source: extensions/CryptograPHP/cryptographp/Licence_CeCILL_V2-en.txt @ 10837

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first version of CryptograPHP

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2               CeCILL FREE SOFTWARE LICENSE AGREEMENT
3
4
5    Notice
6
7This Agreement is a Free Software license agreement that is the result
8of discussions between its authors in order to ensure compliance with
9the two main principles guiding its drafting:
10
11    * firstly, compliance with the principles governing the distribution
12      of Free Software: access to source code, broad rights granted to
13      users,
14    * secondly, the election of a governing law, French law, with which
15      it is conformant, both as regards the law of torts and
16      intellectual property law, and the protection that it offers to
17      both authors and holders of the economic rights over software.
18
19The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre])
20license are:
21
22Commissariat à l'Energie Atomique - CEA, a public scientific, technical
23and industrial research establishment, having its principal place of
24business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
25
26Centre National de la Recherche Scientifique - CNRS, a public scientific
27and technological research establishment, having its principal place of
28business at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
29
30Institut National de Recherche en Informatique et en Automatique -
31INRIA, a public scientific and technological establishment, having its
32principal place of business at Domaine de Voluceau, Rocquencourt, BP
33105, 78153 Le Chesnay cedex, France.
34
35
36    Preamble
37
38The purpose of this Free Software license agreement is to grant users
39the right to modify and redistribute the software governed by this
40license within the framework of an open source distribution model.
41
42The exercising of these rights is conditional upon certain obligations
43for users so as to preserve this status for all subsequent redistributions.
44
45In consideration of access to the source code and the rights to copy,
46modify and redistribute granted by the license, users are provided only
47with a limited warranty and the software's author, the holder of the
48economic rights, and the successive licensors only have limited liability.
49
50In this respect, the risks associated with loading, using, modifying
51and/or developing or reproducing the software by the user are brought to
52the user's attention, given its Free Software status, which may make it
53complicated to use, with the result that its use is reserved for
54developers and experienced professionals having in-depth computer
55knowledge. Users are therefore encouraged to load and test the suitability
56of the software as regards their requirements in conditions enabling
57the security of their systems and/or data to be ensured and, more
58generally, to use and operate it in the same conditions of security.
59This Agreement may be freely reproduced and published, provided it is not
60altered, and that no provisions are either added or removed herefrom.
61
62This Agreement may apply to any or all software for which the holder of
63the economic rights decides to submit the use thereof to its provisions.
64
65
66    Article 1 - DEFINITIONS
67
68For the purpose of this Agreement, when the following expressions
69commence with a capital letter, they shall have the following meaning:
70
71Agreement: means this license agreement, and its possible subsequent
72versions and annexes.
73
74Software: means the software in its Object Code and/or Source Code form
75and, where applicable, its documentation, "as is" when the Licensee
76accepts the Agreement.
77
78Initial Software: means the Software in its Source Code and possibly its
79Object Code form and, where applicable, its documentation, "as is" when
80it is first distributed under the terms and conditions of the Agreement.
81
82Modified Software: means the Software modified by at least one
83Contribution.
84
85Source Code: means all the Software's instructions and program lines to
86which access is required so as to modify the Software.
87
88Object Code: means the binary files originating from the compilation of
89the Source Code.
90
91Holder: means the holder(s) of the economic rights over the Initial
92Software.
93
94Licensee: means the Software user(s) having accepted the Agreement.
95
96Contributor: means a Licensee having made at least one Contribution.
97
98Licensor: means the Holder, or any other individual or legal entity, who
99distributes the Software under the Agreement.
100
101Contribution: means any or all modifications, corrections, translations,
102adaptations and/or new functions integrated into the Software by any or
103all Contributors, as well as any or all Internal Modules.
104
105Module: means a set of sources files including their documentation that
106enables supplementary functions or services in addition to those offered
107by the Software.
108
109External Module: means any or all Modules, not derived from the
110Software, so that this Module and the Software run in separate address
111spaces, with one calling the other when they are run.
112
113Internal Module: means any or all Module, connected to the Software so
114that they both execute in the same address space.
115
116GNU GPL: means the GNU General Public License version 2 or any
117subsequent version, as published by the Free Software Foundation Inc.
118
119Parties: mean both the Licensee and the Licensor.
120
121These expressions may be used both in singular and plural form.
122
123
124    Article 2 - PURPOSE
125
126The purpose of the Agreement is the grant by the Licensor to the
127Licensee of a non-exclusive, transferable and worldwide license for the
128Software as set forth in Article 5 hereinafter for the whole term of the
129protection granted by the rights over said Software.
