PTdecode/CImg-1.3.0/Licence_CeCILL-C_V1-en.txt

Wed, 05 Aug 2009 15:00:54 +0100

author
Philip Pemberton <philpem@philpem.me.uk>
date
Wed, 05 Aug 2009 15:00:54 +0100
changeset 12
96e1df9bd27c
parent 5
1204ebf9340d
permissions
-rwxr-xr-x

small changes to hexdump code to stop a gcc warning on platforms where sizeof(int) != sizeof(int*) e.g. x86_64

philpem@5 1
philpem@5 2 CeCILL-C FREE SOFTWARE LICENSE AGREEMENT
philpem@5 3
philpem@5 4
philpem@5 5 Notice
philpem@5 6
philpem@5 7 This Agreement is a Free Software license agreement that is the result
philpem@5 8 of discussions between its authors in order to ensure compliance with
philpem@5 9 the two main principles guiding its drafting:
philpem@5 10
philpem@5 11 * firstly, compliance with the principles governing the distribution
philpem@5 12 of Free Software: access to source code, broad rights granted to
philpem@5 13 users,
philpem@5 14 * secondly, the election of a governing law, French law, with which
philpem@5 15 it is conformant, both as regards the law of torts and
philpem@5 16 intellectual property law, and the protection that it offers to
philpem@5 17 both authors and holders of the economic rights over software.
philpem@5 18
philpem@5 19 The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre])
philpem@5 20 license are:
philpem@5 21
philpem@5 22 Commissariat à l'Energie Atomique - CEA, a public scientific, technical
philpem@5 23 and industrial research establishment, having its principal place of
philpem@5 24 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
philpem@5 25
philpem@5 26 Centre National de la Recherche Scientifique - CNRS, a public scientific
philpem@5 27 and technological establishment, having its principal place of business
philpem@5 28 at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
philpem@5 29
philpem@5 30 Institut National de Recherche en Informatique et en Automatique -
philpem@5 31 INRIA, a public scientific and technological establishment, having its
philpem@5 32 principal place of business at Domaine de Voluceau, Rocquencourt, BP
philpem@5 33 105, 78153 Le Chesnay cedex, France.
philpem@5 34
philpem@5 35
philpem@5 36 Preamble
philpem@5 37
philpem@5 38 The purpose of this Free Software license agreement is to grant users the
philpem@5 39 right to modify and re-use the software governed by this license.
philpem@5 40
philpem@5 41 The exercising of this right is conditional on the obligation to make
philpem@5 42 available to the community the modifications made to the source code of the
philpem@5 43 software so as to contribute to its evolution.
philpem@5 44
philpem@5 45 In consideration of access to the source code and the rights to copy,
philpem@5 46 modify and redistribute granted by the license, users are provided only
philpem@5 47 with a limited warranty and the software's author, the holder of the
philpem@5 48 economic rights, and the successive licensors only have limited liability.
philpem@5 49
philpem@5 50 In this respect, the risks associated with loading, using, modifying
philpem@5 51 and/or developing or reproducing the software by the user are brought to
philpem@5 52 the user's attention, given its Free Software status, which may make it
philpem@5 53 complicated to use, with the result that its use is reserved for
philpem@5 54 developers and experienced professionals having in-depth computer
philpem@5 55 knowledge. Users are therefore encouraged to load and test the suitability
philpem@5 56 of the software as regards their requirements in conditions enabling the
philpem@5 57 security of their systems and/or data to be ensured and, more generally, to
philpem@5 58 use and operate it in the same conditions of security. This Agreement may be
philpem@5 59 freely reproduced and published, provided it is not altered, and that no
philpem@5 60 provisions are either added or removed herefrom.
philpem@5 61
philpem@5 62 This Agreement may apply to any or all software for which the holder of
philpem@5 63 the economic rights decides to submit the use thereof to its provisions.
