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     1.5 +
     1.6 +               CeCILL FREE SOFTWARE LICENSE AGREEMENT
     1.7 +
     1.8 +
     1.9 +    Notice
    1.10 +
    1.11 +This Agreement is a Free Software license agreement that is the result
    1.12 +of discussions between its authors in order to ensure compliance with
    1.13 +the two main principles guiding its drafting:
    1.14 +
    1.15 +    * firstly, compliance with the principles governing the distribution
    1.16 +      of Free Software: access to source code, broad rights granted to
    1.17 +      users,
    1.18 +    * secondly, the election of a governing law, French law, with which
    1.19 +      it is conformant, both as regards the law of torts and
    1.20 +      intellectual property law, and the protection that it offers to
    1.21 +      both authors and holders of the economic rights over software.
    1.22 +
    1.23 +The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre])
    1.24 +license are:
    1.25 +
    1.26 +Commissariat à l'Energie Atomique - CEA, a public scientific, technical
    1.27 +and industrial research establishment, having its principal place of 
    1.28 +business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
    1.29 +
    1.30 +Centre National de la Recherche Scientifique - CNRS, a public scientific
    1.31 +and technological research establishment, having its principal place of 
    1.32 +business at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
    1.33 +
    1.34 +Institut National de Recherche en Informatique et en Automatique -
    1.35 +INRIA, a public scientific and technological establishment, having its
    1.36 +principal place of business at Domaine de Voluceau, Rocquencourt, BP
    1.37 +105, 78153 Le Chesnay cedex, France.
    1.38 +
    1.39 +
    1.40 +    Preamble
    1.41 +
    1.42 +The purpose of this Free Software license agreement is to grant users
    1.43 +the right to modify and redistribute the software governed by this
    1.44 +license within the framework of an open source distribution model.
    1.45 +
    1.46 +The exercising of these rights is conditional upon certain obligations
    1.47 +for users so as to preserve this status for all subsequent redistributions.
    1.48 +
    1.49 +In consideration of access to the source code and the rights to copy,
    1.50 +modify and redistribute granted by the license, users are provided only
    1.51 +with a limited warranty and the software's author, the holder of the
    1.52 +economic rights, and the successive licensors only have limited liability.
    1.53 +
    1.54 +In this respect, the risks associated with loading, using, modifying
    1.55 +and/or developing or reproducing the software by the user are brought to
    1.56 +the user's attention, given its Free Software status, which may make it
    1.57 +complicated to use, with the result that its use is reserved for
    1.58 +developers and experienced professionals having in-depth computer
    1.59 +knowledge. Users are therefore encouraged to load and test the suitability
    1.60 +of the software as regards their requirements in conditions enabling 
    1.61 +the security of their systems and/or data to be ensured and, more 
    1.62 +generally, to use and operate it in the same conditions of security. 
    1.63 +This Agreement may be freely reproduced and published, provided it is not
    1.64 +altered, and that no provisions are either added or removed herefrom.
    1.65 +
    1.66 +This Agreement may apply to any or all software for which the holder of
    1.67 +the economic rights decides to submit the use thereof to its provisions.
    1.68 +
    1.69 +
    1.70 +    Article 1 - DEFINITIONS
    1.71 +
    1.72 +For the purpose of this Agreement, when the following expressions
    1.73 +commence with a capital letter, they shall have the following meaning:
    1.74 +
    1.75 +Agreement: means this license agreement, and its possible subsequent
    1.76 +versions and annexes.
    1.77 +
    1.78 +Software: means the software in its Object Code and/or Source Code form
    1.79 +and, where applicable, its documentation, "as is" when the Licensee
    1.80 +accepts the Agreement.
    1.81 +
    1.82 +Initial Software: means the Software in its Source Code and possibly its
    1.83 +Object Code form and, where applicable, its documentation, "as is" when
    1.84 +it is first distributed under the terms and conditions of the Agreement.
    1.85 +
    1.86 +Modified Software: means the Software modified by at least one
    1.87 +Contribution.
    1.88 +
    1.89 +Source Code: means all the Software's instructions and program lines to
    1.90 +which access is required so as to modify the Software.
