this respect, the Licensee's
911 attention has been drawn to the risks associated with loading, using,
912 modifying and/or developing and reproducing the Software which are
913 reserved for experienced users.
915 The Licensee shall be responsible for verifying, by any or all means,
916 the suitability of the product for its requirements, its good working order,
917 and for ensuring that it shall not cause damage to either persons or
918 properties.
920 9.2 The Licensor hereby represents, in good faith, that it is entitled
921 to grant all the rights over the Software (including in particular the
922 rights set forth in Article 5).
924 9.3 The Licensee acknowledges that the Software is supplied "as is" by
925 the Licensor without any other express or tacit warranty, other than
926 that provided for in Article 9.2 and, in particular, without any warranty
927 as to its commercial value, its secured, safe, innovative or relevant
928 nature.
930 Specifically, the Licensor does not warrant that the Software is free
931 from any error, that it will operate without interruption, that it will
932 be compatible with the Licensee's own equipment and software
933 configuration, nor that it will meet the Licensee's requirements.
935 9.4 The Licensor does not either expressly or tacitly warrant that the
936 Software does not infringe any third party intellectual property right
937 relating to a patent, software or any other property right. Therefore,
938 the Licensor disclaims any and all liability towards the Licensee
939 arising out of any or all proceedings for infringement that may be
940 instituted in respect of the use, modification and redistribution of the
941 Software. Nevertheless, should such proceedings be instituted against
942 the Licensee, the Licensor shall provide it with technical and legal
943 assistance for its defense. Such technical and legal assistance shall be
944 decided on a case-by-case basis between the relevant Licensor and the
945 Licensee pursuant to a memorandum of understanding. The Licensor
946 disclaims any and all liability as regards the Licensee's use of the
947 name of the Software. No warranty is given as regards the existence of
948 prior rights over the name of the Software or as regards the existence
949 of a trademark.
952 Article 10 - TERMINATION
954 10.1 In the event of a breach by the Licensee of its obligations
955 hereunder, the Licensor may automatically terminate this Agreement
956 thirty (30) days after notice has been sent to the Licensee and has
957 remained ineffective.
959 10.2 A Licensee whose Agreement is terminated shall no longer be
960 authorized to use, modify or distribute the Software. However, any
961 licenses that it may have granted prior to termination of the Agreement
962 shall remain valid subject to their having been granted in compliance
963 with the terms and conditions hereof.
966 Article 11 - MISCELLANEOUS
969 11.1 EXCUSABLE EVENTS
971 Neither Party shall be liable for any or all delay, or failure to
972 perform the Agreement, that may be attributable to an event of force
973 majeure, an act of God or an outside cause, such as defective
974 functioning or interruptions of the electricity or telecommunications
975 networks, network paralysis following a virus attack, intervention by
976 government authorities, natural disasters, water damage, earthquakes,
977 fire, explosions, strikes and labor unrest, war, etc.
979 11.2 Any failure by either Party, on one or more occasions, to invoke
980 one or more of the provisions hereof, shall under no circumstances be
981 interpreted as being a waiver by the interested Party of its right to
982 invoke said provision(s) subsequently.
984 11.3 The Agreement cancels and replaces any or all previous agreements,
985 whether written or oral, between the Parties and having the same
986 purpose, and constitutes the entirety of the agreement between said
987 Parties concerning said purpose. No supplement or modification to the
988 terms and conditions hereof shall be effective as between the Parties
989 unless it is made in writing and signed by their duly authorized
990 representatives.
992 11.4 In the event that one or more of the provisions hereof were to
993 conflict with a current or future applicable act or legislative text,
994 said act or legislative text shall prevail, and the Parties shall make
995 the necessary amendments so as to comply with said act or legislative
996 text. All other provisions shall remain effective. Similarly, invalidity
997 of a provision of the Agreement, for any reason whatsoever, shall not
998 cause the Agreement as a whole to be invalid.
1001 11.5 LANGUAGE
1003 The Agreement is drafted in both French and English and both versions
1004 are deemed authentic.
1007 Article 12 - NEW VERSIONS OF THE AGREEMENT
1009 12.1 Any person is authorized to duplicate and distribute copies of this
1010 Agreement.
1012 12.2 So as to ensure coherence, the wording of this Agreement is
1013 protected and may only be modified by the authors of the License, who
1014 reserve the right to periodically publish updates or new versions of the
1015 Agreement, each with a separate number. These subsequent versions may
1016 address new issues encountered by Free Software.
1018 12.3 Any Software distributed under a given version of the Agreement
1019 may only be subsequently distributed under the same version of the
1020 Agreement or a subsequent version.
1023 Article 13 - GOVERNING LAW AND JURISDICTION
1025 13.1 The Agreement is governed by French law. The Parties agree to
1026 endeavor to seek an amicable solution to any disagreements or disputes
1027 that may arise during the performance of the Agreement.
1029 13.2 Failing an amicable solution within two (2) months as from their
1030 occurrence, and unless emergency proceedings are necessary, the
1031 disagreements or disputes shall be referred to the Paris Courts having
1032 jurisdiction, by the more diligent Party.
1035 Version 1.0 dated 2006-07-12.