1 | |
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2 | CeCILL FREE SOFTWARE LICENSE AGREEMENT |
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3 | |
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4 | |
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5 | Notice |
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6 | |
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7 | This Agreement is a Free Software license agreement that is the result |
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8 | of discussions between its authors in order to ensure compliance with |
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9 | the two main principles guiding its drafting: |
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10 | |
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11 | * firstly, compliance with the principles governing the distribution |
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12 | of Free Software: access to source code, broad rights granted to |
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13 | users, |
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14 | * secondly, the election of a governing law, French law, with which |
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15 | it is conformant, both as regards the law of torts and |
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16 | intellectual property law, and the protection that it offers to |
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17 | both authors and holders of the economic rights over software. |
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18 | |
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19 | The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre]) |
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20 | license are: |
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21 | |
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22 | Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
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23 | and industrial research establishment, having its principal place of |
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24 | business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
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25 | |
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26 | Centre National de la Recherche Scientifique - CNRS, a public scientific |
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27 | and technological research establishment, having its principal place of |
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28 | business at 3 rue Michel-Ange, 75794 Paris cedex 16, France. |
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29 | |
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30 | Institut National de Recherche en Informatique et en Automatique - |
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31 | INRIA, a public scientific and technological establishment, having its |
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32 | principal place of business at Domaine de Voluceau, Rocquencourt, BP |
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33 | 105, 78153 Le Chesnay cedex, France. |
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34 | |
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35 | |
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36 | Preamble |
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37 | |
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38 | The purpose of this Free Software license agreement is to grant users |
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39 | the right to modify and redistribute the software governed by this |
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40 | license within the framework of an open source distribution model. |
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41 | |
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42 | The exercising of these rights is conditional upon certain obligations |
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43 | for users so as to preserve this status for all subsequent redistributions. |
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44 | |
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45 | In consideration of access to the source code and the rights to copy, |
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46 | modify and redistribute granted by the license, users are provided only |
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47 | with a limited warranty and the software's author, the holder of the |
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48 | economic rights, and the successive licensors only have limited liability. |
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49 | |
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50 | In this respect, the risks associated with loading, using, modifying |
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51 | and/or developing or reproducing the software by the user are brought to |
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52 | the user's attention, given its Free Software status, which may make it |
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53 | complicated to use, with the result that its use is reserved for |
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54 | developers and experienced professionals having in-depth computer |
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55 | knowledge. Users are therefore encouraged to load and test the suitability |
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56 | of the software as regards their requirements in conditions enabling |
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57 | the security of their systems and/or data to be ensured and, more |
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58 | generally, to use and operate it in the same conditions of security. |
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59 | This Agreement may be freely reproduced and published, provided it is not |
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60 | altered, and that no provisions are either added or removed herefrom. |
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61 | |
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62 | This Agreement may apply to any or all software for which the holder of |
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63 | the economic rights decides to submit the use thereof to its provisions. |
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64 | |
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65 | |
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66 | Article 1 - DEFINITIONS |
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67 | |
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68 | For the purpose of this Agreement, when the following expressions |
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69 | commence with a capital letter, they shall have the following meaning: |
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70 | |
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71 | Agreement: means this license agreement, and its possible subsequent |
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72 | versions and annexes. |
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73 | |
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74 | Software: means the software in its Object Code and/or Source Code form |
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75 | and, where applicable, its documentation, "as is" when the Licensee |
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76 | accepts the Agreement. |
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77 | |
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78 | Initial Software: means the Software in its Source Code and possibly its |
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79 | Object Code form and, where applicable, its documentation, "as is" when |
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80 | it is first distributed under the terms and conditions of the Agreement. |
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81 | |
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82 | Modified Software: means the Software modified by at least one |
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83 | Contribution. |
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84 | |
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85 | Source Code: means all the Software's instructions and program lines to |