philpem@5 64
philpem@5 65
philpem@5 66 Article 1 - DEFINITIONS
philpem@5 67
philpem@5 68 For the purpose of this Agreement, when the following expressions
philpem@5 69 commence with a capital letter, they shall have the following meaning:
philpem@5 70
philpem@5 71 Agreement: means this license agreement, and its possible subsequent
philpem@5 72 versions and annexes.
philpem@5 73
philpem@5 74 Software: means the software in its Object Code and/or Source Code form
philpem@5 75 and, where applicable, its documentation, "as is" when the Licensee
philpem@5 76 accepts the Agreement.
philpem@5 77
philpem@5 78 Initial Software: means the Software in its Source Code and possibly its
philpem@5 79 Object Code form and, where applicable, its documentation, "as is" when
philpem@5 80 it is first distributed under the terms and conditions of the Agreement.
philpem@5 81
philpem@5 82 Modified Software: means the Software modified by at least one Integrated
philpem@5 83 Contribution.
philpem@5 84
philpem@5 85 Source Code: means all the Software's instructions and program lines to
philpem@5 86 which access is required so as to modify the Software.
philpem@5 87
philpem@5 88 Object Code: means the binary files originating from the compilation of
philpem@5 89 the Source Code.
philpem@5 90
philpem@5 91 Holder: means the holder(s) of the economic rights over the Initial
philpem@5 92 Software.
philpem@5 93
philpem@5 94 Licensee: means the Software user(s) having accepted the Agreement.
philpem@5 95
philpem@5 96 Contributor: means a Licensee having made at least one Integrated
philpem@5 97 Contribution.
philpem@5 98
philpem@5 99 Licensor: means the Holder, or any other individual or legal entity, who
philpem@5 100 distributes the Software under the Agreement.
philpem@5 101
philpem@5 102 Integrated Contribution: means any or all modifications, corrections,
philpem@5 103 translations, adaptations and/or new functions integrated into the Source
philpem@5 104 Code by any or all Contributors.
philpem@5 105
philpem@5 106 Related Module: means a set of sources files including their documentation
philpem@5 107 that, without modification to the Source Code, enables supplementary
philpem@5 108 functions or services in addition to those offered by the Software.
philpem@5 109
philpem@5 110 Derivative Software: means any combination of the Software, modified or not,
philpem@5 111 and of a Related Module.
philpem@5 112
philpem@5 113 Parties: mean both the Licensee and the Licensor.
philpem@5 114
philpem@5 115 These expressions may be used both in singular and plural form.
philpem@5 116
philpem@5 117
philpem@5 118 Article 2 - PURPOSE
philpem@5 119
philpem@5 120 The purpose of the Agreement is the grant by the Licensor to the
philpem@5 121 Licensee of a non-exclusive, transferable and worldwide license for the
philpem@5 122 Software as set forth in Article 5 hereinafter for the whole term of the
philpem@5 123 protection granted by the rights over said Software.
philpem@5 124
philpem@5 125
philpem@5 126 Article 3 - ACCEPTANCE
philpem@5 127
philpem@5 128 3.1 The Licensee shall be deemed as having accepted the terms and
philpem@5 129 conditions of this Agreement upon the occurrence of the first of the
philpem@5 130 following events:
philpem@5 131
philpem@5 132 * (i) loading the Software by any or all means, notably, by
philpem@5 133 downloading from a remote server, or by loading from a physical
philpem@5 134 medium;
philpem@5 135 * (ii) the first time the Licensee exercises any of the rights
philpem@5 136 granted hereunder.
philpem@5 137
philpem@5 138 3.2 One copy of the Agreement, containing a notice relating to the
philpem@5 139 characteristics of the Software, to the limited warranty, and to the
philpem@5 140 fact that its use is restricted to experienced users has been provided
philpem@5 141 to the Licensee prior to its acceptance as set forth in Article 3.1
philpem@5 142 hereinabove, and the Licensee hereby acknowledges that it has read and
philpem@5 143 understood it.
