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diff --git a/common/CeCILL1/english b/common/CeCILL1/english new file mode 100644 index 0000000..b4efe11 --- /dev/null +++ b/common/CeCILL1/english @@ -0,0 +1,513 @@ + FREE SOFTWARE LICENSING AGREEMENT CeCILL + ======================================== + + +Notice +------ + + +This Agreement is a free software license that is the result of discussions +between its authors in order to ensure compliance with the two main +principles guiding its drafting: + - firstly, its conformity with French law, both as regards the law of + torts and intellectual property law, and the protection that it offers + to authors and the holders of economic rights over software. + - secondly, compliance with the principles for the distribution of free + software: access to source codes, extended user-rights. + +The following bodies are the authors of this license CeCILL (Ce : CEA, C : +CNRS, I : INRIA, LL : Logiciel Libre): + +Commissariat à l'Energie Atomique - CEA, a public scientific, technical and +industrial establishment, having its principal place of business at 31-33 +rue de la Fédération, 75752 PARIS cedex 15, France. + +Centre National de la Recherche Scientifique - CNRS, a public scientific +and technological establishment, having its principal place of business at +3 rue Michel-Ange 75794 Paris cedex 16, France. + +Institut National de Recherche en Informatique et en Automatique - INRIA, a +public scientific and technological establishment, having its principal +place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le +Chesnay cedex. + + +PREAMBLE +-------- + + +The purpose of this Free Software Licensing Agreement is to grant users the +right to modify and redistribute the software governed by this license +within the framework of an "open source" distribution model. + +The exercising of these rights is conditional upon certain obligations for +users so as to ensure that this status is retained for subsequent +redistribution operations. + +As a counterpart to the access to the source code and rights to copy, modify +and redistribute granted by the license, users are provided only with a +limited warranty and the software's author, the holder of the economic +rights, and the successive licensors only have limited liability. + +In this respect, it is brought to the user's attention that the risks +associated with loading, using, modifying and/or developing or reproducing +the software by the user given its nature of Free Software, that may +mean that it is complicated to manipulate, and that also therefore means +that it is reserved for developers and experienced professionals having +in-depth computer knowledge. Users are therefore encouraged to load and test +the Software's suitability as regards their requirements in conditions +enabling the security of their systems and/or data to be ensured and, more +generally, to use and operate it in the same conditions of security. +This Agreement may be freely reproduced and published, provided it is +not altered, and that no Articles are either added or removed herefrom. + +This Agreement may apply to any or all software for which the holder of the +economic rights decides to submit the operation thereof to its provisions. + + +Article 1 - DEFINITIONS +------------------------ + + +For the purposes of this Agreement, when the following expressions commence +with a capital letter, they shall have the following meaning: + +Agreement: means this Licensing Agreement, and any or all of its subsequent +versions. + +Software: means the software in its Object Code and/or Source Code form +and, where applicable, its documentation, "as is" at the time when the +Licensee accepts the Agreement. + +Initial Software: means the Software in its Source Code and/or Object Code +form and, where applicable, its documentation, "as is" at the time when it +is distributed for the first time under the terms and conditions of the +Agreement. + +Modified Software: means the Software modified by at least one +Contribution. + +Source Code: means all the Software's instructions and program lines to +which access is required so as to modify the Software. + +Object Code: means the binary files originating from the compilation of the +Source Code. + +Holder: means the holder of the economic rights over the Initial +Software. + +Licensee(s): mean(s) the Software user(s) having accepted the Agreement. + +Contributor: means a Licensee having made at least one Contribution. + +Licensor: means the Holder, or any or all other individual or legal entity, +that distributes the Software under the Agreement. + +Contributions: mean any or all modifications, corrections, translations, +adaptations and/or new functionalities integrated into the Software by any +or all Contributor, and the Static Modules. + +Module: means a set of sources files including their documentation that, +once compiled in executable form, enables supplementary functionalities or +services to be developed in addition to those offered by the Software. + +Dynamic Module: means any or all module, created by the Contributor, that +is independent of the Software, so that this module and the Software are in +two different executable forms that are run in separate address spaces, +with one calling the other when they are run. + +Static Module: means any or all module, created by the Contributor and +connected to the Software by a static link that makes their object codes +interdependent. This module and the Software to which it is connected, are +combined in a single