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86 | which access is required so as to modify the Software. |
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87 | |
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88 | Object Code: means the binary files originating from the compilation of |
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89 | the Source Code. |
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90 | |
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91 | Holder: means the holder(s) of the economic rights over the Initial |
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92 | Software. |
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93 | |
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94 | Licensee: means the Software user(s) having accepted the Agreement. |
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95 | |
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96 | Contributor: means a Licensee having made at least one Contribution. |
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97 | |
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98 | Licensor: means the Holder, or any other individual or legal entity, who |
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99 | distributes the Software under the Agreement. |
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100 | |
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101 | Contribution: means any or all modifications, corrections, translations, |
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102 | adaptations and/or new functions integrated into the Software by any or |
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103 | all Contributors, as well as any or all Internal Modules. |
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104 | |
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105 | Module: means a set of sources files including their documentation that |
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106 | enables supplementary functions or services in addition to those offered |
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107 | by the Software. |
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108 | |
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109 | External Module: means any or all Modules, not derived from the |
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110 | Software, so that this Module and the Software run in separate address |
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111 | spaces, with one calling the other when they are run. |
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112 | |
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113 | Internal Module: means any or all Module, connected to the Software so |
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114 | that they both execute in the same address space. |
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115 | |
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116 | GNU GPL: means the GNU General Public License version 2 or any |
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117 | subsequent version, as published by the Free Software Foundation Inc. |
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118 | |
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119 | Parties: mean both the Licensee and the Licensor. |
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120 | |
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121 | These expressions may be used both in singular and plural form. |
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122 | |
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123 | |
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124 | Article 2 - PURPOSE |
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125 | |
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126 | The purpose of the Agreement is the grant by the Licensor to the |
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127 | Licensee of a non-exclusive, transferable and worldwide license for the |
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128 | Software as set forth in Article 5 hereinafter for the whole term of the |
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129 | protection granted by the rights over said Software. |
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130 | |
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131 | |
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132 | Article 3 - ACCEPTANCE |
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133 | |
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134 | 3.1 The Licensee shall be deemed as having accepted the terms and |
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135 | conditions of this Agreement upon the occurrence of the first of the |
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136 | following events: |
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137 | |
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138 | * (i) loading the Software by any or all means, notably, by |
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139 | downloading from a remote server, or by loading from a physical |
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140 | medium; |
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141 | * (ii) the first time the Licensee exercises any of the rights |
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142 | granted hereunder. |
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143 | |
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144 | 3.2 One copy of the Agreement, containing a notice relating to the |
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145 | characteristics of the Software, to the limited warranty, and to the |
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146 | fact that its use is restricted to experienced users has been provided |
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147 | to the Licensee prior to its acceptance as set forth in Article 3.1 |
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148 | hereinabove, and the Licensee hereby acknowledges that it has read and |
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149 | understood it. |
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150 | |
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151 | |
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152 | Article 4 - EFFECTIVE DATE AND TERM |
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153 | |
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154 | |
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155 | 4.1 EFFECTIVE DATE |
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156 | |
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157 | The Agreement shall become effective on the date when it is accepted by |
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158 | the Licensee as set forth in Article 3.1. |
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159 | |
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160 | |
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161 | 4.2 TERM |
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162 | |
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163 | The Agreement shall remain in force for the entire legal term of |
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164 | protection of the economic rights over the Software. |
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165 | |
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166 | |
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167 | Article 5 - SCOPE OF RIGHTS GRANTED |
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168 | |
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169 | The Licensor hereby grants to the Licensee, who accepts, the following |
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170 | rights over the Software for any or all use, and for the term of the |
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171 | Agreement, on the basis of the terms and conditions set forth hereinafter. |
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172 | |
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173 | Besides, if the Licensor owns or comes to own one or more patents |
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174 | protecting all or part of the functions of the Software or of its |
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175 | components, the Licensor undertakes not to enforce the rights granted by |