philpem@5 144
philpem@5 145
philpem@5 146 Article 4 - EFFECTIVE DATE AND TERM
philpem@5 147
philpem@5 148
philpem@5 149 4.1 EFFECTIVE DATE
philpem@5 150
philpem@5 151 The Agreement shall become effective on the date when it is accepted by
philpem@5 152 the Licensee as set forth in Article 3.1.
philpem@5 153
philpem@5 154
philpem@5 155 4.2 TERM
philpem@5 156
philpem@5 157 The Agreement shall remain in force for the entire legal term of
philpem@5 158 protection of the economic rights over the Software.
philpem@5 159
philpem@5 160
philpem@5 161 Article 5 - SCOPE OF RIGHTS GRANTED
philpem@5 162
philpem@5 163 The Licensor hereby grants to the Licensee, who accepts, the following
philpem@5 164 rights over the Software for any or all use, and for the term of the
philpem@5 165 Agreement, on the basis of the terms and conditions set forth hereinafter.
philpem@5 166
philpem@5 167 Besides, if the Licensor owns or comes to own one or more patents
philpem@5 168 protecting all or part of the functions of the Software or of its
philpem@5 169 components, the Licensor undertakes not to enforce the rights granted by
philpem@5 170 these patents against successive Licensees using, exploiting or
philpem@5 171 modifying the Software. If these patents are transferred, the Licensor
philpem@5 172 undertakes to have the transferees subscribe to the obligations set
philpem@5 173 forth in this paragraph.
philpem@5 174
philpem@5 175
philpem@5 176 5.1 RIGHT OF USE
philpem@5 177
philpem@5 178 The Licensee is authorized to use the Software, without any limitation
philpem@5 179 as to its fields of application, with it being hereinafter specified
philpem@5 180 that this comprises:
philpem@5 181
philpem@5 182 1. permanent or temporary reproduction of all or part of the Software
philpem@5 183 by any or all means and in any or all form.
philpem@5 184 2. loading, displaying, running, or storing the Software on any or
philpem@5 185 all medium.
philpem@5 186 3. entitlement to observe, study or test its operation so as to
philpem@5 187 determine the ideas and principles behind any or all constituent
philpem@5 188 elements of said Software. This shall apply when the Licensee
philpem@5 189 carries out any or all loading, displaying, running, transmission
philpem@5 190 or storage operation as regards the Software, that it is entitled
philpem@5 191 to carry out hereunder.
philpem@5 192
philpem@5 193
philpem@5 194 5.2 RIGHT OF MODIFICATION
philpem@5 195
philpem@5 196 The right of modification includes the right to translate, adapt, arrange,
philpem@5 197 or make any or all modifications to the Software, and the right to
philpem@5 198 reproduce the resulting Software. It includes, in particular, the right
philpem@5 199 to create a Derivative Software.
philpem@5 200
philpem@5 201 The Licensee is authorized to make any or all modification to the
philpem@5 202 Software provided that it includes an explicit notice that it is the
philpem@5 203 author of said modification and indicates the date of the creation thereof.
philpem@5 204
philpem@5 205
philpem@5 206 5.3 RIGHT OF DISTRIBUTION
philpem@5 207
philpem@5 208 In particular, the right of distribution includes the right to publish,
philpem@5 209 transmit and communicate the Software to the general public on any or
philpem@5 210 all medium, and by any or all means, and the right to market, either in
philpem@5 211 consideration of a fee, or free of charge, one or more copies of the
philpem@5 212 Software by any means.
philpem@5 213
philpem@5 214 The Licensee is further authorized to distribute copies of the modified
philpem@5 215 or unmodified Software to third parties according to the terms and
philpem@5 216 conditions set forth hereinafter.
