libptouch: PTdecode/CImg-1.3.0/Licence_CeCILL-C_V1-en.txt@cf9d239ac1c9 (annotated)

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PTdecode/CImg-1.3.0/Licence_CeCILL-C_V1-en.txt@cf9d239ac1c9 (annotated)

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

Wed, 05 Aug 2009 17:10:56 +0100

author: Philip Pemberton <philpem@philpem.me.uk>
date: Wed, 05 Aug 2009 17:10:56 +0100
changeset 17: cf9d239ac1c9
parent 5: 1204ebf9340d
permissions: -rwxr-xr-x

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              CeCILL-C FREE SOFTWARE LICENSE AGREEMENT
     Notice
 This Agreement is a Free Software license agreement that is the result
 of discussions between its authors in order to ensure compliance with
 the two main principles guiding its drafting:
     * firstly, compliance with the principles governing the distribution
       of Free Software: access to source code, broad rights granted to
       users,
     * secondly, the election of a governing law, French law, with which
       it is conformant, both as regards the law of torts and
       intellectual property law, and the protection that it offers to
       both authors and holders of the economic rights over software.
 The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre])
 license are:
 Commissariat à l'Energie Atomique - CEA, a public scientific, technical
 and industrial research establishment, having its principal place of
 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
 Centre National de la Recherche Scientifique - CNRS, a public scientific
 and technological establishment, having its principal place of business
 at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
 Institut National de Recherche en Informatique et en Automatique -
 INRIA, a public scientific and technological establishment, having its
 principal place of business at Domaine de Voluceau, Rocquencourt, BP
 , 78153 Le Chesnay cedex, France.
     Preamble
 The purpose of this Free Software license agreement is to grant users the
 right to modify and re-use the software governed by this license.
 The exercising of this right is conditional on the obligation to make
 available to the community the modifications made to the source code of the
 software so as to contribute to its evolution.
 In consideration of access to the source code and the rights to copy,
 modify and redistribute granted by the license, users are provided only
 with a limited warranty and the software's author, the holder of the
 economic rights, and the successive licensors only have limited liability.
 In this respect, the risks associated with loading, using, modifying
 and/or developing or reproducing the software by the user are brought to
 the user's attention, given its Free Software status, which may make it
 complicated to use, with the result that its use is reserved for
 developers and experienced professionals having in-depth computer
 knowledge. Users are therefore encouraged to load and test the suitability
 of the software as regards their requirements in conditions enabling the
 security of their systems and/or data to be ensured and, more generally, to
 use and operate it in the same conditions of security. This Agreement may be
 freely reproduced and published, provided it is not altered, and that no
 provisions are either added or removed herefrom.
 This Agreement may apply to any or all software for which the holder of
 the economic rights decides to submit the use thereof to its provisions.
     Article 1 - DEFINITIONS
 For the purpose of this Agreement, when the following expressions
 commence with a capital letter, they shall have the following meaning:
 Agreement: means this license agreement, and its possible subsequent
 versions and annexes.
 Software: means the software in its Object Code and/or Source Code form
 and, where applicable, its documentation, "as is" when the Licensee
 accepts the Agreement.
 Initial Software: means the Software in its Source Code and possibly its
 Object Code form and, where applicable, its documentation, "as is" when
 it is first distributed under the terms and conditions of the Agreement.
 Modified Software: means the Software modified by at least one Integrated
 Contribution.
 Source Code: means all the Software's instructions and program lines to
 which access is required so as to modify the Software.
 Object Code: means the binary files originating from the compilation of
 the Source Code.
 Holder: means the holder(s) of the economic rights over the Initial
 Software.
 Licensee: means the Software user(s) having accepted the Agreement.
 Contributor: means a Licensee having made at least one Integrated
 Contribution.
 Licensor: means the Holder, or any other individual or legal entity, who
 distributes the Software under the Agreement.
 Integrated Contribution: means any or all modifications, corrections,
 translations, adaptations and/or new functions integrated into the Source
 Code by any or all Contributors.
 Related Module: means a set of sources files including their documentation
 that, without modification to the Source Code, enables supplementary
 functions or services in addition to those offered by the Software.
 Derivative Software: means any combination of the Software, modified or not,
 and of a Related Module.
 Parties: mean both the Licensee and the Licensor.
 These expressions may be used both in singular and plural form.
     Article 2 - PURPOSE
 The purpose of the Agreement is the grant by the Licensor to the
 Licensee of a non-exclusive, transferable and worldwide license for the
 Software as set forth in Article 5 hereinafter for the whole term of the
