source: flair-src/tags/latest/LICENSE.txt @ 110

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1
2UTC/CNRS Heudiasyc Flair framework is distributed under the CECILL-C
3License, Version 1.0.
4
5Copyright (c) UTC/CNRS Heudiasyc. All rights reserved.
6
7
8
9CeCILL-C FREE SOFTWARE LICENSE AGREEMENT
10
11
12    Notice
13
14This Agreement is a Free Software license agreement that is the result
15of discussions between its authors in order to ensure compliance with
16the two main principles guiding its drafting:
17
18    * firstly, compliance with the principles governing the distribution
19      of Free Software: access to source code, broad rights granted to
20      users,
21    * secondly, the election of a governing law, French law, with which
22      it is conformant, both as regards the law of torts and
23      intellectual property law, and the protection that it offers to
24      both authors and holders of the economic rights over software.
25
26The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
27license are:
28
29Commissariat à l'Energie Atomique - CEA, a public scientific, technical
30and industrial research establishment, having its principal place of
31business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
32
33Centre National de la Recherche Scientifique - CNRS, a public scientific
34and technological establishment, having its principal place of business
35at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
36
37Institut National de Recherche en Informatique et en Automatique -
38INRIA, a public scientific and technological establishment, having its
39principal place of business at Domaine de Voluceau, Rocquencourt, BP
40105, 78153 Le Chesnay cedex, France.
41
42
43    Preamble
44
45The purpose of this Free Software license agreement is to grant users
46the right to modify and re-use the software governed by this license.
47
48The exercising of this right is conditional upon the obligation to make
49available to the community the modifications made to the source code of
50the software so as to contribute to its evolution.
51
52In consideration of access to the source code and the rights to copy,
53modify and redistribute granted by the license, users are provided only
54with a limited warranty and the software's author, the holder of the
55economic rights, and the successive licensors only have limited liability.
56
57In this respect, the risks associated with loading, using, modifying
58and/or developing or reproducing the software by the user are brought to
59the user's attention, given its Free Software status, which may make it
60complicated to use, with the result that its use is reserved for
61developers and experienced professionals having in-depth computer
62knowledge. Users are therefore encouraged to load and test the
63suitability of the software as regards their requirements in conditions
64enabling the security of their systems and/or data to be ensured and,
65more generally, to use and operate it in the same conditions of
66security. This Agreement may be freely reproduced and published,
67provided it is not altered, and that no provisions are either added or
68removed herefrom.
69
70This Agreement may apply to any or all software for which the holder of
71the economic rights decides to submit the use thereof to its provisions.
72
73
74    Article 1 - DEFINITIONS
75
76For the purpose of this Agreement, when the following expressions
77commence with a capital letter, they shall have the following meaning:
78
79Agreement: means this license agreement, and its possible subsequent
80versions and annexes.
81
82Software: means the software in its Object Code and/or Source Code form
83and, where applicable, its documentation, "as is" when the Licensee
84accepts the Agreement.
85
86Initial Software: means the Software in its Source Code and possibly its
87Object Code form and, where applicable, its documentation, "as is" when
88it is first distributed under the terms and conditions of the Agreement.
89
90Modified Software: means the Software modified by at least one
91Integrated Contribution.
92
93Source Code: means all the Software's instructions and program lines to
94which access is required so as to modify the Software.
95
96Object Code: means the binary files originating from the compilation of
97the Source Code.
98
99Holder: means the holder(s) of the economic rights over the Initial
100Software.
101
102Licensee: means the Software user(s) having accepted the Agreement.
103
104Contributor: means a Licensee having made at least one Integrated
105Contribution.
106
107Licensor: means the Holder, or any other individual or legal entity, who
108distributes the Software under the Agreement.
109
110Integrated Contribution: means any or all modifications, corrections,
111translations, adaptations and/or new functions integrated into the
112Source Code by any or all Contributors.
113
114Related Module: means a set of sources files including their
115documentation that, without modification to the Source Code, enables
116supplementary functions or services in addition to those offered by the
117Software.