130
131
132    Article 3 - ACCEPTANCE
133
1343.1 The Licensee shall be deemed as having accepted the terms and
135conditions of this Agreement upon the occurrence of the first of the
136following events:
137
138    * (i) loading the Software by any or all means, notably, by
139      downloading from a remote server, or by loading from a physical
140      medium;
141    * (ii) the first time the Licensee exercises any of the rights
142      granted hereunder.
143
1443.2 One copy of the Agreement, containing a notice relating to the
145characteristics of the Software, to the limited warranty, and to the
146fact that its use is restricted to experienced users has been provided
147to the Licensee prior to its acceptance as set forth in Article 3.1
148hereinabove, and the Licensee hereby acknowledges that it has read and
149understood it.
150
151
152    Article 4 - EFFECTIVE DATE AND TERM
153
154
155      4.1 EFFECTIVE DATE
156
157The Agreement shall become effective on the date when it is accepted by
158the Licensee as set forth in Article 3.1.
159
160
161      4.2 TERM
162
163The Agreement shall remain in force for the entire legal term of
164protection of the economic rights over the Software.
165
166
167    Article 5 - SCOPE OF RIGHTS GRANTED
168
169The Licensor hereby grants to the Licensee, who accepts, the following
170rights over the Software for any or all use, and for the term of the
171Agreement, on the basis of the terms and conditions set forth hereinafter.
172
173Besides, if the Licensor owns or comes to own one or more patents
174protecting all or part of the functions of the Software or of its
175components, the Licensor undertakes not to enforce the rights granted by
176these patents against successive Licensees using, exploiting or
177modifying the Software. If these patents are transferred, the Licensor
178undertakes to have the transferees subscribe to the obligations set
179forth in this paragraph.
180
181
182      5.1 RIGHT OF USE
183
184The Licensee is authorized to use the Software, without any limitation
185as to its fields of application, with it being hereinafter specified
186that this comprises:
187
188   1. permanent or temporary reproduction of all or part of the Software
189      by any or all means and in any or all form.
190
191   2. loading, displaying, running, or storing the Software on any or
192      all medium.
193
194   3. entitlement to observe, study or test its operation so as to
195      determine the ideas and principles behind any or all constituent
196      elements of said Software. This shall apply when the Licensee
197      carries out any or all loading, displaying, running, transmission
198      or storage operation as regards the Software, that it is entitled
199      to carry out hereunder.
200
201
202      5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
203
204The right to make Contributions includes the right to translate, adapt,
205arrange, or make any or all modifications to the Software, and the right
206to reproduce the resulting software.
207
208The Licensee is authorized to make any or all Contributions to the
209Software provided that it includes an explicit notice that it is the
210author of said Contribution and indicates the date of the creation thereof.
211
212
213      5.3 RIGHT OF DISTRIBUTION
214
215In particular, the right of distribution includes the right to publish,
216transmit and communicate the Software to the general public on any or
217all medium, and by any or all means, and the right to market, either in
218consideration of a fee, or free of charge, one or more copies of the
219Software by any means.
220
221The Licensee is further authorized to distribute copies of the modified
222or unmodified Software to third parties according to the terms and
223conditions set forth hereinafter.
224
225
226        5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
227
228The Licensee is authorized to distribute true copies of the Software in
229Source Code or Object Code form, provided that said distribution
230complies with all the provisions of the Agreement and is accompanied by:
231
232   1. a copy of the Agreement,
233
234   2. a notice relating to the limitation of both the Licensor's
235      warranty and liability as set forth in Articles 8 and 9,
236
237and that, in the event that only the Object Code of the Software is
238redistributed, the Licensee allows future Licensees unhindered access to
239the full Source Code of the Software by indicating how to access it, it
240being understood that the additional cost of acquiring the Source Code
241shall not exceed the cost of transferring the data.
242
243
244        5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
245
246When the Licensee makes a Contribution to the Software, the terms and
247conditions for the distribution of the resulting Modified Software
248become subject to all the provisions of this Agreement.
249
250The Licensee is authorized to distribute the Modified Software, in
251source code or object code form, provided that said distribution
252complies with all the provisions of the Agreement and is accompanied by:
253
254   1. a copy of the Agreement,
255
256   2. a notice relating to the limitation of both the Licensor's
257      warranty and liability as set forth in Articles 8 and 9,
258
259and that, in the event that only the Object Code of the Modified
260Software is redistributed, the Licensee allows future Licensees
261unhindered access to the full source code of the Modified Software by
262indicating how to access it, it being understood that the additional
263cost of acquiring the source code shall not exceed the cost of
264transferring the data.
265
266
267        5.3.3 DISTRIBUTION OF EXTERNAL MODULES
268
269When the Licensee has developed an External Module, the terms and
270conditions of this Agreement do not apply to said External Module, that
271may be distributed under a separate license agreement.