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176 | these patents against successive Licensees using, exploiting or |
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177 | modifying the Software. If these patents are transferred, the Licensor |
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178 | undertakes to have the transferees subscribe to the obligations set |
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179 | forth in this paragraph. |
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180 | |
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181 | |
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182 | 5.1 RIGHT OF USE |
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183 | |
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184 | The Licensee is authorized to use the Software, without any limitation |
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185 | as to its fields of application, with it being hereinafter specified |
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186 | that this comprises: |
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187 | |
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188 | 1. permanent or temporary reproduction of all or part of the Software |
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189 | by any or all means and in any or all form. |
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190 | |
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191 | 2. loading, displaying, running, or storing the Software on any or |
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192 | all medium. |
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193 | |
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194 | 3. entitlement to observe, study or test its operation so as to |
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195 | determine the ideas and principles behind any or all constituent |
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196 | elements of said Software. This shall apply when the Licensee |
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197 | carries out any or all loading, displaying, running, transmission |
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198 | or storage operation as regards the Software, that it is entitled |
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199 | to carry out hereunder. |
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200 | |
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201 | |
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202 | 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
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203 | |
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204 | The right to make Contributions includes the right to translate, adapt, |
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205 | arrange, or make any or all modifications to the Software, and the right |
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206 | to reproduce the resulting software. |
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207 | |
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208 | The Licensee is authorized to make any or all Contributions to the |
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209 | Software provided that it includes an explicit notice that it is the |
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210 | author of said Contribution and indicates the date of the creation thereof. |
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211 | |
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212 | |
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213 | 5.3 RIGHT OF DISTRIBUTION |
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214 | |
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215 | In particular, the right of distribution includes the right to publish, |
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216 | transmit and communicate the Software to the general public on any or |
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217 | all medium, and by any or all means, and the right to market, either in |
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218 | consideration of a fee, or free of charge, one or more copies of the |
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219 | Software by any means. |
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220 | |
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221 | The Licensee is further authorized to distribute copies of the modified |
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222 | or unmodified Software to third parties according to the terms and |
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223 | conditions set forth hereinafter. |
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224 | |
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225 | |
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226 | 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
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227 | |
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228 | The Licensee is authorized to distribute true copies of the Software in |
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229 | Source Code or Object Code form, provided that said distribution |
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230 | complies with all the provisions of the Agreement and is accompanied by: |
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231 | |
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232 | 1. a copy of the Agreement, |
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233 | |
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234 | 2. a notice relating to the limitation of both the Licensor's |
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235 | warranty and liability as set forth in Articles 8 and 9, |
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236 | |
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237 | and that, in the event that only the Object Code of the Software is |
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238 | redistributed, the Licensee allows future Licensees unhindered access to |
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239 | the full Source Code of the Software by indicating how to access it, it |
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240 | being understood that the additional cost of acquiring the Source Code |
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241 | shall not exceed the cost of transferring the data. |
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242 | |
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243 | |
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244 | 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
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245 | |
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246 | When the Licensee makes a Contribution to the Software, the terms and |
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247 | conditions for the distribution of the resulting Modified Software |
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248 | become subject to all the provisions of this Agreement. |
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249 | |
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250 | The Licensee is authorized to distribute the Modified Software, in |
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251 | source code or object code form, provided that said distribution |
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252 | complies with all the provisions of the Agreement and is accompanied by: |
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253 | |
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254 | 1. a copy of the Agreement, |
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255 | |
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256 | 2. a notice relating to the limitation of both the Licensor's |
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257 | warranty and liability as set forth in Articles 8 and 9, |
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258 | |
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259 | and that, in the event that only the Object Code of the Modified |
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260 | Software is redistributed, the Licensee allows future Licensees |
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261 | unhindered access to the full source code of the Modified Software by |
