Changeset 35 in pacpusframework
- Timestamp:
- Jan 8, 2013, 6:31:34 PM (12 years ago)
- Location:
- trunk
- Files:
-
- 1 added
- 1 edited
Legend:
- Unmodified
- Added
- Removed
-
trunk/LICENSE.txt
r17 r35 1 UTC Heudiasyc Pacpus License, Version 1.0. 2 Copyright (c) UTC Heudiasyc 2010 - 2012. All rights reserved. 1 2 UTC/CNRS Heudiasyc Pacpus framework is distributed under the CECILL-C 3 License, Version 1.0. 4 5 Copyright (c) UTC/CNRS Heudiasyc 2005 - 2012. All rights reserved. 6 7 8 9 CeCILL-C FREE SOFTWARE LICENSE AGREEMENT 10 11 12 Notice 13 14 This Agreement is a Free Software license agreement that is the result 15 of discussions between its authors in order to ensure compliance with 16 the 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 26 The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) 27 license are: 28 29 Commissariat à l'Energie Atomique - CEA, a public scientific, technical 30 and industrial research establishment, having its principal place of 31 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. 32 33 Centre National de la Recherche Scientifique - CNRS, a public scientific 34 and technological establishment, having its principal place of business 35 at 3 rue Michel-Ange, 75794 Paris cedex 16, France. 36 37 Institut National de Recherche en Informatique et en Automatique - 38 INRIA, a public scientific and technological establishment, having its 39 principal place of business at Domaine de Voluceau, Rocquencourt, BP 40 105, 78153 Le Chesnay cedex, France. 41 42 43 Preamble 44 45 The purpose of this Free Software license agreement is to grant users 46 the right to modify and re-use the software governed by this license. 47 48 The exercising of this right is conditional upon the obligation to make 49 available to the community the modifications made to the source code of 50 the software so as to contribute to its evolution. 51 52 In consideration of access to the source code and the rights to copy, 53 modify and redistribute granted by the license, users are provided only 54 with a limited warranty and the software's author, the holder of the 55 economic rights, and the successive licensors only have limited liability. 56 57 In this respect, the risks associated with loading, using, modifying 58 and/or developing or reproducing the software by the user are brought to 59 the user's attention, given its Free Software status, which may make it 60 complicated to use, with the result that its use is reserved for 61 developers and experienced professionals having in-depth computer 62 knowledge. Users are therefore encouraged to load and test the 63 suitability of the software as regards their requirements in conditions 64 enabling the security of their systems and/or data to be ensured and, 65 more generally, to use and operate it in the same conditions of 66 security. This Agreement may be freely reproduced and published, 67 provided it is not altered, and that no provisions are either added or 68 removed herefrom. 69 70 This Agreement may apply to any or all software for which the holder of 71 the economic rights decides to submit the use thereof to its provisions. 72 73 74 Article 1 - DEFINITIONS 75 76 For the purpose of this Agreement, when the following expressions 77 commence with a capital letter, they shall have the following meaning: 78 79 Agreement: means this license agreement, and its possible subsequent 80 versions and annexes. 81 82 Software: means the software in its Object Code and/or Source Code form 83 and, where applicable, its documentation, "as is" when the Licensee 84 accepts the Agreement. 85 86 Initial Software: means the Software in its Source Code and possibly its 87 Object Code form and, where applicable, its documentation, "as is" when 88 it is first distributed under the terms and conditions of the Agreement. 89 90 Modified Software: means the Software modified by at least one 91 Integrated Contribution. 92 93 Source Code: means all the Software's instructions and program lines to 94 which access is required so as to modify the Software. 95 96 Object Code: means the binary files originating from the compilation of 97 the Source Code. 98 99 Holder: means the holder(s) of the economic rights over the Initial 100 Software. 101 102 Licensee: means the Software user(s) having accepted the Agreement. 103 104 Contributor: means a Licensee having made at least one Integrated 105 Contribution. 106 107 Licensor: means the Holder, or any other individual or legal entity, who 108 distributes the Software under the Agreement. 109 110 Integrated Contribution: means any or all modifications, corrections, 111 translations, adaptations and/or new functions integrated into the 112 Source Code by any or all Contributors. 113 114 Related Module: means a set of sources files including their 115 documentation that, without modification to the Source Code, enables 116 supplementary functions or services in addition to those offered by the 117 Software. 118 119 Derivative Software: means any combination of the Software, modified or 120 not, and of a Related Module. 121 122 Parties: mean both the Licensee and the Licensor. 