philpem@5 217
philpem@5 218
philpem@5 219 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
philpem@5 220
philpem@5 221 The Licensee is authorized to distribute true copies of the Software in
philpem@5 222 Source Code or Object Code form, provided that said distribution
philpem@5 223 complies with all the provisions of the Agreement and is accompanied by:
philpem@5 224
philpem@5 225 1. a copy of the Agreement,
philpem@5 226
philpem@5 227 2. a notice relating to the limitation of both the Licensor's
philpem@5 228 warranty and liability as set forth in Articles 8 and 9,
philpem@5 229
philpem@5 230 and that, in the event that only the Object Code of the Software is
philpem@5 231 redistributed, the Licensee allows effective access to the full Source Code
philpem@5 232 of the Software at a minimum during the entire period of its distribution
philpem@5 233 of the Software, it being understood that the additional cost of acquiring
philpem@5 234 the Source Code shall not exceed the cost of transferring the data.
philpem@5 235
philpem@5 236
philpem@5 237 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
philpem@5 238
philpem@5 239 When the Licensee makes an Integrated Contribution to the Software, the terms
philpem@5 240 and conditions for the distribution of the resulting Modified Software become
philpem@5 241 subject to all the provisions of this Agreement.
philpem@5 242
philpem@5 243 The Licensee is authorized to distribute the Modified Software, in source
philpem@5 244 code or object code form, provided that said distribution complies with all
philpem@5 245 the provisions of the Agreement and is accompanied by:
philpem@5 246
philpem@5 247 1. a copy of the Agreement,
philpem@5 248 2. a notice relating to the limitation of both the Licensor's warranty and
philpem@5 249 liability as set forth in Articles 8 and 9,
philpem@5 250
philpem@5 251 and that, in the event that only the object code of the Modified Software is
philpem@5 252 redistributed, the Licensee allows effective access to the full source code
philpem@5 253 of the Modified Software at a minimum during the entire period of its
philpem@5 254 distribution of the Modified Software, it being understood that the
philpem@5 255 additional cost of acquiring the source code shall not exceed the cost of
philpem@5 256 transferring the data.
philpem@5 257
philpem@5 258 5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE
philpem@5 259
philpem@5 260 When the Licensee creates Derivative Software, this Derivative Software may
philpem@5 261 be distributed under a license agreement other than this Agreement, subject
philpem@5 262 to compliance with the requirement to include a notice concerning the rights
philpem@5 263 over the Software as defined in Article 6.4. In the event the creation of the
philpem@5 264 Derivative Software required modification of the Source Code, the Licensee
philpem@5 265 undertakes that:
philpem@5 266
philpem@5 267 1. the resulting Modified Software will be governed by this Agreement,
philpem@5 268 2. the Integrated Contributions in the resulting Modified Software will be
philpem@5 269 clearly identified and documented,
philpem@5 270 3. the Licensee will allow effective access to the source code of the
philpem@5 271 Modified Software, at a minimum during the entire period of
philpem@5 272 distribution of the Derivative Software, such that such modifications
philpem@5 273 may be carried over in a subsequent version of the Software; it being
philpem@5 274 understood that the additional cost of purchasing the source code of
philpem@5 275 the Modified Software shall not exceed the cost of transferring the
philpem@5 276 data.
philpem@5 277
philpem@5 278
philpem@5 279 5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE
philpem@5 280
philpem@5 281 When a Modified Software contains an Integrated Contribution subject to the
philpem@5 282 CeCill license agreement, or when a Derivative Software contains a Related
philpem@5 283 Module subject to the CeCill license agreement, the provisions set forth in
philpem@5 284 the third item of Article 6.4 are optional.
philpem@5 285
philpem@5 286
philpem@5 287 Article 6 - INTELLECTUAL PROPERTY
philpem@5 288
philpem@5 289
philpem@5 290 6.1 OVER THE INITIAL SOFTWARE
philpem@5 291
philpem@5 292 The Holder owns the economic rights over the Initial Software. Any or
philpem@5 293 all use of the Initial Software is subject to compliance with the terms
philpem@5 294 and conditions under which the Holder has elected to distribute its work
philpem@5 295 and no one shall be entitled to modify the terms and conditions for the
philpem@5 296 distribution of said Initial Software.