118
119Derivative Software: means any combination of the Software, modified or
120not, and of a Related Module.
121
122Parties: mean both the Licensee and the Licensor.
123
124These expressions may be used both in singular and plural form.
125
126
127    Article 2 - PURPOSE
128
129The purpose of the Agreement is the grant by the Licensor to the
130Licensee of a non-exclusive, transferable and worldwide license for the
131Software as set forth in Article 5 hereinafter for the whole term of the
132protection granted by the rights over said Software.
133
134
135    Article 3 - ACCEPTANCE
136
1373.1 The Licensee shall be deemed as having accepted the terms and
138conditions of this Agreement upon the occurrence of the first of the
139following events:
140
141    * (i) loading the Software by any or all means, notably, by
142      downloading from a remote server, or by loading from a physical
143      medium;
144    * (ii) the first time the Licensee exercises any of the rights
145      granted hereunder.
146
1473.2 One copy of the Agreement, containing a notice relating to the
148characteristics of the Software, to the limited warranty, and to the
149fact that its use is restricted to experienced users has been provided
150to the Licensee prior to its acceptance as set forth in Article 3.1
151hereinabove, and the Licensee hereby acknowledges that it has read and
152understood it.
153
154
155    Article 4 - EFFECTIVE DATE AND TERM
156
157
158      4.1 EFFECTIVE DATE
159
160The Agreement shall become effective on the date when it is accepted by
161the Licensee as set forth in Article 3.1.
162
163
164      4.2 TERM
165
166The Agreement shall remain in force for the entire legal term of
167protection of the economic rights over the Software.
168
169
170    Article 5 - SCOPE OF RIGHTS GRANTED
171
172The Licensor hereby grants to the Licensee, who accepts, the following
173rights over the Software for any or all use, and for the term of the
174Agreement, on the basis of the terms and conditions set forth hereinafter.
175
176Besides, if the Licensor owns or comes to own one or more patents
177protecting all or part of the functions of the Software or of its
178components, the Licensor undertakes not to enforce the rights granted by
179these patents against successive Licensees using, exploiting or
180modifying the Software. If these patents are transferred, the Licensor
181undertakes to have the transferees subscribe to the obligations set
182forth in this paragraph.
183
184
185      5.1 RIGHT OF USE
186
187The Licensee is authorized to use the Software, without any limitation
188as to its fields of application, with it being hereinafter specified
189that this comprises:
190
191   1. permanent or temporary reproduction of all or part of the Software
192      by any or all means and in any or all form.
193
194   2. loading, displaying, running, or storing the Software on any or
195      all medium.
196
197   3. entitlement to observe, study or test its operation so as to
198      determine the ideas and principles behind any or all constituent
199      elements of said Software. This shall apply when the Licensee
200      carries out any or all loading, displaying, running, transmission
201      or storage operation as regards the Software, that it is entitled
202      to carry out hereunder.
203
204
205      5.2 RIGHT OF MODIFICATION
206
207The right of modification includes the right to translate, adapt,
208arrange, or make any or all modifications to the Software, and the right
209to reproduce the resulting software. It includes, in particular, the
210right to create a Derivative Software.
211
212The Licensee is authorized to make any or all modification to the
213Software provided that it includes an explicit notice that it is the
214author of said modification and indicates the date of the creation thereof.
215
216
217      5.3 RIGHT OF DISTRIBUTION
218
219In particular, the right of distribution includes the right to publish,
220transmit and communicate the Software to the general public on any or
221all medium, and by any or all means, and the right to market, either in
222consideration of a fee, or free of charge, one or more copies of the
223Software by any means.
224
225The Licensee is further authorized to distribute copies of the modified
226or unmodified Software to third parties according to the terms and
227conditions set forth hereinafter.
228
229
230        5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
231
232The Licensee is authorized to distribute true copies of the Software in
233Source Code or Object Code form, provided that said distribution
234complies with all the provisions of the Agreement and is accompanied by:
235
236   1. a copy of the Agreement,
237
238   2. a notice relating to the limitation of both the Licensor's
239      warranty and liability as set forth in Articles 8 and 9,
240
241and that, in the event that only the Object Code of the Software is
242redistributed, the Licensee allows effective access to the full Source
243Code of the Software at a minimum during the entire period of its
244distribution of the Software, it being understood that the additional
245cost of acquiring the Source Code shall not exceed the cost of
246transferring the data.