    1.91 +
    1.92 +Object Code: means the binary files originating from the compilation of
    1.93 +the Source Code.
    1.94 +
    1.95 +Holder: means the holder(s) of the economic rights over the Initial
    1.96 +Software.
    1.97 +
    1.98 +Licensee: means the Software user(s) having accepted the Agreement.
    1.99 +
   1.100 +Contributor: means a Licensee having made at least one Contribution.
   1.101 +
   1.102 +Licensor: means the Holder, or any other individual or legal entity, who
   1.103 +distributes the Software under the Agreement.
   1.104 +
   1.105 +Contribution: means any or all modifications, corrections, translations,
   1.106 +adaptations and/or new functions integrated into the Software by any or
   1.107 +all Contributors, as well as any or all Internal Modules.
   1.108 +
   1.109 +Module: means a set of sources files including their documentation that
   1.110 +enables supplementary functions or services in addition to those offered
   1.111 +by the Software.
   1.112 +
   1.113 +External Module: means any or all Modules, not derived from the
   1.114 +Software, so that this Module and the Software run in separate address
   1.115 +spaces, with one calling the other when they are run.
   1.116 +
   1.117 +Internal Module: means any or all Module, connected to the Software so
   1.118 +that they both execute in the same address space.
   1.119 +
   1.120 +GNU GPL: means the GNU General Public License version 2 or any
   1.121 +subsequent version, as published by the Free Software Foundation Inc.
   1.122 +
   1.123 +Parties: mean both the Licensee and the Licensor.
   1.124 +
   1.125 +These expressions may be used both in singular and plural form.
   1.126 +
   1.127 +
   1.128 +    Article 2 - PURPOSE
   1.129 +
   1.130 +The purpose of the Agreement is the grant by the Licensor to the
   1.131 +Licensee of a non-exclusive, transferable and worldwide license for the
   1.132 +Software as set forth in Article 5 hereinafter for the whole term of the 
   1.133 +protection granted by the rights over said Software.
   1.134 +
   1.135 +
   1.136 +    Article 3 - ACCEPTANCE
   1.137 +
   1.138 +3.1 The Licensee shall be deemed as having accepted the terms and
   1.139 +conditions of this Agreement upon the occurrence of the first of the
   1.140 +following events:
   1.141 +
   1.142 +    * (i) loading the Software by any or all means, notably, by
   1.143 +      downloading from a remote server, or by loading from a physical
   1.144 +      medium;
   1.145 +    * (ii) the first time the Licensee exercises any of the rights
   1.146 +      granted hereunder.
   1.147 +
   1.148 +3.2 One copy of the Agreement, containing a notice relating to the
   1.149 +characteristics of the Software, to the limited warranty, and to the
   1.150 +fact that its use is restricted to experienced users has been provided
   1.151 +to the Licensee prior to its acceptance as set forth in Article 3.1
   1.152 +hereinabove, and the Licensee hereby acknowledges that it has read and 
   1.153 +understood it.
   1.154 +
   1.155 +
   1.156 +    Article 4 - EFFECTIVE DATE AND TERM
   1.157 +
   1.158 +
   1.159 +      4.1 EFFECTIVE DATE
   1.160 +
   1.161 +The Agreement shall become effective on the date when it is accepted by
   1.162 +the Licensee as set forth in Article 3.1.
   1.163 +
   1.164 +
   1.165 +      4.2 TERM
   1.166 +
   1.167 +The Agreement shall remain in force for the entire legal term of
   1.168 +protection of the economic rights over the Software.
   1.169 +
   1.170 +
   1.171 +    Article 5 - SCOPE OF RIGHTS GRANTED
   1.172 +
   1.173 +The Licensor hereby grants to the Licensee, who accepts, the following
   1.174 +rights over the Software for any or all use, and for the term of the
   1.175 +Agreement, on the basis of the terms and conditions set forth hereinafter.
   1.176 +
   1.177 +Besides, if the Licensor owns or comes to own one or more patents
   1.178 +protecting all or part of the functions of the Software or of its
   1.179 +components, the Licensor undertakes not to enforce the rights granted by
   1.180 +these patents against successive Licensees using, exploiting or
   1.181 +modifying the Software. If these patents are transferred, the Licensor
   1.182 +undertakes to have the transferees subscribe to the obligations set
   1.183 +forth in this paragraph.