philpem@5 297
philpem@5 298 The Holder undertakes that the Initial Software will remain ruled at
philpem@5 299 least by the current license, for the duration set forth in Article 4.2.
philpem@5 300
philpem@5 301
philpem@5 302 6.2 OVER THE INTEGRATED CONTRIBUTIONS
philpem@5 303
philpem@5 304 A Licensee who develops an Integrated Contribution is the owner of the
philpem@5 305 intellectual property rights over this Contribution as defined by
philpem@5 306 applicable law.
philpem@5 307
philpem@5 308
philpem@5 309 6.3 OVER THE RELATED MODULES
philpem@5 310
philpem@5 311 A Licensee who develops an Related Module is the owner of the
philpem@5 312 intellectual property rights over this Related Module as defined by
philpem@5 313 applicable law and is free to choose the type of agreement that shall
philpem@5 314 govern its distribution under the conditions defined in Article 5.3.3.
philpem@5 315
philpem@5 316
philpem@5 317 6.4 NOTICE OF RIGHTS
philpem@5 318
philpem@5 319 The Licensee expressly undertakes:
philpem@5 320
philpem@5 321 1. not to remove, or modify, in any manner, the intellectual property
philpem@5 322 notices attached to the Software;
philpem@5 323 2. to reproduce said notices, in an identical manner, in the copies
philpem@5 324 of the Software modified or not;
philpem@5 325 3. to ensure that use of the Software, its intellectual property
philpem@5 326 notices and the fact that it is governed by the Agreement is
philpem@5 327 indicated in a text that is easily accessible, specifically from
philpem@5 328 the interface of any Derivative Software.
philpem@5 329
philpem@5 330 The Licensee undertakes not to directly or indirectly infringe the
philpem@5 331 intellectual property rights of the Holder and/or Contributors on the
philpem@5 332 Software and to take, where applicable, vis-à-vis its staff, any and all
philpem@5 333 measures required to ensure respect of said intellectual property rights
philpem@5 334 of the Holder and/or Contributors.
philpem@5 335
philpem@5 336
philpem@5 337 Article 7 - RELATED SERVICES
philpem@5 338
philpem@5 339 7.1 Under no circumstances shall the Agreement oblige the Licensor to
philpem@5 340 provide technical assistance or maintenance services for the Software.
philpem@5 341
philpem@5 342 However, the Licensor is entitled to offer this type of services. The
philpem@5 343 terms and conditions of such technical assistance, and/or such
philpem@5 344 maintenance, shall be set forth in a separate instrument. Only the
philpem@5 345 Licensor offering said maintenance and/or technical assistance services
philpem@5 346 shall incur liability therefor.
philpem@5 347
philpem@5 348 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
philpem@5 349 its sole responsibility, a warranty, that shall only be binding upon
philpem@5 350 itself, for the redistribution of the Software and/or the Modified
philpem@5 351 Software, under terms and conditions that it is free to decide. Said
philpem@5 352 warranty, and the financial terms and conditions of its application,
philpem@5 353 shall be subject of a separate instrument executed between the Licensor
philpem@5 354 and the Licensee.
philpem@5 355
philpem@5 356
philpem@5 357 Article 8 - LIABILITY
philpem@5 358
philpem@5 359 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
philpem@5 360 entitled to claim compensation for any direct loss it may have suffered
philpem@5 361 from the Software as a result of a fault on the part of the relevant
philpem@5 362 Licensor, subject to providing evidence thereof.
philpem@5 363
philpem@5 364 8.2 The Licensor's liability is limited to the commitments made under
philpem@5 365 this Agreement and shall not be incurred as a result of in particular:
philpem@5 366 (i) loss due the Licensee's total or partial failure to fulfill its
philpem@5 367 obligations, (ii) direct or consequential loss that is suffered by the
philpem@5 368 Licensee due to the use or performance of the Software, and (iii) more
philpem@5 369 generally, any consequential loss. In particular the Parties expressly
philpem@5 370 agree that any or all pecuniary or business loss (i.e. loss of data,
philpem@5 371 loss of profits, operating loss, loss of customers or orders,
philpem@5 372 opportunity cost, any disturbance to business activities) or any or all
philpem@5 373 legal proceedings instituted against the Licensee by a third party,
philpem@5 374 shall constitute consequential loss and shall not provide entitlement to
philpem@5 375 any or all compensation from the Licensor.