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262 | indicating how to access it, it being understood that the additional |
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263 | cost of acquiring the source code shall not exceed the cost of |
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264 | transferring the data. |
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265 | |
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266 | |
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267 | 5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
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268 | |
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269 | When the Licensee has developed an External Module, the terms and |
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270 | conditions of this Agreement do not apply to said External Module, that |
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271 | may be distributed under a separate license agreement. |
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272 | |
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273 | |
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274 | 5.3.4 COMPATIBILITY WITH THE GNU GPL |
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275 | |
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276 | The Licensee can include a code that is subject to the provisions of one |
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277 | of the versions of the GNU GPL in the Modified or unmodified Software, |
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278 | and distribute that entire code under the terms of the same version of |
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279 | the GNU GPL. |
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280 | |
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281 | The Licensee can include the Modified or unmodified Software in a code |
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282 | that is subject to the provisions of one of the versions of the GNU GPL, |
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283 | and distribute that entire code under the terms of the same version of |
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284 | the GNU GPL. |
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285 | |
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286 | |
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287 | Article 6 - INTELLECTUAL PROPERTY |
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288 | |
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289 | |
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290 | 6.1 OVER THE INITIAL SOFTWARE |
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291 | |
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292 | The Holder owns the economic rights over the Initial Software. Any or |
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293 | all use of the Initial Software is subject to compliance with the terms |
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294 | and conditions under which the Holder has elected to distribute its work |
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295 | and no one shall be entitled to modify the terms and conditions for the |
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296 | distribution of said Initial Software. |
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297 | |
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298 | The Holder undertakes that the Initial Software will remain ruled at |
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299 | least by the current license, for the duration set forth in Article 4.2. |
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300 | |
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301 | |
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302 | 6.2 OVER THE CONTRIBUTIONS |
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303 | |
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304 | A Licensee who develops a Contribution is the owner of the intellectual |
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305 | property rights over this Contribution as defined by applicable law. |
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306 | |
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307 | |
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308 | 6.3 OVER THE EXTERNAL MODULES |
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309 | |
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310 | A Licensee who develops an External Module is the owner of the |
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311 | intellectual property rights over this External Module as defined by |
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312 | applicable law and is free to choose the type of agreement that shall |
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313 | govern its distribution. |
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314 | |
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315 | |
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316 | 6.4 JOINT PROVISIONS |
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317 | |
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318 | The Licensee expressly undertakes: |
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319 | |
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320 | 1. not to remove, or modify, in any manner, the intellectual property |
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321 | notices attached to the Software; |
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322 | |
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323 | 2. to reproduce said notices, in an identical manner, in the copies |
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324 | of the Software modified or not. |
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325 | |
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326 | The Licensee undertakes not to directly or indirectly infringe the |
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327 | intellectual property rights of the Holder and/or Contributors on the |
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328 | Software and to take, where applicable, vis-à-vis its staff, any and all |
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329 | measures required to ensure respect of said intellectual property rights |
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330 | of the Holder and/or Contributors. |
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331 | |
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332 | |
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333 | Article 7 - RELATED SERVICES |
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334 | |
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335 | 7.1 Under no circumstances shall the Agreement oblige the Licensor to |
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336 | provide technical assistance or maintenance services for the Software. |
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337 | |
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338 | However, the Licensor is entitled to offer this type of services. The |
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339 | terms and conditions of such technical assistance, and/or such |
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340 | maintenance, shall be set forth in a separate instrument. Only the |
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341 | Licensor offering said maintenance and/or technical assistance services |
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342 | shall incur liability therefor. |
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343 | |
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344 | 7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
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345 | its sole responsibility, a warranty, that shall only be binding upon |
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346 | itself, for the redistribution of the Software and/or the Modified |
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347 | Software, under terms and conditions that it is free to decide. Said |
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348 | warranty, and the financial terms and conditions of its application, |
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349 | shall be subject of a separate instrument executed between the Licensor |
