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diff --git a/licenses/CeCILL-B b/licenses/CeCILL-B new file mode 100644 index 000000000000..365263d878a4 --- /dev/null +++ b/licenses/CeCILL-B @@ -0,0 +1,514 @@ +CeCILL-B FREE SOFTWARE LICENSE AGREEMENT + + + Notice + +This Agreement is a Free Software license agreement that is the result +of discussions between its authors in order to ensure compliance with +the two main principles guiding its drafting: + + * firstly, compliance with the principles governing the distribution + of Free Software: access to source code, broad rights granted to + users, + * secondly, the election of a governing law, French law, with which + it is conformant, both as regards the law of torts and + intellectual property law, and the protection that it offers to + both authors and holders of the economic rights over software. + +The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) +license are: + +Commissariat à l'Energie Atomique - CEA, a public scientific, technical +and industrial research establishment, having its principal place of +business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, 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, France. + + + Preamble + +This Agreement is an open source software license intended to give users +significant freedom to modify and redistribute the software licensed +hereunder. + +The exercising of this freedom is conditional upon a strong obligation +of giving credits for everybody that distributes a software +incorporating a software ruled by the current license so as all +contributions to be properly identified and acknowledged. + +In consideration of access to the source code and the 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, the risks associated with loading, using, modifying +and/or developing or reproducing the software by the user are brought to +the user's attention, given its Free Software status, which may make it +complicated to use, with the result that its use is reserved for +developers and experienced professionals having in-depth computer +knowledge. Users are therefore encouraged to load and test the +suitability of the software 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 provisions 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 use thereof to its provisions. + + + Article 1 - DEFINITIONS + +For the purpose of this Agreement, when the following expressions +commence with a capital letter, they shall have the following meaning: + +Agreement: means this license agreement, and its possible subsequent +versions and annexes. + +Software: means the software in its Object Code and/or Source Code form +and, where applicable, its documentation, "as is" when the Licensee +accepts the Agreement. + +Initial Software: means the Software in its Source Code and possibly its +Object Code form and, where applicable, its documentation, "as is" when +it is first distributed 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(s) of the economic rights over the Initial +Software. + +Licensee: means the Software user(s) having accepted the Agreement. + +Contributor: means a Licensee having made at least one Contribution. + +Licensor: means the Holder, or any other individual or legal entity, who +distributes the Software under the Agreement. + +Contribution: means any or all modifications, corrections, translations, +adaptations and/or new functions integrated into the Software by any or +all Contributors, as well as any or all Internal Modules. + +Module: means a set of sources files including their documentation that +enables supplementary functions or services in addition to those offered +by the Software. + +External Module: means any or all Modules, not derived from the +Software, so that this Module and the Software run in separate address +spaces, with one calling the other when they are run. + +Internal Module: means any or all Module, connected to the Software so +that they both execute in the same address space. + +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 the grant by the Licensor to the +Licensee of a non-exclusive, transferable and worldwide license for the +Software as set forth in Article 5 hereinafter for the whole term of the +protection granted by 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 upon 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 +characteristics of the Software, to the limited warranty, and to the +fact that its use is restricted to 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 has read and +understood it. + + + 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 for the entire legal term of +protection of the economic rights over the Software. + + + Article 5 - SCOPE OF RIGHTS GRANTED + +The Licensor hereby grants to the Licensee, who accepts, the following +rights over 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. + +Besides, if the Licensor owns or comes to own one or more patents +protecting all or part of the functions of the Software or of its +components, the Licensor undertakes not to enforce the rights granted by +these patents against successive Licensees using, exploiting or +modifying the Software. If these patents are transferred, the Licensor +undertakes to have the transferees subscribe to the obligations set +forth in this paragraph. + + + 5.1 RIGHT OF USE + +The Licensee