   1.184 +
   1.185 +
   1.186 +      5.1 RIGHT OF USE
   1.187 +
   1.188 +The Licensee is authorized to use the Software, without any limitation
   1.189 +as to its fields of application, with it being hereinafter specified
   1.190 +that this comprises:
   1.191 +
   1.192 +   1. permanent or temporary reproduction of all or part of the Software
   1.193 +      by any or all means and in any or all form.
   1.194 +
   1.195 +   2. loading, displaying, running, or storing the Software on any or
   1.196 +      all medium.
   1.197 +
   1.198 +   3. entitlement to observe, study or test its operation so as to
   1.199 +      determine the ideas and principles behind any or all constituent
   1.200 +      elements of said Software. This shall apply when the Licensee
   1.201 +      carries out any or all loading, displaying, running, transmission
   1.202 +      or storage operation as regards the Software, that it is entitled
   1.203 +      to carry out hereunder.
   1.204 +
   1.205 +
   1.206 +      5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
   1.207 +
   1.208 +The right to make Contributions includes the right to translate, adapt,
   1.209 +arrange, or make any or all modifications to the Software, and the right
   1.210 +to reproduce the resulting software.
   1.211 +
   1.212 +The Licensee is authorized to make any or all Contributions to the
   1.213 +Software provided that it includes an explicit notice that it is the
   1.214 +author of said Contribution and indicates the date of the creation thereof.
   1.215 +
   1.216 +
   1.217 +      5.3 RIGHT OF DISTRIBUTION
   1.218 +
   1.219 +In particular, the right of distribution includes the right to publish,
   1.220 +transmit and communicate the Software to the general public on any or
   1.221 +all medium, and by any or all means, and the right to market, either in
   1.222 +consideration of a fee, or free of charge, one or more copies of the
   1.223 +Software by any means.
   1.224 +
   1.225 +The Licensee is further authorized to distribute copies of the modified
   1.226 +or unmodified Software to third parties according to the terms and
   1.227 +conditions set forth hereinafter.
   1.228 +
   1.229 +
   1.230 +        5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
   1.231 +
   1.232 +The Licensee is authorized to distribute true copies of the Software in
   1.233 +Source Code or Object Code form, provided that said distribution
   1.234 +complies with all the provisions of the Agreement and is accompanied by:
   1.235 +
   1.236 +   1. a copy of the Agreement,
   1.237 +
   1.238 +   2. a notice relating to the limitation of both the Licensor's
   1.239 +      warranty and liability as set forth in Articles 8 and 9,
   1.240 +
   1.241 +and that, in the event that only the Object Code of the Software is
   1.242 +redistributed, the Licensee allows future Licensees unhindered access to
   1.243 +the full Source Code of the Software by indicating how to access it, it
   1.244 +being understood that the additional cost of acquiring the Source Code
   1.245 +shall not exceed the cost of transferring the data.
   1.246 +
   1.247 +
   1.248 +        5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
   1.249 +
   1.250 +When the Licensee makes a Contribution to the Software, the terms and
   1.251 +conditions for the distribution of the resulting Modified Software 
   1.252 +become subject to all the provisions of this Agreement.
   1.253 +
   1.254 +The Licensee is authorized to distribute the Modified Software, in
   1.255 +source code or object code form, provided that said distribution
   1.256 +complies with all the provisions of the Agreement and is accompanied by:
   1.257 +
   1.258 +   1. a copy of the Agreement,
   1.259 +
   1.260 +   2. a notice relating to the limitation of both the Licensor's
   1.261 +      warranty and liability as set forth in Articles 8 and 9,
   1.262 +
   1.263 +and that, in the event that only the Object Code of the Modified
   1.264 +Software is redistributed, the Licensee allows future Licensees
   1.265 +unhindered access to the full source code of the Modified Software by
   1.266 +indicating how to access it, it being understood that the additional
   1.267 +cost of acquiring the source code shall not exceed the cost of
   1.268 +transferring the data.