247
248
249        5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
250
251When the Licensee makes an Integrated Contribution to the Software, the
252terms and conditions for the distribution of the resulting Modified
253Software become subject to all the provisions of this Agreement.
254
255The Licensee is authorized to distribute the Modified Software, in
256source code or object code form, provided that said distribution
257complies with all the provisions of the Agreement and is accompanied by:
258
259   1. a copy of the Agreement,
260
261   2. a notice relating to the limitation of both the Licensor's
262      warranty and liability as set forth in Articles 8 and 9,
263
264and that, in the event that only the object code of the Modified
265Software is redistributed, the Licensee allows effective access to the
266full source code of the Modified Software at a minimum during the entire
267period of its distribution of the Modified Software, it being understood
268that the additional cost of acquiring the source code shall not exceed
269the cost of transferring the data.
270
271
272        5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE
273
274When the Licensee creates Derivative Software, this Derivative Software
275may be distributed under a license agreement other than this Agreement,
276subject to compliance with the requirement to include a notice
277concerning the rights over the Software as defined in Article 6.4.
278In the event the creation of the Derivative Software required modification
279of the Source Code, the Licensee undertakes that:
280
281   1. the resulting Modified Software will be governed by this Agreement,
282   2. the Integrated Contributions in the resulting Modified Software
283      will be clearly identified and documented,
284   3. the Licensee will allow effective access to the source code of the
285      Modified Software, at a minimum during the entire period of
286      distribution of the Derivative Software, such that such
287      modifications may be carried over in a subsequent version of the
288      Software; it being understood that the additional cost of
289      purchasing the source code of the Modified Software shall not
290      exceed the cost of transferring the data.
291
292
293        5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE
294
295When a Modified Software contains an Integrated Contribution subject to
296the CeCILL license agreement, or when a Derivative Software contains a
297Related Module subject to the CeCILL license agreement, the provisions
298set forth in the third item of Article 6.4 are optional.
299
300
301    Article 6 - INTELLECTUAL PROPERTY
302
303
304      6.1 OVER THE INITIAL SOFTWARE
305
306The Holder owns the economic rights over the Initial Software. Any or
307all use of the Initial Software is subject to compliance with the terms
308and conditions under which the Holder has elected to distribute its work
309and no one shall be entitled to modify the terms and conditions for the
310distribution of said Initial Software.
311
312The Holder undertakes that the Initial Software will remain ruled at
313least by this Agreement, for the duration set forth in Article 4.2.
314
315
316      6.2 OVER THE INTEGRATED CONTRIBUTIONS
317
318The Licensee who develops an Integrated Contribution is the owner of the
319intellectual property rights over this Contribution as defined by
320applicable law.
321
322
323      6.3 OVER THE RELATED MODULES
324
325The Licensee who develops a Related Module is the owner of the
326intellectual property rights over this Related Module as defined by
327applicable law and is free to choose the type of agreement that shall
328govern its distribution under the conditions defined in Article 5.3.3.
329
330
331      6.4 NOTICE OF RIGHTS
332
333The Licensee expressly undertakes:
334
335   1. not to remove, or modify, in any manner, the intellectual property
336      notices attached to the Software;
337
338   2. to reproduce said notices, in an identical manner, in the copies
339      of the Software modified or not;
340
341   3. to ensure that use of the Software, its intellectual property
342      notices and the fact that it is governed by the Agreement is
343      indicated in a text that is easily accessible, specifically from
344      the interface of any Derivative Software.
345
346The Licensee undertakes not to directly or indirectly infringe the
347intellectual property rights of the Holder and/or Contributors on the
348Software and to take, where applicable, vis-à-vis its staff, any and all
349measures required to ensure respect of said intellectual property rights
350of the Holder and/or Contributors.