 protection granted by the rights over said Software.
     Article 3 - ACCEPTANCE
 .1 The Licensee shall be deemed as having accepted the terms and
 conditions of this Agreement upon the occurrence of the first of the
 following events:
     * (i) loading the Software by any or all means, notably, by
       downloading from a remote server, or by loading from a physical
       medium;
     * (ii) the first time the Licensee exercises any of the rights
       granted hereunder.
 .2 One copy of the Agreement, containing a notice relating to the
 characteristics of the Software, to the limited warranty, and to the
 fact that its use is restricted to experienced users has been provided
 to the Licensee prior to its acceptance as set forth in Article 3.1
 hereinabove, and the Licensee hereby acknowledges that it has read and
 understood it.
     Article 4 - EFFECTIVE DATE AND TERM
 .1 EFFECTIVE DATE
 The Agreement shall become effective on the date when it is accepted by
 the Licensee as set forth in Article 3.1.
 .2 TERM
 The Agreement shall remain in force for the entire legal term of
 protection of the economic rights over the Software.
     Article 5 - SCOPE OF RIGHTS GRANTED
 The Licensor hereby grants to the Licensee, who accepts, the following
 rights over the Software for any or all use, and for the term of the
 Agreement, on the basis of the terms and conditions set forth hereinafter.
 Besides, if the Licensor owns or comes to own one or more patents
 protecting all or part of the functions of the Software or of its
 components, the Licensor undertakes not to enforce the rights granted by
 these patents against successive Licensees using, exploiting or
 modifying the Software. If these patents are transferred, the Licensor
 undertakes to have the transferees subscribe to the obligations set
 forth in this paragraph.
 .1 RIGHT OF USE
 The Licensee is authorized to use the Software, without any limitation
 as to its fields of application, with it being hereinafter specified
 that this comprises:
 . permanent or temporary reproduction of all or part of the Software
       by any or all means and in any or all form.
 . loading, displaying, running, or storing the Software on any or
       all medium.
 . entitlement to observe, study or test its operation so as to
       determine the ideas and principles behind any or all constituent
       elements of said Software. This shall apply when the Licensee
       carries out any or all loading, displaying, running, transmission
       or storage operation as regards the Software, that it is entitled
       to carry out hereunder.
 .2 RIGHT OF MODIFICATION
 The right of modification includes the right to translate, adapt, arrange,
 or make any or all modifications to the Software, and the right to
 reproduce the resulting Software. It includes, in particular, the right
 to create a Derivative Software.
 The Licensee is authorized to make any or all modification to the
 Software provided that it includes an explicit notice that it is the
 author of said modification and indicates the date of the creation thereof.
 .3 RIGHT OF DISTRIBUTION
 In particular, the right of distribution includes the right to publish,
 transmit and communicate the Software to the general public on any or
 all medium, and by any or all means, and the right to market, either in
 consideration of a fee, or free of charge, one or more copies of the
 Software by any means.
 The Licensee is further authorized to distribute copies of the modified
 or unmodified Software to third parties according to the terms and
 conditions set forth hereinafter.
 .3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
 The Licensee is authorized to distribute true copies of the Software in
 Source Code or Object Code form, provided that said distribution
 complies with all the provisions of the Agreement and is accompanied by:
 . a copy of the Agreement,
 . a notice relating to the limitation of both the Licensor's
       warranty and liability as set forth in Articles 8 and 9,
 and that, in the event that only the Object Code of the Software is
 redistributed, the Licensee allows effective access to the full Source Code
 of the Software at a minimum during the entire period of its distribution
 of the Software, it being understood that the additional cost of acquiring
 the Source Code shall not exceed the cost of transferring the data.
 .3.2 DISTRIBUTION OF MODIFIED SOFTWARE
 When the Licensee makes an Integrated Contribution to the Software, the terms
 and conditions for the distribution of the resulting Modified Software become
 subject to all the provisions of this Agreement.
 The Licensee is authorized to distribute the Modified Software, in source
 code or object code form, provided that said distribution complies with all
 the provisions of the Agreement and is accompanied by:
 . a copy of the Agreement,
 . a notice relating to the limitation of both the Licensor's warranty and
       liability as set forth in Articles 8 and 9,
 and that, in the event that only the object code of the Modified Software is
 redistributed, the Licensee allows effective access to the full source code
 of the Modified Software at a minimum during the entire period of its
 distribution of the Modified Software, it being understood that the
 additional cost of acquiring the source code shall not exceed the cost of
 transferring the data.
 .3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE
 When the Licensee creates Derivative Software, this Derivative Software may
 be distributed under a license agreement other than this Agreement, subject