272
273
274        5.3.4 COMPATIBILITY WITH THE GNU GPL
275
276The Licensee can include a code that is subject to the provisions of one
277of the versions of the GNU GPL in the Modified or unmodified Software,
278and distribute that entire code under the terms of the same version of
279the GNU GPL.
280
281The Licensee can include the Modified or unmodified Software in a code
282that is subject to the provisions of one of the versions of the GNU GPL,
283and distribute that entire code under the terms of the same version of
284the GNU GPL.
285
286
287    Article 6 - INTELLECTUAL PROPERTY
288
289
290      6.1 OVER THE INITIAL SOFTWARE
291
292The Holder owns the economic rights over the Initial Software. Any or
293all use of the Initial Software is subject to compliance with the terms
294and conditions under which the Holder has elected to distribute its work
295and no one shall be entitled to modify the terms and conditions for the
296distribution of said Initial Software.
297
298The Holder undertakes that the Initial Software will remain ruled at
299least by the current license, for the duration set forth in Article 4.2.
300
301
302      6.2 OVER THE CONTRIBUTIONS
303
304A Licensee who develops a Contribution is the owner of the intellectual
305property rights over this Contribution as defined by applicable law.
306
307
308      6.3 OVER THE EXTERNAL MODULES
309
310A Licensee who develops an External Module is the owner of the
311intellectual property rights over this External Module as defined by
312applicable law and is free to choose the type of agreement that shall
313govern its distribution.
314
315
316      6.4 JOINT PROVISIONS
317
318The Licensee expressly undertakes:
319
320   1. not to remove, or modify, in any manner, the intellectual property
321      notices attached to the Software;
322
323   2. to reproduce said notices, in an identical manner, in the copies
324      of the Software modified or not.
325
326The Licensee undertakes not to directly or indirectly infringe the
327intellectual property rights of the Holder and/or Contributors on the
328Software and to take, where applicable, vis-à-vis its staff, any and all
329measures required to ensure respect of said intellectual property rights
330of the Holder and/or Contributors.
331
332
333    Article 7 - RELATED SERVICES
334
3357.1 Under no circumstances shall the Agreement oblige the Licensor to
336provide technical assistance or maintenance services for the Software.
337
338However, the Licensor is entitled to offer this type of services. The
339terms and conditions of such technical assistance, and/or such
340maintenance, shall be set forth in a separate instrument. Only the
341Licensor offering said maintenance and/or technical assistance services
342shall incur liability therefor.
343
3447.2 Similarly, any Licensor is entitled to offer to its licensees, under
345its sole responsibility, a warranty, that shall only be binding upon
346itself, for the redistribution of the Software and/or the Modified
347Software, under terms and conditions that it is free to decide. Said
348warranty, and the financial terms and conditions of its application,
349shall be subject of a separate instrument executed between the Licensor
350and the Licensee.
351
352
353    Article 8 - LIABILITY
354
3558.1 Subject to the provisions of Article 8.2, the Licensee shall be
356entitled to claim compensation for any direct loss it may have suffered
357from the Software as a result of a fault on the part of the relevant
358Licensor, subject to providing evidence thereof.
359
3608.2 The Licensor's liability is limited to the commitments made under
361this Agreement and shall not be incurred as a result of in particular:
362(i) loss due the Licensee's total or partial failure to fulfill its
363obligations, (ii) direct or consequential loss that is suffered by the
364Licensee due to the use or performance of the Software, and (iii) more
365generally, any consequential loss. In particular the Parties expressly
366agree that any or all pecuniary or business loss (i.e. loss of data,
367loss of profits, operating loss, loss of customers or orders,
368opportunity cost, any disturbance to business activities) or any or all
369legal proceedings instituted against the Licensee by a third party,
370shall constitute consequential loss and shall not provide entitlement to
371any or all compensation from the Licensor.
372
373
374    Article 9 - WARRANTY
375
3769.1 The Licensee acknowledges that the scientific and technical
377state-of-the-art when the Software was distributed did not enable all
378possible uses to be tested and verified, nor for the presence of
379possible defects to be detected. In this respect, the Licensee's
380attention has been drawn to the risks associated with loading, using,
381modifying and/or developing and reproducing the Software which are
382reserved for experienced users.
383
384The Licensee shall be responsible for verifying, by any or all means,
385the suitability of the product for its requirements, its good working order,
386and for ensuring that it shall not cause damage to either persons or
387properties.
388
3899.2 The Licensor hereby represents, in good faith, that it is entitled
390to grant all the rights over the Software (including in particular the
391rights set forth in Article 5).
392
3939.3 The Licensee acknowledges that the Software is supplied "as is" by
394the Licensor without any other express or tacit warranty, other than
395that provided for in Article 9.2 and, in particular, without any warranty
396as to its commercial value, its secured, safe, innovative or relevant
397nature.