   1.269 +
   1.270 +
   1.271 +        5.3.3 DISTRIBUTION OF EXTERNAL MODULES
   1.272 +
   1.273 +When the Licensee has developed an External Module, the terms and
   1.274 +conditions of this Agreement do not apply to said External Module, that
   1.275 +may be distributed under a separate license agreement.
   1.276 +
   1.277 +
   1.278 +        5.3.4 COMPATIBILITY WITH THE GNU GPL
   1.279 +
   1.280 +The Licensee can include a code that is subject to the provisions of one
   1.281 +of the versions of the GNU GPL in the Modified or unmodified Software,
   1.282 +and distribute that entire code under the terms of the same version of
   1.283 +the GNU GPL.
   1.284 +
   1.285 +The Licensee can include the Modified or unmodified Software in a code
   1.286 +that is subject to the provisions of one of the versions of the GNU GPL,
   1.287 +and distribute that entire code under the terms of the same version of
   1.288 +the GNU GPL.
   1.289 +
   1.290 +
   1.291 +    Article 6 - INTELLECTUAL PROPERTY
   1.292 +
   1.293 +
   1.294 +      6.1 OVER THE INITIAL SOFTWARE
   1.295 +
   1.296 +The Holder owns the economic rights over the Initial Software. Any or
   1.297 +all use of the Initial Software is subject to compliance with the terms
   1.298 +and conditions under which the Holder has elected to distribute its work
   1.299 +and no one shall be entitled to modify the terms and conditions for the
   1.300 +distribution of said Initial Software.
   1.301 +
   1.302 +The Holder undertakes that the Initial Software will remain ruled at
   1.303 +least by the current license, for the duration set forth in Article 4.2.
   1.304 +
   1.305 +
   1.306 +      6.2 OVER THE CONTRIBUTIONS
   1.307 +
   1.308 +A Licensee who develops a Contribution is the owner of the intellectual
   1.309 +property rights over this Contribution as defined by applicable law.
   1.310 +
   1.311 +
   1.312 +      6.3 OVER THE EXTERNAL MODULES
   1.313 +
   1.314 +A Licensee who develops an External Module is the owner of the
   1.315 +intellectual property rights over this External Module as defined by
   1.316 +applicable law and is free to choose the type of agreement that shall
   1.317 +govern its distribution.
   1.318 +
   1.319 +
   1.320 +      6.4 JOINT PROVISIONS
   1.321 +
   1.322 +The Licensee expressly undertakes:
   1.323 +
   1.324 +   1. not to remove, or modify, in any manner, the intellectual property
   1.325 +      notices attached to the Software;
   1.326 +
   1.327 +   2. to reproduce said notices, in an identical manner, in the copies
   1.328 +      of the Software modified or not.
   1.329 +
   1.330 +The Licensee undertakes not to directly or indirectly infringe the
   1.331 +intellectual property rights of the Holder and/or Contributors on the
   1.332 +Software and to take, where applicable, vis-à-vis its staff, any and all
   1.333 +measures required to ensure respect of said intellectual property rights
   1.334 +of the Holder and/or Contributors.
   1.335 +
   1.336 +
   1.337 +    Article 7 - RELATED SERVICES
   1.338 +
   1.339 +7.1 Under no circumstances shall the Agreement oblige the Licensor to
   1.340 +provide technical assistance or maintenance services for the Software.
   1.341 +
   1.342 +However, the Licensor is entitled to offer this type of services. The
   1.343 +terms and conditions of such technical assistance, and/or such
   1.344 +maintenance, shall be set forth in a separate instrument. Only the
   1.345 +Licensor offering said maintenance and/or technical assistance services
   1.346 +shall incur liability therefor.
   1.347 +
   1.348 +7.2 Similarly, any Licensor is entitled to offer to its licensees, under
   1.349 +its sole responsibility, a warranty, that shall only be binding upon
   1.350 +itself, for the redistribution of the Software and/or the Modified
   1.351 +Software, under terms and conditions that it is free to decide. Said
   1.352 +warranty, and the financial terms and conditions of its application,
   1.353 +shall be subject of a separate instrument executed between the Licensor
   1.354 +and the Licensee.