philpem@5 376
philpem@5 377
philpem@5 378 Article 9 - WARRANTY
philpem@5 379
philpem@5 380 9.1 The Licensee acknowledges that the scientific and technical
philpem@5 381 state-of-the-art when the Software was distributed did not enable all
philpem@5 382 possible uses to be tested and verified, nor for the presence of
philpem@5 383 possible defects to be detected. In this respect, the Licensee's
philpem@5 384 attention has been drawn to the risks associated with loading, using,
philpem@5 385 modifying and/or developing and reproducing the Software which are
philpem@5 386 reserved for experienced users.
philpem@5 387
philpem@5 388 The Licensee shall be responsible for verifying, by any or all means,
philpem@5 389 the suitability of the product for its requirements, its good working order,
philpem@5 390 and for ensuring that it shall not cause damage to either persons or
philpem@5 391 properties.
philpem@5 392
philpem@5 393 9.2 The Licensor hereby represents, in good faith, that it is entitled
philpem@5 394 to grant all the rights over the Software (including in particular the
philpem@5 395 rights set forth in Article 5).
philpem@5 396
philpem@5 397 9.3 The Licensee acknowledges that the Software is supplied "as is" by
philpem@5 398 the Licensor without any other express or tacit warranty, other than
philpem@5 399 that provided for in Article 9.2 and, in particular, without any warranty
philpem@5 400 as to its commercial value, its secured, safe, innovative or relevant
philpem@5 401 nature.
philpem@5 402
philpem@5 403 Specifically, the Licensor does not warrant that the Software is free
philpem@5 404 from any error, that it will operate without interruption, that it will
philpem@5 405 be compatible with the Licensee's own equipment and software
philpem@5 406 configuration, nor that it will meet the Licensee's requirements.
philpem@5 407
philpem@5 408 9.4 The Licensor does not either expressly or tacitly warrant that the
philpem@5 409 Software does not infringe any third party intellectual property right
philpem@5 410 relating to a patent, software or any other property right. Therefore,
philpem@5 411 the Licensor disclaims any and all liability towards the Licensee
philpem@5 412 arising out of any or all proceedings for infringement that may be
philpem@5 413 instituted in respect of the use, modification and redistribution of the
philpem@5 414 Software. Nevertheless, should such proceedings be instituted against
philpem@5 415 the Licensee, the Licensor shall provide it with technical and legal
philpem@5 416 assistance for its defense. Such technical and legal assistance shall be
philpem@5 417 decided on a case-by-case basis between the relevant Licensor and the
philpem@5 418 Licensee pursuant to a memorandum of understanding. The Licensor
philpem@5 419 disclaims any and all liability as regards the Licensee's use of the
philpem@5 420 name of the Software. No warranty is given as regards the existence of
philpem@5 421 prior rights over the name of the Software or as regards the existence
philpem@5 422 of a trademark.
philpem@5 423
philpem@5 424
philpem@5 425 Article 10 - TERMINATION
philpem@5 426
philpem@5 427 10.1 In the event of a breach by the Licensee of its obligations
philpem@5 428 hereunder, the Licensor may automatically terminate this Agreement
philpem@5 429 thirty (30) days after notice has been sent to the Licensee and has
philpem@5 430 remained ineffective.
philpem@5 431
philpem@5 432 10.2 A Licensee whose Agreement is terminated shall no longer be
philpem@5 433 authorized to use, modify or distribute the Software. However, any
philpem@5 434 licenses that it may have granted prior to termination of the Agreement
philpem@5 435 shall remain valid subject to their having been granted in compliance
philpem@5 436 with the terms and conditions hereof.