398
399Specifically, the Licensor does not warrant that the Software is free
400from any error, that it will operate without interruption, that it will
401be compatible with the Licensee's own equipment and software
402configuration, nor that it will meet the Licensee's requirements.
403
4049.4 The Licensor does not either expressly or tacitly warrant that the
405Software does not infringe any third party intellectual property right
406relating to a patent, software or any other property right. Therefore,
407the Licensor disclaims any and all liability towards the Licensee
408arising out of any or all proceedings for infringement that may be
409instituted in respect of the use, modification and redistribution of the
410Software. Nevertheless, should such proceedings be instituted against
411the Licensee, the Licensor shall provide it with technical and legal
412assistance for its defense. Such technical and legal assistance shall be
413decided on a case-by-case basis between the relevant Licensor and the
414Licensee pursuant to a memorandum of understanding. The Licensor
415disclaims any and all liability as regards the Licensee's use of the
416name of the Software. No warranty is given as regards the existence of
417prior rights over the name of the Software or as regards the existence
418of a trademark.
419
420
421    Article 10 - TERMINATION
422
42310.1 In the event of a breach by the Licensee of its obligations
424hereunder, the Licensor may automatically terminate this Agreement
425thirty (30) days after notice has been sent to the Licensee and has
426remained ineffective.
427
42810.2 A Licensee whose Agreement is terminated shall no longer be
429authorized to use, modify or distribute the Software. However, any
430licenses that it may have granted prior to termination of the Agreement
431shall remain valid subject to their having been granted in compliance
432with the terms and conditions hereof.
433
434
435    Article 11 - MISCELLANEOUS
436
437
438      11.1 EXCUSABLE EVENTS
439
440Neither Party shall be liable for any or all delay, or failure to
441perform the Agreement, that may be attributable to an event of force
442majeure, an act of God or an outside cause, such as defective
443functioning or interruptions of the electricity or telecommunications
444networks, network paralysis following a virus attack, intervention by
445government authorities, natural disasters, water damage, earthquakes,
446fire, explosions, strikes and labor unrest, war, etc.
447
44811.2 Any failure by either Party, on one or more occasions, to invoke
449one or more of the provisions hereof, shall under no circumstances be
450interpreted as being a waiver by the interested Party of its right to
451invoke said provision(s) subsequently.
452
45311.3 The Agreement cancels and replaces any or all previous agreements,
454whether written or oral, between the Parties and having the same
455purpose, and constitutes the entirety of the agreement between said
456Parties concerning said purpose. No supplement or modification to the
457terms and conditions hereof shall be effective as between the Parties
458unless it is made in writing and signed by their duly authorized
459representatives.
460
46111.4 In the event that one or more of the provisions hereof were to
462conflict with a current or future applicable act or legislative text,
463said act or legislative text shall prevail, and the Parties shall make
464the necessary amendments so as to comply with said act or legislative
465text. All other provisions shall remain effective. Similarly, invalidity
466of a provision of the Agreement, for any reason whatsoever, shall not
467cause the Agreement as a whole to be invalid.
468
469
470      11.5 LANGUAGE
471
472The Agreement is drafted in both French and English and both versions
473are deemed authentic.
474
475
476    Article 12 - NEW VERSIONS OF THE AGREEMENT
477
47812.1 Any person is authorized to duplicate and distribute copies of this
479Agreement.
480
48112.2 So as to ensure coherence, the wording of this Agreement is
482protected and may only be modified by the authors of the License, who
483reserve the right to periodically publish updates or new versions of the
484Agreement, each with a separate number. These subsequent versions may
485address new issues encountered by Free Software.
486
48712.3 Any Software distributed under a given version of the Agreement may
488only be subsequently distributed under the same version of the Agreement
489or a subsequent version, subject to the provisions of Article 5.3.4.
490
491
492    Article 13 - GOVERNING LAW AND JURISDICTION
493
49413.1 The Agreement is governed by French law. The Parties agree to
495endeavor to seek an amicable solution to any disagreements or disputes
496that may arise during the performance of the Agreement.
497
49813.2 Failing an amicable solution within two (2) months as from their
499occurrence, and unless emergency proceedings are necessary, the
500disagreements or disputes shall be referred to the Paris Courts having
501jurisdiction, by the more diligent Party.
502
503
504
505    Article 14 - NAMING OF THE CONTRIBUTIONS AND MODIFIED SOFTWARE
506
507The name of distribution of a modified software refer in the name of the initial software.
508The sources must clearly show name of the initial software, the name of its author, and his
509Internet site.
510
511
512Version 2.0 completed dated 2006-07-12.
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