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author ethevenot
date Wed, 27 Jul 2016 11:44:34 -0400
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1 CeCILL FREE SOFTWARE LICENSE AGREEMENT
2
3 Version 2.1 dated 2013-06-21
4
5
6 Notice
7
8 This Agreement is a Free Software license agreement that is the result
9 of discussions between its authors in order to ensure compliance with
10 the two main principles guiding its drafting:
11
12 * firstly, compliance with the principles governing the distribution
13 of Free Software: access to source code, broad rights granted to users,
14 * secondly, the election of a governing law, French law, with which it
15 is conformant, both as regards the law of torts and intellectual
16 property law, and the protection that it offers to both authors and
17 holders of the economic rights over software.
18
19 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
20 license are:
21
22 Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a
23 public scientific, technical and industrial research establishment,
24 having its principal place of business at 25 rue Leblanc, immeuble Le
25 Ponant D, 75015 Paris, France.
26
27 Centre National de la Recherche Scientifique - CNRS, a public scientific
28 and technological establishment, having its principal place of business
29 at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
30
31 Institut National de Recherche en Informatique et en Automatique -
32 Inria, a public scientific and technological establishment, having its
33 principal place of business at Domaine de Voluceau, Rocquencourt, BP
34 105, 78153 Le Chesnay cedex, France.
35
36
37 Preamble
38
39 The purpose of this Free Software license agreement is to grant users
40 the right to modify and redistribute the software governed by this
41 license within the framework of an open source distribution model.
42
43 The exercising of this right is conditional upon certain obligations for
44 users so as to preserve this status for all subsequent redistributions.
45
46 In consideration of access to the source code and the rights to copy,
47 modify and redistribute granted by the license, users are provided only
48 with a limited warranty and the software's author, the holder of the
49 economic rights, and the successive licensors only have limited liability.
50
51 In this respect, the risks associated with loading, using, modifying
52 and/or developing or reproducing the software by the user are brought to
53 the user's attention, given its Free Software status, which may make it
54 complicated to use, with the result that its use is reserved for
55 developers and experienced professionals having in-depth computer
56 knowledge. Users are therefore encouraged to load and test the
57 suitability of the software as regards their requirements in conditions
58 enabling the security of their systems and/or data to be ensured and,
59 more generally, to use and operate it in the same conditions of
60 security. This Agreement may be freely reproduced and published,
61 provided it is not altered, and that no provisions are either added or
62 removed herefrom.
63
64 This Agreement may apply to any or all software for which the holder of
65 the economic rights decides to submit the use thereof to its provisions.
66
67 Frequently asked questions can be found on the official website of the
68 CeCILL licenses family (http://www.cecill.info/index.en.html) for any
69 necessary clarification.
70
71
72 Article 1 - DEFINITIONS
73
74 For the purpose of this Agreement, when the following expressions
75 commence with a capital letter, they shall have the following meaning:
76
77 Agreement: means this license agreement, and its possible subsequent
78 versions and annexes.
79
80 Software: means the software in its Object Code and/or Source Code form
81 and, where applicable, its documentation, "as is" when the Licensee
82 accepts the Agreement.
83
84 Initial Software: means the Software in its Source Code and possibly its
85 Object Code form and, where applicable, its documentation, "as is" when
86 it is first distributed under the terms and conditions of the Agreement.
87
88 Modified Software: means the Software modified by at least one
89 Contribution.
90
91 Source Code: means all the Software's instructions and program lines to
92 which access is required so as to modify the Software.
93
94 Object Code: means the binary files originating from the compilation of
95 the Source Code.
96
97 Holder: means the holder(s) of the economic rights over the Initial
98 Software.
99
100 Licensee: means the Software user(s) having accepted the Agreement.
101
102 Contributor: means a Licensee having made at least one Contribution.
103
104 Licensor: means the Holder, or any other individual or legal entity, who
105 distributes the Software under the Agreement.
106
107 Contribution: means any or all modifications, corrections, translations,
108 adaptations and/or new functions integrated into the Software by any or
109 all Contributors, as well as any or all Internal Modules.
110
111 Module: means a set of sources files including their documentation that
112 enables supplementary functions or services in addition to those offered
113 by the Software.
114
115 External Module: means any or all Modules, not derived from the
116 Software, so that this Module and the Software run in separate address
117 spaces, with one calling the other when they are run.