   1.355 +
   1.356 +
   1.357 +    Article 8 - LIABILITY
   1.358 +
   1.359 +8.1 Subject to the provisions of Article 8.2, the Licensee shall be
   1.360 +entitled to claim compensation for any direct loss it may have suffered
   1.361 +from the Software as a result of a fault on the part of the relevant
   1.362 +Licensor, subject to providing evidence thereof.
   1.363 +
   1.364 +8.2 The Licensor's liability is limited to the commitments made under
   1.365 +this Agreement and shall not be incurred as a result of in particular:
   1.366 +(i) loss due the Licensee's total or partial failure to fulfill its
   1.367 +obligations, (ii) direct or consequential loss that is suffered by the
   1.368 +Licensee due to the use or performance of the Software, and (iii) more
   1.369 +generally, any consequential loss. In particular the Parties expressly
   1.370 +agree that any or all pecuniary or business loss (i.e. loss of data,
   1.371 +loss of profits, operating loss, loss of customers or orders,
   1.372 +opportunity cost, any disturbance to business activities) or any or all
   1.373 +legal proceedings instituted against the Licensee by a third party,
   1.374 +shall constitute consequential loss and shall not provide entitlement to
   1.375 +any or all compensation from the Licensor.
   1.376 +
   1.377 +
   1.378 +    Article 9 - WARRANTY
   1.379 +
   1.380 +9.1 The Licensee acknowledges that the scientific and technical
   1.381 +state-of-the-art when the Software was distributed did not enable all
   1.382 +possible uses to be tested and verified, nor for the presence of
   1.383 +possible defects to be detected. In this respect, the Licensee's
   1.384 +attention has been drawn to the risks associated with loading, using,
   1.385 +modifying and/or developing and reproducing the Software which are
   1.386 +reserved for experienced users.
   1.387 +
   1.388 +The Licensee shall be responsible for verifying, by any or all means,
   1.389 +the suitability of the product for its requirements, its good working order,
   1.390 +and for ensuring that it shall not cause damage to either persons or
   1.391 +properties.
   1.392 +
   1.393 +9.2 The Licensor hereby represents, in good faith, that it is entitled
   1.394 +to grant all the rights over the Software (including in particular the
   1.395 +rights set forth in Article 5).
   1.396 +
   1.397 +9.3 The Licensee acknowledges that the Software is supplied "as is" by
   1.398 +the Licensor without any other express or tacit warranty, other than
   1.399 +that provided for in Article 9.2 and, in particular, without any warranty
   1.400 +as to its commercial value, its secured, safe, innovative or relevant 
   1.401 +nature.
   1.402 +
   1.403 +Specifically, the Licensor does not warrant that the Software is free
   1.404 +from any error, that it will operate without interruption, that it will
   1.405 +be compatible with the Licensee's own equipment and software
   1.406 +configuration, nor that it will meet the Licensee's requirements.
   1.407 +
   1.408 +9.4 The Licensor does not either expressly or tacitly warrant that the
   1.409 +Software does not infringe any third party intellectual property right
   1.410 +relating to a patent, software or any other property right. Therefore,
   1.411 +the Licensor disclaims any and all liability towards the Licensee
   1.412 +arising out of any or all proceedings for infringement that may be
   1.413 +instituted in respect of the use, modification and redistribution of the
   1.414 +Software. Nevertheless, should such proceedings be instituted against
   1.415 +the Licensee, the Licensor shall provide it with technical and legal
   1.416 +assistance for its defense. Such technical and legal assistance shall be
   1.417 +decided on a case-by-case basis between the relevant Licensor and the
   1.418 +Licensee pursuant to a memorandum of understanding. The Licensor
   1.419 +disclaims any and all liability as regards the Licensee's use of the
   1.420 +name of the Software. No warranty is given as regards the existence of
   1.421 +prior rights over the name of the Software or as regards the existence
   1.422 +of a trademark.
   1.423 +
   1.424 +
   1.425 +    Article 10 - TERMINATION
   1.426 +
   1.427 +10.1 In the event of a breach by the Licensee of its obligations
   1.428 +hereunder, the Licensor may automatically terminate this Agreement
   1.429 +thirty (30) days after notice has been sent to the Licensee and has
   1.430 +remained ineffective.
