Changeset 35 in pacpusframework


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Timestamp:
Jan 8, 2013, 6:31:34 PM (12 years ago)
Author:
DHERBOMEZ Gérald
Message:

modifications des licences de pacpus, utilisation de la licence CECILL-C (équivalente en droits de la LGPL).

Location:
trunk
Files:
1 added
1 edited

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  • trunk/LICENSE.txt

    r17 r35  
    1 UTC Heudiasyc Pacpus License, Version 1.0.
    2 Copyright (c) UTC Heudiasyc 2010 - 2012. All rights reserved.
     1
     2UTC/CNRS Heudiasyc Pacpus framework is distributed under the CECILL-C
     3License, Version 1.0.
     4
     5Copyright (c) UTC/CNRS Heudiasyc 2005 - 2012. 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
    3526
    4527LICENSE
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