 to compliance with the requirement to include a notice concerning the rights
 over the Software as defined in Article 6.4. In the event the creation of the
 Derivative Software required modification of the Source Code, the Licensee
 undertakes that:
 . the resulting Modified Software will be governed by this Agreement,
 . the Integrated Contributions in the resulting Modified Software will be
       clearly identified and documented,
 . the Licensee will allow effective access to the source code of the
       Modified Software, at a minimum during the entire period of
       distribution of the Derivative Software, such that such modifications
       may be carried over in a subsequent version of the Software; it being
       understood that the additional cost of purchasing the source code of
       the Modified Software shall not exceed the cost of transferring the
       data.
 .3.4 COMPATIBILITY WITH THE CeCILL LICENSE
 When a Modified Software contains an Integrated Contribution subject to the
 CeCill license agreement, or when a Derivative Software contains a Related
 Module subject to the CeCill license agreement, the provisions set forth in
 the third item of Article 6.4 are optional.
     Article 6 - INTELLECTUAL PROPERTY
 .1 OVER THE INITIAL SOFTWARE
 The Holder owns the economic rights over the Initial Software. Any or
 all use of the Initial Software is subject to compliance with the terms
 and conditions under which the Holder has elected to distribute its work
 and no one shall be entitled to modify the terms and conditions for the
 distribution of said Initial Software.
 The Holder undertakes that the Initial Software will remain ruled at
 least by the current license, for the duration set forth in Article 4.2.
 .2 OVER THE INTEGRATED CONTRIBUTIONS
 A Licensee who develops an Integrated Contribution is the owner of the
 intellectual property rights over this Contribution as defined by
 applicable law.
 .3 OVER THE RELATED MODULES
 A Licensee who develops an Related Module is the owner of the
 intellectual property rights over this Related Module as defined by
 applicable law and is free to choose the type of agreement that shall
 govern its distribution under the conditions defined in Article 5.3.3.
 .4 NOTICE OF RIGHTS
 The Licensee expressly undertakes:
 . not to remove, or modify, in any manner, the intellectual property
       notices attached to the Software;
 . to reproduce said notices, in an identical manner, in the copies
       of the Software modified or not;
 . to ensure that use of the Software, its intellectual property
       notices and the fact that it is governed by the Agreement is
       indicated in a text that is easily accessible, specifically from
       the interface of any Derivative Software.
 The Licensee undertakes not to directly or indirectly infringe the
 intellectual property rights of the Holder and/or Contributors on the
 Software and to take, where applicable, vis-à-vis its staff, any and all
 measures required to ensure respect of said intellectual property rights
 of the Holder and/or Contributors.
     Article 7 - RELATED SERVICES
 .1 Under no circumstances shall the Agreement oblige the Licensor to
 provide technical assistance or maintenance services for the Software.
 However, the Licensor is entitled to offer this type of services. The
 terms and conditions of such technical assistance, and/or such
 maintenance, shall be set forth in a separate instrument. Only the
 Licensor offering said maintenance and/or technical assistance services
 shall incur liability therefor.
 .2 Similarly, any Licensor is entitled to offer to its licensees, under
 its sole responsibility, a warranty, that shall only be binding upon
 itself, for the redistribution of the Software and/or the Modified
 Software, under terms and conditions that it is free to decide. Said
 warranty, and the financial terms and conditions of its application,
 shall be subject of a separate instrument executed between the Licensor
 and the Licensee.
     Article 8 - LIABILITY
 .1 Subject to the provisions of Article 8.2, the Licensee shall be
 entitled to claim compensation for any direct loss it may have suffered
 from the Software as a result of a fault on the part of the relevant
 Licensor, subject to providing evidence thereof.
 .2 The Licensor's liability is limited to the commitments made under
 this Agreement and shall not be incurred as a result of in particular:
 (i) loss due the Licensee's total or partial failure to fulfill its
 obligations, (ii) direct or consequential loss that is suffered by the
 Licensee due to the use or performance of the Software, and (iii) more
 generally, any consequential loss. In particular the Parties expressly
 agree that any or all pecuniary or business loss (i.e. loss of data,
 loss of profits, operating loss, loss of customers or orders,
 opportunity cost, any disturbance to business activities) or any or all
 legal proceedings instituted against the Licensee by a third party,
 shall constitute consequential loss and shall not provide entitlement to
 any or all compensation from the Licensor.
     Article 9 - WARRANTY
 .1 The Licensee acknowledges that the scientific and technical
 state-of-the-art when the Software was distributed did not enable all
 possible uses to be tested and verified, nor for the presence of
 possible defects to be detected. In this respect, the Licensee's
 attention has been drawn to the risks associated with loading, using,
 modifying and/or developing and reproducing the Software which are
 reserved for experienced users.