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350 | and the Licensee. |
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351 | |
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352 | |
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353 | Article 8 - LIABILITY |
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354 | |
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355 | 8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
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356 | entitled to claim compensation for any direct loss it may have suffered |
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357 | from the Software as a result of a fault on the part of the relevant |
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358 | Licensor, subject to providing evidence thereof. |
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359 | |
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360 | 8.2 The Licensor's liability is limited to the commitments made under |
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361 | this Agreement and shall not be incurred as a result of in particular: |
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362 | (i) loss due the Licensee's total or partial failure to fulfill its |
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363 | obligations, (ii) direct or consequential loss that is suffered by the |
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364 | Licensee due to the use or performance of the Software, and (iii) more |
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365 | generally, any consequential loss. In particular the Parties expressly |
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366 | agree that any or all pecuniary or business loss (i.e. loss of data, |
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367 | loss of profits, operating loss, loss of customers or orders, |
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368 | opportunity cost, any disturbance to business activities) or any or all |
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369 | legal proceedings instituted against the Licensee by a third party, |
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370 | shall constitute consequential loss and shall not provide entitlement to |
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371 | any or all compensation from the Licensor. |
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372 | |
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373 | |
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374 | Article 9 - WARRANTY |
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375 | |
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376 | 9.1 The Licensee acknowledges that the scientific and technical |
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377 | state-of-the-art when the Software was distributed did not enable all |
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378 | possible uses to be tested and verified, nor for the presence of |
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379 | possible defects to be detected. In this respect, the Licensee's |
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380 | attention has been drawn to the risks associated with loading, using, |
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381 | modifying and/or developing and reproducing the Software which are |
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382 | reserved for experienced users. |
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383 | |
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384 | The Licensee shall be responsible for verifying, by any or all means, |
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385 | the suitability of the product for its requirements, its good working order, |
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386 | and for ensuring that it shall not cause damage to either persons or |
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387 | properties. |
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388 | |
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389 | 9.2 The Licensor hereby represents, in good faith, that it is entitled |
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390 | to grant all the rights over the Software (including in particular the |
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391 | rights set forth in Article 5). |
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392 | |
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393 | 9.3 The Licensee acknowledges that the Software is supplied "as is" by |
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394 | the Licensor without any other express or tacit warranty, other than |
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395 | that provided for in Article 9.2 and, in particular, without any warranty |
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396 | as to its commercial value, its secured, safe, innovative or relevant |
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397 | nature. |
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398 | |
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399 | Specifically, the Licensor does not warrant that the Software is free |
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400 | from any error, that it will operate without interruption, that it will |
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401 | be compatible with the Licensee's own equipment and software |
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402 | configuration, nor that it will meet the Licensee's requirements. |
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403 | |
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404 | 9.4 The Licensor does not either expressly or tacitly warrant that the |
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405 | Software does not infringe any third party intellectual property right |
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406 | relating to a patent, software or any other property right. Therefore, |
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407 | the Licensor disclaims any and all liability towards the Licensee |
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408 | arising out of any or all proceedings for infringement that may be |
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409 | instituted in respect of the use, modification and redistribution of the |
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410 | Software. Nevertheless, should such proceedings be instituted against |
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411 | the Licensee, the Licensor shall provide it with technical and legal |
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412 | assistance for its defense. Such technical and legal assistance shall be |
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413 | decided on a case-by-case basis between the relevant Licensor and the |
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414 | Licensee pursuant to a memorandum of understanding. The Licensor |
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415 | disclaims any and all liability as regards the Licensee's use of the |
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416 | name of the Software. No warranty is given as regards the existence of |
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417 | prior rights over the name of the Software or as regards the existence |
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418 | of a trademark. |
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419 | |
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420 | |
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421 | Article 10 - TERMINATION |
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422 | |
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423 | 10.1 In the event of a breach by the Licensee of its obligations |
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424 | hereunder, the Licensor may automatically terminate this Agreement |
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425 | thirty (30) days after notice has been sent to the Licensee and has |
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426 | remained ineffective. |
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427 | |
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428 | 10.2 A Licensee whose Agreement is terminated shall no longer be |