351
352
353    Article 7 - RELATED SERVICES
354
3557.1 Under no circumstances shall the Agreement oblige the Licensor to
356provide technical assistance or maintenance services for the Software.
357
358However, the Licensor is entitled to offer this type of services. The
359terms and conditions of such technical assistance, and/or such
360maintenance, shall be set forth in a separate instrument. Only the
361Licensor offering said maintenance and/or technical assistance services
362shall incur liability therefor.
363
3647.2 Similarly, any Licensor is entitled to offer to its licensees, under
365its sole responsibility, a warranty, that shall only be binding upon
366itself, for the redistribution of the Software and/or the Modified
367Software, under terms and conditions that it is free to decide. Said
368warranty, and the financial terms and conditions of its application,
369shall be subject of a separate instrument executed between the Licensor
370and the Licensee.
371
372
373    Article 8 - LIABILITY
374
3758.1 Subject to the provisions of Article 8.2, the Licensee shall be
376entitled to claim compensation for any direct loss it may have suffered
377from the Software as a result of a fault on the part of the relevant
378Licensor, subject to providing evidence thereof.
379
3808.2 The Licensor's liability is limited to the commitments made under
381this Agreement and shall not be incurred as a result of in particular:
382(i) loss due the Licensee's total or partial failure to fulfill its
383obligations, (ii) direct or consequential loss that is suffered by the
384Licensee due to the use or performance of the Software, and (iii) more
385generally, any consequential loss. In particular the Parties expressly
386agree that any or all pecuniary or business loss (i.e. loss of data,
387loss of profits, operating loss, loss of customers or orders,
388opportunity cost, any disturbance to business activities) or any or all
389legal proceedings instituted against the Licensee by a third party,
390shall constitute consequential loss and shall not provide entitlement to
391any or all compensation from the Licensor.
392
393
394    Article 9 - WARRANTY
395
3969.1 The Licensee acknowledges that the scientific and technical
397state-of-the-art when the Software was distributed did not enable all
398possible uses to be tested and verified, nor for the presence of
399possible defects to be detected. In this respect, the Licensee's
400attention has been drawn to the risks associated with loading, using,
401modifying and/or developing and reproducing the Software which are
402reserved for experienced users.
403
404The Licensee shall be responsible for verifying, by any or all means,
405the suitability of the product for its requirements, its good working
406order, and for ensuring that it shall not cause damage to either persons
407or properties.
408
4099.2 The Licensor hereby represents, in good faith, that it is entitled
410to grant all the rights over the Software (including in particular the
411rights set forth in Article 5).
412
4139.3 The Licensee acknowledges that the Software is supplied "as is" by
414the Licensor without any other express or tacit warranty, other than
415that provided for in Article 9.2 and, in particular, without any warranty
416as to its commercial value, its secured, safe, innovative or relevant
417nature.
418
419Specifically, the Licensor does not warrant that the Software is free
420from any error, that it will operate without interruption, that it will
421be compatible with the Licensee's own equipment and software
422configuration, nor that it will meet the Licensee's requirements.
423
4249.4 The Licensor does not either expressly or tacitly warrant that the
425Software does not infringe any third party intellectual property right
426relating to a patent, software or any other property right. Therefore,
427the Licensor disclaims any and all liability towards the Licensee
428arising out of any or all proceedings for infringement that may be
429instituted in respect of the use, modification and redistribution of the
430Software. Nevertheless, should such proceedings be instituted against
431the Licensee, the Licensor shall provide it with technical and legal
432assistance for its defense. Such technical and legal assistance shall be
433decided on a case-by-case basis between the relevant Licensor and the
434Licensee pursuant to a memorandum of understanding. The Licensor
435disclaims any and all liability as regards the Licensee's use of the
436name of the Software. No warranty is given as regards the existence of
437prior rights over the name of the Software or as regards the existence
438of a trademark.
439
440
441    Article 10 - TERMINATION
442
44310.1 In the event of a breach by the Licensee of its obligations
444hereunder, the Licensor may automatically terminate this Agreement
445thirty (30) days after notice has been sent to the Licensee and has
446remained ineffective.