is authorized to use the Software, without any limitation +as to its fields of application, with it being hereinafter specified +that this comprises: + + 1. permanent or temporary reproduction of all or part of the Software + by any or all means and in any or all form. + + 2. loading, displaying, running, or storing the Software on any or + all medium. + + 3. entitlement to observe, study or test its operation so as to + determine the ideas and principles behind 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 modifications to the Software, and the right +to reproduce the resulting software. + +The Licensee is authorized to make any or all Contributions to the +Software provided that it includes an explicit notice that it is the +author of said Contribution and indicates the date of the creation thereof. + + + 5.3 RIGHT OF DISTRIBUTION + +In particular, the right of distribution includes the right to publish, +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, one or more copies of the +Software by any means. + +The Licensee is further authorized to distribute copies of the modified +or unmodified Software to third parties according to the terms and +conditions set forth hereinafter. + + + 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION + +The Licensee is authorized to distribute true copies of the Software in +Source Code or Object Code form, provided that said distribution +complies with all the provisions of the Agreement and is accompanied by: + + 1. a copy of the Agreement, + + 2. 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 Object Code of the Software is +redistributed, the Licensee allows effective access to the full Source +Code of the Software at a minimum during the entire period of its +distribution of the Software, it being understood that the additional +cost of acquiring the Source Code shall not exceed the cost of +transferring the data. + + + 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE + +If the Licensee makes any Contribution to the Software, the resulting +Modified Software may be distributed under a license agreement other +than this Agreement subject to compliance with the provisions of Article +5.3.4. + + + 5.3.3 DISTRIBUTION OF EXTERNAL MODULES + +When the Licensee has developed an External Module, the terms and +conditions of this Agreement do not apply to said External Module, that +may be distributed under a separate license agreement. + + + 5.3.4 CREDITS + +Any Licensee who may distribute a Modified Software hereby expressly +agrees to: + + 1. indicate in the related documentation that it is based on the + Software licensed hereunder, and reproduce the intellectual + property notice for the Software, + + 2. ensure that written indications of the Software intended use, + intellectual property notice and license hereunder are included in + easily accessible format from the Modified Software interface, + + 3. mention, on a freely accessible website describing the Modified + Software, at least throughout the distribution term thereof, that + it is based on the Software licensed hereunder, and reproduce the + Software intellectual property notice, + + 4. where it is distributed to a third party that may distribute a + Modified Software without having to make its source code + available, make its best efforts to ensure that said third party + agrees to comply with the obligations set forth in this Article . + +If the Software, whether or not modified, is distributed with an +External Module designed for use in connection with the Software, the +Licensee shall submit said External Module to the foregoing obligations. + + + 5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES + +Where a Modified Software contains a Contribution subject to the CeCILL +license, the provisions set forth in Article 5.3.4 shall be optional. + +A Modified Software may be distributed under the CeCILL-C license. In +such a case the provisions set forth in Article 5.3.4 shall be optional. + + + 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 modify the terms and conditions for the +distribution of said Initial Software. + +The Holder undertakes that the Initial Software will remain ruled at +least by this Agreement, for the duration set forth in Article 4.2. + + + 6.2 OVER THE CONTRIBUTIONS + +The Licensee who develops a Contribution is the owner of the +intellectual property rights over this Contribution as defined by +applicable law. + + + 6.3 OVER THE EXTERNAL MODULES + +The Licensee who develops an External Module is the owner of the +intellectual property rights over this External Module as defined by +applicable law and is free to choose the type of agreement that shall +govern its distribution. + + + 6.4 JOINT PROVISIONS + +The Licensee expressly undertakes: + + 1. not to remove, or modify, in any manner, the intellectual property + notices attached to the Software; + + 2. to reproduce said notices, in an identical manner, in the copies + of the Software modified or not. + +The Licensee undertakes not to directly or indirectly infringe the +intellectual property rights of the Holder and/or Contributors on the +Software and to take, where applicable, vis-à-vis its staff, any and all +measures required to ensure respect of 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 services. The +terms and conditions of such technical