123 124 These expressions may be used both in singular and plural form. 125 126 127 Article 2 - PURPOSE 128 129 The purpose of the Agreement is the grant by the Licensor to the 130 Licensee of a non-exclusive, transferable and worldwide license for the 131 Software as set forth in Article 5 hereinafter for the whole term of the 132 protection granted by the rights over said Software. 133 134 135 Article 3 - ACCEPTANCE 136 137 3.1 The Licensee shall be deemed as having accepted the terms and 138 conditions of this Agreement upon the occurrence of the first of the 139 following 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. 146 147 3.2 One copy of the Agreement, containing a notice relating to the 148 characteristics of the Software, to the limited warranty, and to the 149 fact that its use is restricted to experienced users has been provided 150 to the Licensee prior to its acceptance as set forth in Article 3.1 151 hereinabove, and the Licensee hereby acknowledges that it has read and 152 understood it. 153 154 155 Article 4 - EFFECTIVE DATE AND TERM 156 157 158 4.1 EFFECTIVE DATE 159 160 The Agreement shall become effective on the date when it is accepted by 161 the Licensee as set forth in Article 3.1. 162 163 164 4.2 TERM 165 166 The Agreement shall remain in force for the entire legal term of 167 protection of the economic rights over the Software. 168 169 170 Article 5 - SCOPE OF RIGHTS GRANTED 171 172 The Licensor hereby grants to the Licensee, who accepts, the following 173 rights over the Software for any or all use, and for the term of the 174 Agreement, on the basis of the terms and conditions set forth hereinafter. 175 176 Besides, if the Licensor owns or comes to own one or more patents 177 protecting all or part of the functions of the Software or of its 178 components, the Licensor undertakes not to enforce the rights granted by 179 these patents against successive Licensees using, exploiting or 180 modifying the Software. If these patents are transferred, the Licensor 181 undertakes to have the transferees subscribe to the obligations set 182 forth in this paragraph. 183 184 185 5.1 RIGHT OF USE 186 187 The Licensee is authorized to use the Software, without any limitation 188 as to its fields of application, with it being hereinafter specified 189 that 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 206 207 The right of modification includes the right to translate, adapt, 208 arrange, or make any or all modifications to the Software, and the right 209 to reproduce the resulting software. It includes, in particular, the 210 right to create a Derivative Software. 211 212 The Licensee is authorized to make any or all modification to the 213 Software provided that it includes an explicit notice that it is the 214 author of said modification and indicates the date of the creation thereof. 215 216 217 5.3 RIGHT OF DISTRIBUTION 218 219 In particular, the right of distribution includes the right to publish, 220 transmit and communicate the Software to the general public on any or 221 all medium, and by any or all means, and the right to market, either in 222 consideration of a fee, or free of charge, one or more copies of the 223 Software by any means. 224 225 The Licensee is further authorized to distribute copies of the modified 226 or unmodified Software to third parties according to the terms and 227 conditions set forth hereinafter. 228 229 230 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION 231 232 The Licensee is authorized to distribute true copies of the Software in 233 Source Code or Object Code form, provided that said distribution 234 complies 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, 240 241 and that, in the event that only the Object Code of the Software is 242 redistributed, the Licensee allows effective access to the full Source 243 Code of the Software at a minimum during the entire period of its 244 distribution of the Software, it being understood that the additional 245 cost of acquiring the Source Code shall not exceed the cost of 246 transferring the data. 247 248 249 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE 250 251 When the Licensee makes an Integrated Contribution to the Software, the 252 terms and conditions for the distribution of the resulting Modified 253 Software become subject to all the provisions of this Agreement. 254 255 The Licensee is authorized to distribute the Modified Software, in 256 source code or object code form, provided that said distribution 257 complies 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, 263 264 and that, in the event that only the object code of the Modified 265 Software is redistributed, the Licensee allows effective access to the 266 full source code of the Modified Software at a minimum during the entire 267 period of its distribution of the Modified Software, it being understood 268 that the additional cost of acquiring the source code shall not exceed 269 the cost of transferring the data. 270 271 272 5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE 273 274 When the Licensee creates Derivative Software, this Derivative Software 275 may be distributed under a license agreement other than this Agreement, 276 subject to compliance with the requirement to include a notice 277 concerning the rights over the Software as defined in Article 6.4. 