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429 | authorized to use, modify or distribute the Software. However, any |
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430 | licenses that it may have granted prior to termination of the Agreement |
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431 | shall remain valid subject to their having been granted in compliance |
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432 | with the terms and conditions hereof. |
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433 | |
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434 | |
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435 | Article 11 - MISCELLANEOUS |
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436 | |
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437 | |
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438 | 11.1 EXCUSABLE EVENTS |
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439 | |
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440 | Neither Party shall be liable for any or all delay, or failure to |
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441 | perform the Agreement, that may be attributable to an event of force |
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442 | majeure, an act of God or an outside cause, such as defective |
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443 | functioning or interruptions of the electricity or telecommunications |
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444 | networks, network paralysis following a virus attack, intervention by |
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445 | government authorities, natural disasters, water damage, earthquakes, |
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446 | fire, explosions, strikes and labor unrest, war, etc. |
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447 | |
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448 | 11.2 Any failure by either Party, on one or more occasions, to invoke |
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449 | one or more of the provisions hereof, shall under no circumstances be |
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450 | interpreted as being a waiver by the interested Party of its right to |
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451 | invoke said provision(s) subsequently. |
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452 | |
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453 | 11.3 The Agreement cancels and replaces any or all previous agreements, |
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454 | whether written or oral, between the Parties and having the same |
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455 | purpose, and constitutes the entirety of the agreement between said |
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456 | Parties concerning said purpose. No supplement or modification to the |
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457 | terms and conditions hereof shall be effective as between the Parties |
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458 | unless it is made in writing and signed by their duly authorized |
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459 | representatives. |
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460 | |
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461 | 11.4 In the event that one or more of the provisions hereof were to |
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462 | conflict with a current or future applicable act or legislative text, |
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463 | said act or legislative text shall prevail, and the Parties shall make |
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464 | the necessary amendments so as to comply with said act or legislative |
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465 | text. All other provisions shall remain effective. Similarly, invalidity |
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466 | of a provision of the Agreement, for any reason whatsoever, shall not |
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467 | cause the Agreement as a whole to be invalid. |
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468 | |
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469 | |
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470 | 11.5 LANGUAGE |
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471 | |
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472 | The Agreement is drafted in both French and English and both versions |
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473 | are deemed authentic. |
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474 | |
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475 | |
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476 | Article 12 - NEW VERSIONS OF THE AGREEMENT |
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477 | |
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478 | 12.1 Any person is authorized to duplicate and distribute copies of this |
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479 | Agreement. |
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480 | |
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481 | 12.2 So as to ensure coherence, the wording of this Agreement is |
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482 | protected and may only be modified by the authors of the License, who |
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483 | reserve the right to periodically publish updates or new versions of the |
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484 | Agreement, each with a separate number. These subsequent versions may |
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485 | address new issues encountered by Free Software. |
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486 | |
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487 | 12.3 Any Software distributed under a given version of the Agreement may |
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488 | only be subsequently distributed under the same version of the Agreement |
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489 | or a subsequent version, subject to the provisions of Article 5.3.4. |
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490 | |
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491 | |
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492 | Article 13 - GOVERNING LAW AND JURISDICTION |
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493 | |
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494 | 13.1 The Agreement is governed by French law. The Parties agree to |
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495 | endeavor to seek an amicable solution to any disagreements or disputes |
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496 | that may arise during the performance of the Agreement. |
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497 | |
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498 | 13.2 Failing an amicable solution within two (2) months as from their |
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499 | occurrence, and unless emergency proceedings are necessary, the |
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500 | disagreements or disputes shall be referred to the Paris Courts having |
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501 | jurisdiction, by the more diligent Party. |
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502 | |
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503 | |
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504 | |
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505 | Article 14 - NAMING OF THE CONTRIBUTIONS AND MODIFIED SOFTWARE |
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506 | |
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507 | The name of distribution of a modified software refer in the name of the initial software. |
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508 | The sources must clearly show name of the initial software, the name of its author, and his |
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509 | Internet site. |
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510 | |
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511 | |
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512 | Version 2.0 completed dated 2006-07-12. |
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