   1.431 +
   1.432 +10.2 A Licensee whose Agreement is terminated shall no longer be
   1.433 +authorized to use, modify or distribute the Software. However, any
   1.434 +licenses that it may have granted prior to termination of the Agreement
   1.435 +shall remain valid subject to their having been granted in compliance
   1.436 +with the terms and conditions hereof.
   1.437 +
   1.438 +
   1.439 +    Article 11 - MISCELLANEOUS
   1.440 +
   1.441 +
   1.442 +      11.1 EXCUSABLE EVENTS
   1.443 +
   1.444 +Neither Party shall be liable for any or all delay, or failure to
   1.445 +perform the Agreement, that may be attributable to an event of force
   1.446 +majeure, an act of God or an outside cause, such as defective
   1.447 +functioning or interruptions of the electricity or telecommunications
   1.448 +networks, network paralysis following a virus attack, intervention by
   1.449 +government authorities, natural disasters, water damage, earthquakes,
   1.450 +fire, explosions, strikes and labor unrest, war, etc.
   1.451 +
   1.452 +11.2 Any failure by either Party, on one or more occasions, to invoke
   1.453 +one or more of the provisions hereof, shall under no circumstances be
   1.454 +interpreted as being a waiver by the interested Party of its right to
   1.455 +invoke said provision(s) subsequently.
   1.456 +
   1.457 +11.3 The Agreement cancels and replaces any or all previous agreements,
   1.458 +whether written or oral, between the Parties and having the same
   1.459 +purpose, and constitutes the entirety of the agreement between said
   1.460 +Parties concerning said purpose. No supplement or modification to the
   1.461 +terms and conditions hereof shall be effective as between the Parties
   1.462 +unless it is made in writing and signed by their duly authorized
   1.463 +representatives.
   1.464 +
   1.465 +11.4 In the event that one or more of the provisions hereof were to
   1.466 +conflict with a current or future applicable act or legislative text,
   1.467 +said act or legislative text shall prevail, and the Parties shall make
   1.468 +the necessary amendments so as to comply with said act or legislative
   1.469 +text. All other provisions shall remain effective. Similarly, invalidity
   1.470 +of a provision of the Agreement, for any reason whatsoever, shall not
   1.471 +cause the Agreement as a whole to be invalid.
   1.472 +
   1.473 +
   1.474 +      11.5 LANGUAGE
   1.475 +
   1.476 +The Agreement is drafted in both French and English and both versions
   1.477 +are deemed authentic.
   1.478 +
   1.479 +
   1.480 +    Article 12 - NEW VERSIONS OF THE AGREEMENT
   1.481 +
   1.482 +12.1 Any person is authorized to duplicate and distribute copies of this
   1.483 +Agreement.
   1.484 +
   1.485 +12.2 So as to ensure coherence, the wording of this Agreement is
   1.486 +protected and may only be modified by the authors of the License, who
   1.487 +reserve the right to periodically publish updates or new versions of the
   1.488 +Agreement, each with a separate number. These subsequent versions may
   1.489 +address new issues encountered by Free Software.
   1.490 +
   1.491 +12.3 Any Software distributed under a given version of the Agreement may
   1.492 +only be subsequently distributed under the same version of the Agreement
   1.493 +or a subsequent version, subject to the provisions of Article 5.3.4.
   1.494 +
   1.495 +
   1.496 +    Article 13 - GOVERNING LAW AND JURISDICTION
   1.497 +
   1.498 +13.1 The Agreement is governed by French law. The Parties agree to
   1.499 +endeavor to seek an amicable solution to any disagreements or disputes
   1.500 +that may arise during the performance of the Agreement.
   1.501 +
   1.502 +13.2 Failing an amicable solution within two (2) months as from their
   1.503 +occurrence, and unless emergency proceedings are necessary, the
   1.504 +disagreements or disputes shall be referred to the Paris Courts having
   1.505 +jurisdiction, by the more diligent Party.
   1.506 +
   1.507 +
   1.508 +Version 2.0 dated 2006-07-12.