philpem@5 437
philpem@5 438
philpem@5 439 Article 11 - MISCELLANEOUS
philpem@5 440
philpem@5 441
philpem@5 442 11.1 EXCUSABLE EVENTS
philpem@5 443
philpem@5 444 Neither Party shall be liable for any or all delay, or failure to
philpem@5 445 perform the Agreement, that may be attributable to an event of force
philpem@5 446 majeure, an act of God or an outside cause, such as defective
philpem@5 447 functioning or interruptions of the electricity or telecommunications
philpem@5 448 networks, network paralysis following a virus attack, intervention by
philpem@5 449 government authorities, natural disasters, water damage, earthquakes,
philpem@5 450 fire, explosions, strikes and labor unrest, war, etc.
philpem@5 451
philpem@5 452 11.2 Any failure by either Party, on one or more occasions, to invoke
philpem@5 453 one or more of the provisions hereof, shall under no circumstances be
philpem@5 454 interpreted as being a waiver by the interested Party of its right to
philpem@5 455 invoke said provision(s) subsequently.
philpem@5 456
philpem@5 457 11.3 The Agreement cancels and replaces any or all previous agreements,
philpem@5 458 whether written or oral, between the Parties and having the same
philpem@5 459 purpose, and constitutes the entirety of the agreement between said
philpem@5 460 Parties concerning said purpose. No supplement or modification to the
philpem@5 461 terms and conditions hereof shall be effective as between the Parties
philpem@5 462 unless it is made in writing and signed by their duly authorized
philpem@5 463 representatives.
philpem@5 464
philpem@5 465 11.4 In the event that one or more of the provisions hereof were to
philpem@5 466 conflict with a current or future applicable act or legislative text,
philpem@5 467 said act or legislative text shall prevail, and the Parties shall make
philpem@5 468 the necessary amendments so as to comply with said act or legislative
philpem@5 469 text. All other provisions shall remain effective. Similarly, invalidity
philpem@5 470 of a provision of the Agreement, for any reason whatsoever, shall not
philpem@5 471 cause the Agreement as a whole to be invalid.
philpem@5 472
philpem@5 473
philpem@5 474 11.5 LANGUAGE
philpem@5 475
philpem@5 476 The Agreement is drafted in both French and English and both versions
philpem@5 477 are deemed authentic.
philpem@5 478
philpem@5 479
philpem@5 480 Article 12 - NEW VERSIONS OF THE AGREEMENT
philpem@5 481
philpem@5 482 12.1 Any person is authorized to duplicate and distribute copies of this
philpem@5 483 Agreement.
philpem@5 484
philpem@5 485 12.2 So as to ensure coherence, the wording of this Agreement is
philpem@5 486 protected and may only be modified by the authors of the License, who
philpem@5 487 reserve the right to periodically publish updates or new versions of the
philpem@5 488 Agreement, each with a separate number. These subsequent versions may
philpem@5 489 address new issues encountered by Free Software.
philpem@5 490
philpem@5 491 12.3 Any Software distributed under a given version of the Agreement
philpem@5 492 may only be subsequently distributed under the same version of the
philpem@5 493 Agreement or a subsequent version.
philpem@5 494
philpem@5 495
philpem@5 496 Article 13 - GOVERNING LAW AND JURISDICTION
philpem@5 497
philpem@5 498 13.1 The Agreement is governed by French law. The Parties agree to
philpem@5 499 endeavor to seek an amicable solution to any disagreements or disputes
philpem@5 500 that may arise during the performance of the Agreement.
philpem@5 501
philpem@5 502 13.2 Failing an amicable solution within two (2) months as from their
philpem@5 503 occurrence, and unless emergency proceedings are necessary, the
philpem@5 504 disagreements or disputes shall be referred to the Paris Courts having
philpem@5 505 jurisdiction, by the more diligent Party.
philpem@5 506
philpem@5 507
philpem@5 508 Version 1.0 dated 2006-07-12.