278 In the event the creation of the Derivative Software required modification 279 of 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 294 295 When a Modified Software contains an Integrated Contribution subject to 296 the CeCILL license agreement, or when a Derivative Software contains a 297 Related Module subject to the CeCILL license agreement, the provisions 298 set 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 305 306 The Holder owns the economic rights over the Initial Software. Any or 307 all use of the Initial Software is subject to compliance with the terms 308 and conditions under which the Holder has elected to distribute its work 309 and no one shall be entitled to modify the terms and conditions for the 310 distribution of said Initial Software. 311 312 The Holder undertakes that the Initial Software will remain ruled at 313 least by this Agreement, for the duration set forth in Article 4.2. 314 315 316 6.2 OVER THE INTEGRATED CONTRIBUTIONS 317 318 The Licensee who develops an Integrated Contribution is the owner of the 319 intellectual property rights over this Contribution as defined by 320 applicable law. 321 322 323 6.3 OVER THE RELATED MODULES 324 325 The Licensee who develops a Related Module is the owner of the 326 intellectual property rights over this Related Module as defined by 327 applicable law and is free to choose the type of agreement that shall 328 govern its distribution under the conditions defined in Article 5.3.3. 329 330 331 6.4 NOTICE OF RIGHTS 332 333 The 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. 345 346 The Licensee undertakes not to directly or indirectly infringe the 347 intellectual property rights of the Holder and/or Contributors on the 348 Software and to take, where applicable, vis-à-vis its staff, any and all 349 measures required to ensure respect of said intellectual property rights 350 of the Holder and/or Contributors. 351 352 353 Article 7 - RELATED SERVICES 354 355 7.1 Under no circumstances shall the Agreement oblige the Licensor to 356 provide technical assistance or maintenance services for the Software. 357 358 However, the Licensor is entitled to offer this type of services. The 359 terms and conditions of such technical assistance, and/or such 360 maintenance, shall be set forth in a separate instrument. Only the 361 Licensor offering said maintenance and/or technical assistance services 362 shall incur liability therefor. 363 364 7.2 Similarly, any Licensor is entitled to offer to its licensees, under 365 its sole responsibility, a warranty, that shall only be binding upon 366 itself, for the redistribution of the Software and/or the Modified 367 Software, under terms and conditions that it is free to decide. Said 368 warranty, and the financial terms and conditions of its application, 369 shall be subject of a separate instrument executed between the Licensor 370 and the Licensee. 371 372 373 Article 8 - LIABILITY 374 375 8.1 Subject to the provisions of Article 8.2, the Licensee shall be 376 entitled to claim compensation for any direct loss it may have suffered 377 from the Software as a result of a fault on the part of the relevant 378 Licensor, subject to providing evidence thereof. 379 380 8.2 The Licensor's liability is limited to the commitments made under 381 this 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 383 obligations, (ii) direct or consequential loss that is suffered by the 384 Licensee due to the use or performance of the Software, and (iii) more 385 generally, any consequential loss. In particular the Parties expressly 386 agree that any or all pecuniary or business loss (i.e. loss of data, 387 loss of profits, operating loss, loss of customers or orders, 388 opportunity cost, any disturbance to business activities) or any or all 389 legal proceedings instituted against the Licensee by a third party, 390 shall constitute consequential loss and shall not provide entitlement to 391 any or all compensation from the Licensor. 392 393 394 Article 9 - WARRANTY 395 396 9.1 The Licensee acknowledges that the scientific and technical 397 state-of-the-art when the Software was distributed did not enable all 398 possible uses to be tested and verified, nor for the presence of 399 possible defects to be detected. In this respect, the Licensee's 400 attention has been drawn to the risks associated with loading, using, 401 modifying and/or developing and reproducing the Software which are 402 reserved for experienced users. 403 404 The Licensee shall be responsible for verifying, by any or all means, 405 the suitability of the product for its requirements, its good working 406 order, and for ensuring that it shall not cause damage to either persons 407 or properties. 408 409 9.2 The Licensor hereby represents, in good faith, that it is entitled 410 to grant all the rights over the Software (including in particular the 411 rights set forth in Article 5). 412 413 9.3 The Licensee acknowledges that the Software is supplied "as is" by 414 the Licensor without any other express or tacit warranty, other than 415 that provided for in Article 9.2 and, in particular, without any warranty 416 as to its commercial value, its secured, safe, innovative or relevant 417 nature. 