executable. + +Parties: mean both the Licensee and the Licensor. + +These expressions may be used both in singular and plural form. + + +Article 2 - PURPOSE +------------------- + + +The purpose of the Agreement is to enable the Licensor to grant the +Licensee a free, non-exclusive, transferable and worldwide License for the +Software as set forth in Article 5 hereinafter for the whole term of +protection of the rights over said Software. + + +Article 3 - ACCEPTANCE +---------------------- + + +3.1. The Licensee shall be deemed as having accepted the terms and +conditions of this Agreement by the occurrence of the first of the +following events: +- (i) loading the Software by any or all means, notably, by downloading + from a remote server, or by loading from a physical medium; +- (ii) the first time the Licensee exercises any of the rights granted + hereunder. + +3.2. One copy of the Agreement, containing a notice relating to the +specific nature of the Software, to the limited warranty, and to the +limitation to use by experienced users has been provided to the Licensee +prior to its acceptance as set forth in Article 3.1 hereinabove, and the +Licensee hereby acknowledges that it is aware thereof. + + +Article 4 - EFFECTIVE DATE AND TERM +----------------------------------- + + +4.1. EFFECTIVE DATE + +The Agreement shall become effective on the date when it is accepted by the +Licensee as set forth in Article 3.1. + +4.2. TERM + +The Agreement shall remain in force during the whole legal term of +protection of the economic rights over the Software. + + +Article 5 - SCOPE OF THE RIGHTS GRANTED +--------------------------------------- + + +The Licensor hereby grants to the Licensee, that accepts such, the +following rights as regards the Software for any or all use, and for the +term of the Agreement, on the basis of the terms and conditions set forth +hereinafter. + +Otherwise, the Licensor grants to the Licensee free of charge exploitation +rights on the patents he holds on whole or part of the inventions +implemented in the Software. + +5.1. RIGHTS OF USE + +The Licensee is authorized to use the Software, unrestrictedly, as regards +the fields of application, with it being hereinafter specified that this +relates to: +- permanent or temporary reproduction of all or part of the Software by + any or all means and in any or all form. +- loading, displaying, running, or storing the Software on any or all + medium. +- entitlement to observe, study or test the operation thereof so as to + establish the ideas and principles that form the basis for any or all + constituent elements of said Software. This shall apply when the + Licensee carries out any or all loading, displaying, running, + transmission or storage operation as regards the Software, that it is + entitled to carry out hereunder. + +5.2. entitlement to make CONTRIBUTIONS + +The right to make Contributions includes the right to translate, adapt, +arrange, or make any or all modification to the Software, and the right to +reproduce the resulting Software. + +The Licensee is authorized to make any or all Contribution to the Software +provided that it explicitly mentions its name as the author of said +Contribution and the date of the development thereof. + +5.3. DISTRIBUTION AND PUBLICATION RIGHTS + +In particular, the right of distribution and publication includes the right +to transmit and communicate the Software to the general public on any or +all medium, and by any or all means, and the right to market, either in +consideration of a fee, or free of charge, a copy or copies of the Software +by means of any or all process. +The Licensee is further authorized to redistribute copies of the modified +or unmodified Software to third parties according to the terms and +conditions set forth hereinafter. + +5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION + +The Licensee is authorized to redistribute true copies of the Software in +Source Code or Object Code form, provided that said redistribution complies +with all the provisions of the Agreement and is accompanied by: +- a copy of the Agreement, +- a notice relating to the limitation of both the Licensor's warranty + and liability as set forth in Articles 8 and 9, +and that, in the event that only the Software's Object Code is +redistributed, the Licensee allows future Licensees unhindered access to +the Software's full Source Code by providing them with the terms and +conditions for access thereto, it being understood that the additional cost +of acquiring the Source Code shall not exceed the cost of transferring the +data. + +5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE + +When the Licensee makes a Contribution to the Software, the terms and +conditions for the redistribution of the Modified Software shall then be +subject to all the provisions hereof. + +The Licensee is authorized to redistribute the Modified Software, in Source +Code or Object Code form, provided that said redistribution complies with +all the provisions of the Agreement and is accompanied by: +- a copy of the Agreement, +- a notice relating to the limitation of both the Licensor's warranty + and liability as set forth in Articles 8 and 9, +and that, in the event that only the Modified Software's Object Code is +redistributed, the Licensee allows future Licensees unhindered access to +the Modified Software's full Source Code by providing them with the terms +and conditions for access thereto, it being understood that the additional +cost of acquiring the Source Code shall not exceed the cost of transferring +the data. + + +5.3.3. redistribution OF DYNAMIC MODULES + +When the Licensee has developed a Dynamic Module, the terms and conditions +hereof do not apply to said Dynamic Module, that may be distributed under +a separate Licensing Agreement. + +5.3.4. COMPATIBILITY WITH THE GPL LICENSE + +In the event that the Modified or unmodified Software is included in a code +that is subject to the provisions of the GPL License, the Licensee is +authorized to redistribute the whole under the GPL License. + +In the event that the Modified Software includes a code that is subject to +the provisions of the GPL License, the Licensee is authorized to +redistribute the Modified Software under the GPL License. + + +Article 6 - INTELLECTUAL PROPERTY +---------------------------------- + + +6.1. OVER THE INITIAL SOFTWARE + +The Holder owns the economic rights over the Initial Software. Any or all +use of the Initial Software is subject to compliance with the terms and +conditions under which the Holder has elected to distribute its work and no +one shall be entitled to and it shall have sole entitlement to modify the +terms and conditions for the distribution of said Initial Software. + +The Holder undertakes to maintain the distribution of the Initial Software +under the conditions of the Agreement, for the duration set forth in +article 4.2.. + +6.2. OVER THE CONTRIBUTIONS + +The intellectual property rights over the Contributions belong to the +holder of the economic rights as designated by effective legislation. + +6.3. OVER THE DYNAMIC MODULES + +The Licensee having developed a Dynamic Module is the holder of the +intellectual property rights over said Dynamic Module and is free to choose +the agreement that shall govern its distribution. + +6.4. JOINT PROVISIONS + +6.4.1. The Licensee expressly undertakes: +- not to remove, or modify, in any or all manner, the intellectual + property notices affixed to the Software; +- to reproduce said notices, in an identical manner, in the copies of + the Software. + +6.4.2. The Licensee undertakes not to directly or indirectly infringe the +intellectual property rights of the Holder and/or Contributors and to take, +where applicable, vis-à-vis its staff, any or all measures required to +ensure respect for said intellectual property rights of the Holder and/or +Contributors. + + +Article 7 - RELATED SERVICES +----------------------------- + + +7.1. Under no circumstances shall the Agreement oblige the Licensor to +provide technical assistance or maintenance services for the Software. + +However, the Licensor is entitled to offer this type of service. The +terms and conditions of such technical assistance, and/or such +maintenance, shall then be set forth in a separate instrument. Only the +Licensor offering said maintenance and/or technical assistance services +shall incur liability therefor. + +7.2. Similarly, any or all Licensor shall be entitled to offer to its +Licensees, under its own responsibility, a warranty, that shall only be +binding upon itself, for the redistribution of the Software and/or the +Modified Software, under terms and conditions that it shall decide upon +itself. Said warranty, and the financial terms and conditions of its +application, shall be subject to a separate instrument executed between the +Licensor and the Licensee. + + +Article 8 - LIABILITY +---------------------- + + +8.1. Subject to the provisions of Article 8.2, should the Licensor fail to +fulfill all or part of its obligations hereunder, the Licensee shall be +entitled to claim compensation for the direct loss suffered as a result of +a fault on the part of the Licensor, subject to providing evidence of it. + +8.2. The Licensor's liability is limited to the commitments made under this +Licensing Agreement and shall not be incurred as a result , in particular: +(i) of loss due the Licensee's total or partial failure to fulfill its +obligations, (ii) direct or consequential loss due to the Software's use or +performance that is suffered by the Licensee, when the latter is a +professional using said Software for professional purposes and (iii) +consequential loss due to the Software's use or performance. The Parties +expressly agree that any or all pecuniary or business loss (i.e. loss of +data, loss of profits, operating loss, loss of customers or orders, +opportunity cost, any disturbance to business activities) or any or all +legal proceedings instituted against the Licensee by a third party, shall +constitute consequential loss and shall not provide entitlement to any or +all compensation from the Licensor. + + +Article 9 - WARRANTY +--------------------- + + +9.1. The Licensee acknowledges that the current situation as regards +scientific and technical know-how at the time when the Software was +distributed did not enable all possible uses to be tested and verified, nor +for the presence of any or all faults to be detected. In this respect, the +Licensee's attention has been drawn to the risks associated with loading, +using, modifying and/or developing and reproducing the Software that are +reserved for experienced users. + +The Licensee shall be responsible for verifying, by any or all means, the +product's suitability for its requirements, its due and proper functioning, +and for ensuring that it shall not cause damage to either persons or +property. + +9.2. The Licensor hereby represents, in good faith, that it is entitled to +grant all the rights on the Software (including in particular the rights +set forth in Article 5 hereof over the Software). + +9.3. The Licensee