assistance, and/or such +maintenance, shall 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 Licensor is entitled to offer to its licensees, under +its sole 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 is free to decide. Said +warranty, and the financial terms and conditions of its application, +shall be subject of a separate instrument executed between the Licensor +and the Licensee. + + + Article 8 - LIABILITY + +8.1 Subject to the provisions of Article 8.2, the Licensee shall be +entitled to claim compensation for any direct loss it may have suffered +from the Software as a result of a fault on the part of the relevant +Licensor, subject to providing evidence thereof. + +8.2 The Licensor's liability is limited to the commitments made under +this Agreement and shall not be incurred as a result of in particular: +(i) loss due the Licensee's total or partial failure to fulfill its +obligations, (ii) direct or consequential loss that is suffered by the +Licensee due to the use or performance of the Software, and (iii) more +generally, any consequential loss. In particular 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 scientific and technical +state-of-the-art when the Software was distributed did not enable all +possible uses to be tested and verified, nor for the presence of +possible defects 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 which are +reserved for experienced users. + +The Licensee shall be responsible for verifying, by any or all means, +the suitability of the product for its requirements, its good working +order, and for ensuring that it shall not cause damage to either persons +or properties. + +9.2 The Licensor hereby represents, in good faith, that it is entitled +to grant all the rights over the Software (including in particular the +rights set forth in Article 5). + +9.3 The Licensee acknowledges that the Software is supplied "as is" by +the Licensor without any other express or tacit warranty, other than +that provided for in Article 9.2 and, in particular, without any warranty +as to its commercial value, its secured, safe, innovative or relevant +nature. + +Specifically, the Licensor does not warrant that the Software is free +from any error, that it will operate without interruption, that it will +be compatible with the Licensee's own equipment and software +configuration, nor that it will meet the Licensee's requirements. + +9.4 The Licensor does not either expressly or tacitly warrant that the +Software does not infringe any third party intellectual property right +relating to a patent, software or any other property right. Therefore, +the Licensor disclaims any and all liability towards the Licensee +arising out of 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 on a case-by-case basis between the relevant Licensor and the +Licensee pursuant to a memorandum of understanding. The Licensor +disclaims any and all liability as regards the Licensee's use of the +name of the Software. No warranty is given as regards the existence of +prior rights over the name of the Software or 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 A Licensee whose Agreement is terminated shall no longer be +authorized to use, modify or distribute the Software. However, any +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 + + + 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 defective +functioning or interruptions of the electricity or telecommunications +networks, network paralysis following a virus attack, intervention by +government authorities, natural disasters, water damage, earthquakes, +fire, explosions, strikes and labor unrest, war, etc. + +11.2 Any failure by either Party, on one or more occasions, to invoke +one or more of the provisions hereof, shall under no circumstances be +interpreted as being a waiver by the interested Party of its right to +invoke said provision(s) subsequently. + +11.3 The Agreement cancels and replaces any or all previous agreements, +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 between the Parties +unless it is made in writing and signed by their duly authorized +representatives. + +11.4 In the event that one or more of the provisions hereof were to +conflict with a current or future applicable act or legislative text, +said act or legislative text shall prevail, and the Parties shall make +the necessary amendments so as to comply with said act or legislative +text. All other provisions shall remain effective. Similarly, invalidity +of a provision of the Agreement, for any reason whatsoever, shall not +cause the Agreement as a whole to be invalid. + + + 11.5 LANGUAGE + +The Agreement is drafted in both French and English and both versions +are deemed authentic. + + + Article 12 - NEW VERSIONS OF THE AGREEMENT + +12.1 Any 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, who +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 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. + + + Article 13 - GOVERNING LAW AND JURISDICTION + +13.1 The Agreement is governed by French law. The Parties agree to +endeavor to seek an amicable solution to any disagreements or disputes +that may arise during the performance of the Agreement. + +13.2 Failing an amicable solution 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 more diligent Party. + + +Version 1.0 dated 2006-09-05. |