 The Licensee shall be responsible for verifying, by any or all means,
 the suitability of the product for its requirements, its good working order,
 and for ensuring that it shall not cause damage to either persons or
 properties.
 .2 The Licensor hereby represents, in good faith, that it is entitled
 to grant all the rights over the Software (including in particular the
 rights set forth in Article 5).
 .3 The Licensee acknowledges that the Software is supplied "as is" by
 the Licensor without any other express or tacit warranty, other than
 that provided for in Article 9.2 and, in particular, without any warranty
 as to its commercial value, its secured, safe, innovative or relevant
 nature.
 Specifically, the Licensor does not warrant that the Software is free
 from any error, that it will operate without interruption, that it will
 be compatible with the Licensee's own equipment and software
 configuration, nor that it will meet the Licensee's requirements.
 .4 The Licensor does not either expressly or tacitly warrant that the
 Software does not infringe any third party intellectual property right
 relating to a patent, software or any other property right. Therefore,
 the Licensor disclaims any and all liability towards the Licensee
 arising out of any or all proceedings for infringement that may be
 instituted in respect of the use, modification and redistribution of the
 Software. Nevertheless, should such proceedings be instituted against
 the Licensee, the Licensor shall provide it with technical and legal
 assistance for its defense. Such technical and legal assistance shall be
 decided on a case-by-case basis between the relevant Licensor and the
 Licensee pursuant to a memorandum of understanding. The Licensor
 disclaims any and all liability as regards the Licensee's use of the
 name of the Software. No warranty is given as regards the existence of
 prior rights over the name of the Software or as regards the existence
 of a trademark.
     Article 10 - TERMINATION
 .1 In the event of a breach by the Licensee of its obligations
 hereunder, the Licensor may automatically terminate this Agreement
 thirty (30) days after notice has been sent to the Licensee and has
 remained ineffective.
 .2 A Licensee whose Agreement is terminated shall no longer be
 authorized to use, modify or distribute the Software. However, any
 licenses that it may have granted prior to termination of the Agreement
 shall remain valid subject to their having been granted in compliance
 with the terms and conditions hereof.
     Article 11 - MISCELLANEOUS
 .1 EXCUSABLE EVENTS
 Neither Party shall be liable for any or all delay, or failure to
 perform the Agreement, that may be attributable to an event of force
 majeure, an act of God or an outside cause, such as defective
 functioning or interruptions of the electricity or telecommunications
 networks, network paralysis following a virus attack, intervention by
 government authorities, natural disasters, water damage, earthquakes,
 fire, explosions, strikes and labor unrest, war, etc.
 .2 Any failure by either Party, on one or more occasions, to invoke
 one or more of the provisions hereof, shall under no circumstances be
 interpreted as being a waiver by the interested Party of its right to
 invoke said provision(s) subsequently.
 .3 The Agreement cancels and replaces any or all previous agreements,
 whether written or oral, between the Parties and having the same
 purpose, and constitutes the entirety of the agreement between said
 Parties concerning said purpose. No supplement or modification to the
 terms and conditions hereof shall be effective as between the Parties
 unless it is made in writing and signed by their duly authorized
 representatives.
 .4 In the event that one or more of the provisions hereof were to
 conflict with a current or future applicable act or legislative text,
 said act or legislative text shall prevail, and the Parties shall make
 the necessary amendments so as to comply with said act or legislative
 text. All other provisions shall remain effective. Similarly, invalidity
 of a provision of the Agreement, for any reason whatsoever, shall not
 cause the Agreement as a whole to be invalid.
 .5 LANGUAGE
 The Agreement is drafted in both French and English and both versions
 are deemed authentic.
     Article 12 - NEW VERSIONS OF THE AGREEMENT
 .1 Any person is authorized to duplicate and distribute copies of this
 Agreement.
 .2 So as to ensure coherence, the wording of this Agreement is
 protected and may only be modified by the authors of the License, who
 reserve the right to periodically publish updates or new versions of the
 Agreement, each with a separate number. These subsequent versions may
 address new issues encountered by Free Software.
 .3 Any Software distributed under a given version of the Agreement
 may only be subsequently distributed under the same version of the
 Agreement or a subsequent version.
     Article 13 - GOVERNING LAW AND JURISDICTION
 .1 The Agreement is governed by French law. The Parties agree to
 endeavor to seek an amicable solution to any disagreements or disputes
 that may arise during the performance of the Agreement.
 .2 Failing an amicable solution within two (2) months as from their
 occurrence, and unless emergency proceedings are necessary, the
 disagreements or disputes shall be referred to the Paris Courts having
 jurisdiction, by the more diligent Party.
 Version 1.0 dated 2006-07-12.

libptouch / annotate

PTdecode/CImg-1.3.0/Licence_CeCILL-C_V1-en.txt@cf9d239ac1c9 (annotated)

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