acknowledges that the Software is supplied "as is" by the +Licensor without any or all other express or tacit warranty, other than +that provided for in Article 9.2 and, in particular, without any or all +warranty as to its market value, its secured, innovative or relevant +nature. + +Specifically, the Licensor does not warrant that the Software is free from +any or all error, that it shall operate continuously, that it shall be +compatible with the Licensee's own equipment and its software +configuration, nor that it shall meet the Licensee's requirements. + +9.4. The Licensor does not either expressly or tacitly warrant that the +Software does not infringe any or all third party intellectual right +relating to a patent, software or to any or all other property right. +Moreover, the Licensor shall not hold the Licensee harmless against any or +all proceedings for infringement that may be instituted in respect of the +use, modification and redistribution of the Software. Nevertheless, should +such proceedings be instituted against the Licensee, the Licensor shall +provide it with technical and legal assistance for its defense. Such +technical and legal assistance shall be decided upon on a case-by-case +basis between the relevant Licensor and the Licensee pursuant to a +memorandum of understanding. The Licensor disclaims any or all liability as +regards the Licensee's use of the Software's name. No warranty shall be +provided as regards the existence of prior rights over the name of the +Software and as regards the existence of a trademark. + + +Article 10 - TERMINATION +------------------------- + + +10.1. In the event of a breach by the Licensee of its obligations +hereunder, the Licensor may automatically terminate this Agreement thirty +(30) days after notice has been sent to the Licensee and has remained +ineffective. + +10.2. The Licensee whose Agreement is terminated shall no longer be +authorized to use, modify or distribute the Software. However, any or all +licenses that it may have granted prior to termination of the Agreement +shall remain valid subject to their having been granted in compliance with +the terms and conditions hereof. + + +Article 11 - MISCELLANEOUS PROVISIONS +-------------------------------------- + + +11.1. EXCUSABLE EVENTS + +Neither Party shall be liable for any or all delay, or failure to perform +the Agreement, that may be attributable to an event of force majeure, an +act of God or an outside cause, such as, notably, defective functioning, or +interruptions affecting the electricity or telecommunications networks, +blocking of the network following a virus attack, the intervention of the +government authorities, natural disasters, water damage, earthquakes, fire, +explosions, strikes and labor unrest, war, etc. + +11.2. The fact that either Party may fail, on one or several occasions, to +invoke one or several of the provisions hereof, shall under no +circumstances be interpreted as being a waiver by the interested Party of +its entitlement to invoke said provision(s) subsequently. + +11.3. The Agreement cancels and replaces any or all previous agreement, +whether written or oral, between the Parties and having the same purpose, +and constitutes the entirety of the agreement between said Parties +concerning said purpose. No supplement or modification to the terms and +conditions hereof shall be effective as regards the Parties unless it is +made in writing and signed by their duly authorized representatives. + +11.4. In the event that one or several of the provisions hereof were to +conflict with a current or future applicable act or legislative text, said +act or legislative text shall take precedence, and the Parties shall make +the necessary amendments so as to be in compliance with said act or +legislative text. All the other provisions shall remain effective. +Similarly, the fact that a provision of the Agreement may be null and +void, for any reason whatsoever, shall not cause the Agreement as a whole +to be null and void. + +11.5. LANGUAGE + +The Agreement is drafted in both French and English. In the event of a +conflict as regards construction, the French version shall be deemed +authentic. + + +Article 12 - NEW VERSIONS OF THE AGREEMENT +------------------------------------------- + + +12.1. Any or all person is authorized to duplicate and distribute copies of +this Agreement. + +12.2. So as to ensure coherence, the wording of this Agreement is protected +and may only be modified by the authors of the License, that reserve the +right to periodically publish updates or new versions of the Agreement, +each with a separate number. These subsequent versions may address new issues +encountered by Free Software. + +12.3. Any or all Software distributed under a given version of the +Agreement may only be subsequently distributed under the same version of +the Agreement, or a subsequent version, subject to the provisions of +article 5.3.4. + + +Article 13 - GOVERNING LAW AND JURISDICTION +------------------------------------------- + + +13.1. The Agreement is governed by French law. The Parties agree to +endeavor to settle the disagreements or disputes that may arise during the +performance of the Agreement out-of-court. + +13.2. In the absence of an out-of-court settlement within two (2) months as +from their occurrence, and unless emergency proceedings are necessary, the +disagreements or disputes shall be referred to the Paris Courts having +jurisdiction, by the first Party to take action. + + + Version 1.1 of 10/26/2004 + + + + + + + + + + + |