418 419 Specifically, the Licensor does not warrant that the Software is free 420 from any error, that it will operate without interruption, that it will 421 be compatible with the Licensee's own equipment and software 422 configuration, nor that it will meet the Licensee's requirements. 423 424 9.4 The Licensor does not either expressly or tacitly warrant that the 425 Software does not infringe any third party intellectual property right 426 relating to a patent, software or any other property right. Therefore, 427 the Licensor disclaims any and all liability towards the Licensee 428 arising out of any or all proceedings for infringement that may be 429 instituted in respect of the use, modification and redistribution of the 430 Software. Nevertheless, should such proceedings be instituted against 431 the Licensee, the Licensor shall provide it with technical and legal 432 assistance for its defense. Such technical and legal assistance shall be 433 decided on a case-by-case basis between the relevant Licensor and the 434 Licensee pursuant to a memorandum of understanding. The Licensor 435 disclaims any and all liability as regards the Licensee's use of the 436 name of the Software. No warranty is given as regards the existence of 437 prior rights over the name of the Software or as regards the existence 438 of a trademark. 439 440 441 Article 10 - TERMINATION 442 443 10.1 In the event of a breach by the Licensee of its obligations 444 hereunder, the Licensor may automatically terminate this Agreement 445 thirty (30) days after notice has been sent to the Licensee and has 446 remained ineffective. 447 448 10.2 A Licensee whose Agreement is terminated shall no longer be 449 authorized to use, modify or distribute the Software. However, any 450 licenses that it may have granted prior to termination of the Agreement 451 shall remain valid subject to their having been granted in compliance 452 with the terms and conditions hereof. 453 454 455 Article 11 - MISCELLANEOUS 456 457 458 11.1 EXCUSABLE EVENTS 459 460 Neither Party shall be liable for any or all delay, or failure to 461 perform the Agreement, that may be attributable to an event of force 462 majeure, an act of God or an outside cause, such as defective 463 functioning or interruptions of the electricity or telecommunications 464 networks, network paralysis following a virus attack, intervention by 465 government authorities, natural disasters, water damage, earthquakes, 466 fire, explosions, strikes and labor unrest, war, etc. 467 468 11.2 Any failure by either Party, on one or more occasions, to invoke 469 one or more of the provisions hereof, shall under no circumstances be 470 interpreted as being a waiver by the interested Party of its right to 471 invoke said provision(s) subsequently. 472 473 11.3 The Agreement cancels and replaces any or all previous agreements, 474 whether written or oral, between the Parties and having the same 475 purpose, and constitutes the entirety of the agreement between said 476 Parties concerning said purpose. No supplement or modification to the 477 terms and conditions hereof shall be effective as between the Parties 478 unless it is made in writing and signed by their duly authorized 479 representatives. 480 481 11.4 In the event that one or more of the provisions hereof were to 482 conflict with a current or future applicable act or legislative text, 483 said act or legislative text shall prevail, and the Parties shall make 484 the necessary amendments so as to comply with said act or legislative 485 text. All other provisions shall remain effective. Similarly, invalidity 486 of a provision of the Agreement, for any reason whatsoever, shall not 487 cause the Agreement as a whole to be invalid. 488 489 490 11.5 LANGUAGE 491 492 The Agreement is drafted in both French and English and both versions 493 are deemed authentic. 494 495 496 Article 12 - NEW VERSIONS OF THE AGREEMENT 497 498 12.1 Any person is authorized to duplicate and distribute copies of this 499 Agreement. 500 501 12.2 So as to ensure coherence, the wording of this Agreement is 502 protected and may only be modified by the authors of the License, who 503 reserve the right to periodically publish updates or new versions of the 504 Agreement, each with a separate number. These subsequent versions may 505 address new issues encountered by Free Software. 506 507 12.3 Any Software distributed under a given version of the Agreement may 508 only be subsequently distributed under the same version of the Agreement 509 or a subsequent version. 510 511 512 Article 13 - GOVERNING LAW AND JURISDICTION 513 514 13.1 The Agreement is governed by French law. The Parties agree to 515 endeavor to seek an amicable solution to any disagreements or disputes 516 that may arise during the performance of the Agreement. 517 518 13.2 Failing an amicable solution within two (2) months as from their 519 occurrence, and unless emergency proceedings are necessary, the 520 disagreements or disputes shall be referred to the Paris Courts having 521 jurisdiction, by the more diligent Party. 522 523 524 Version 1.0 dated 2006-09-05. 525 3 526 4 527 LICENSE
Note:
See TracChangeset
for help on using the changeset viewer.