447
44810.2 A Licensee whose Agreement is terminated shall no longer be
449authorized to use, modify or distribute the Software. However, any
450licenses that it may have granted prior to termination of the Agreement
451shall remain valid subject to their having been granted in compliance
452with the terms and conditions hereof.
453
454
455    Article 11 - MISCELLANEOUS
456
457
458      11.1 EXCUSABLE EVENTS
459
460Neither Party shall be liable for any or all delay, or failure to
461perform the Agreement, that may be attributable to an event of force
462majeure, an act of God or an outside cause, such as defective
463functioning or interruptions of the electricity or telecommunications
464networks, network paralysis following a virus attack, intervention by
465government authorities, natural disasters, water damage, earthquakes,
466fire, explosions, strikes and labor unrest, war, etc.
467
46811.2 Any failure by either Party, on one or more occasions, to invoke
469one or more of the provisions hereof, shall under no circumstances be
470interpreted as being a waiver by the interested Party of its right to
471invoke said provision(s) subsequently.
472
47311.3 The Agreement cancels and replaces any or all previous agreements,
474whether written or oral, between the Parties and having the same
475purpose, and constitutes the entirety of the agreement between said
476Parties concerning said purpose. No supplement or modification to the
477terms and conditions hereof shall be effective as between the Parties
478unless it is made in writing and signed by their duly authorized
479representatives.
480
48111.4 In the event that one or more of the provisions hereof were to
482conflict with a current or future applicable act or legislative text,
483said act or legislative text shall prevail, and the Parties shall make
484the necessary amendments so as to comply with said act or legislative
485text. All other provisions shall remain effective. Similarly, invalidity
486of a provision of the Agreement, for any reason whatsoever, shall not
487cause the Agreement as a whole to be invalid.
488
489
490      11.5 LANGUAGE
491
492The Agreement is drafted in both French and English and both versions
493are deemed authentic.
494
495
496    Article 12 - NEW VERSIONS OF THE AGREEMENT
497
49812.1 Any person is authorized to duplicate and distribute copies of this
499Agreement.
500
50112.2 So as to ensure coherence, the wording of this Agreement is
502protected and may only be modified by the authors of the License, who
503reserve the right to periodically publish updates or new versions of the
504Agreement, each with a separate number. These subsequent versions may
505address new issues encountered by Free Software.
506
50712.3 Any Software distributed under a given version of the Agreement may
508only be subsequently distributed under the same version of the Agreement
509or a subsequent version.
510
511
512    Article 13 - GOVERNING LAW AND JURISDICTION
513
51413.1 The Agreement is governed by French law. The Parties agree to
515endeavor to seek an amicable solution to any disagreements or disputes
516that may arise during the performance of the Agreement.
517
51813.2 Failing an amicable solution within two (2) months as from their
519occurrence, and unless emergency proceedings are necessary, the
520disagreements or disputes shall be referred to the Paris Courts having
521jurisdiction, by the more diligent Party.
522
523
524Version 1.0 dated 2006-09-05.
525
526
527LICENSE
528
5291. By using and/or opening any packaging enclosing this
530software, expanding any compressed file containing this
531software or by utilizing this software, you agree to be
532bound by the terms of this license agreement.
533
5342. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
535KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
536WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
537PURPOSE AND NONINFRINGEMENT. No oral or written advice given
538by Licensor or by an authorized representative of Licensor
539shall create a warranty.
540
5413. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
542THE LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
543LIABILITY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, OR
544ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
545WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
546OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
547COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
548YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED,
549REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
550OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE
551POSSIBILITY OF SUCH DAMAGES.
552
5534. THIS SOFTWARE IS NOT INTENDED FOR USE IN ANY APPLICATION
554IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,
555PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
556
5575. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
558WARRANTIES, LIABILITY OR LIMITATIONS ON APPLICABLE STATUTORY
559RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND
560LIMITATIONS MAY NOT APPLY TO YOU. IF SUCH EXCLUSIONS FROM
561LIABILITY APPLY TO YOU, DO NOT USE THIS SOFTWARE.
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