118
119 Internal Module: means any or all Module, connected to the Software so
120 that they both execute in the same address space.
121
122 GNU GPL: means the GNU General Public License version 2 or any
123 subsequent version, as published by the Free Software Foundation Inc.
124
125 GNU Affero GPL: means the GNU Affero General Public License version 3 or
126 any subsequent version, as published by the Free Software Foundation Inc.
127
128 EUPL: means the European Union Public License version 1.1 or any
129 subsequent version, as published by the European Commission.
130
131 Parties: mean both the Licensee and the Licensor.
132
133 These expressions may be used both in singular and plural form.
134
135
136 Article 2 - PURPOSE
137
138 The purpose of the Agreement is the grant by the Licensor to the
139 Licensee of a non-exclusive, transferable and worldwide license for the
140 Software as set forth in Article 5 <#scope> hereinafter for the whole
141 term of the protection granted by the rights over said Software.
142
143
144 Article 3 - ACCEPTANCE
145
146 3.1 The Licensee shall be deemed as having accepted the terms and
147 conditions of this Agreement upon the occurrence of the first of the
148 following events:
149
150 * (i) loading the Software by any or all means, notably, by
151 downloading from a remote server, or by loading from a physical medium;
152 * (ii) the first time the Licensee exercises any of the rights granted
153 hereunder.
154
155 3.2 One copy of the Agreement, containing a notice relating to the
156 characteristics of the Software, to the limited warranty, and to the
157 fact that its use is restricted to experienced users has been provided
158 to the Licensee prior to its acceptance as set forth in Article 3.1
159 <#accepting> hereinabove, and the Licensee hereby acknowledges that it
160 has read and understood it.
161
162
163 Article 4 - EFFECTIVE DATE AND TERM
164
165
166 4.1 EFFECTIVE DATE
167
168 The Agreement shall become effective on the date when it is accepted by
169 the Licensee as set forth in Article 3.1 <#accepting>.
170
171
172 4.2 TERM
173
174 The Agreement shall remain in force for the entire legal term of
175 protection of the economic rights over the Software.
176
177
178 Article 5 - SCOPE OF RIGHTS GRANTED
179
180 The Licensor hereby grants to the Licensee, who accepts, the following
181 rights over the Software for any or all use, and for the term of the
182 Agreement, on the basis of the terms and conditions set forth hereinafter.
183
184 Besides, if the Licensor owns or comes to own one or more patents
185 protecting all or part of the functions of the Software or of its
186 components, the Licensor undertakes not to enforce the rights granted by
187 these patents against successive Licensees using, exploiting or
188 modifying the Software. If these patents are transferred, the Licensor
189 undertakes to have the transferees subscribe to the obligations set
190 forth in this paragraph.
191
192
193 5.1 RIGHT OF USE
194
195 The Licensee is authorized to use the Software, without any limitation
196 as to its fields of application, with it being hereinafter specified
197 that this comprises:
198
199 1. permanent or temporary reproduction of all or part of the Software
200 by any or all means and in any or all form.
201
202 2. loading, displaying, running, or storing the Software on any or all
203 medium.
204
205 3. entitlement to observe, study or test its operation so as to
206 determine the ideas and principles behind any or all constituent
207 elements of said Software. This shall apply when the Licensee
208 carries out any or all loading, displaying, running, transmission or
209 storage operation as regards the Software, that it is entitled to
210 carry out hereunder.
211
212
213 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
214
215 The right to make Contributions includes the right to translate, adapt,
216 arrange, or make any or all modifications to the Software, and the right
217 to reproduce the resulting software.
218
219 The Licensee is authorized to make any or all Contributions to the
220 Software provided that it includes an explicit notice that it is the
221 author of said Contribution and indicates the date of the creation thereof.
222
223
224 5.3 RIGHT OF DISTRIBUTION
225
226 In particular, the right of distribution includes the right to publish,
227 transmit and communicate the Software to the general public on any or
228 all medium, and by any or all means, and the right to market, either in
229 consideration of a fee, or free of charge, one or more copies of the
230 Software by any means.
231
232 The Licensee is further authorized to distribute copies of the modified
233 or unmodified Software to third parties according to the terms and
234 conditions set forth hereinafter.
235
236
237 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
238
239 The Licensee is authorized to distribute true copies of the Software in
240 Source Code or Object Code form, provided that said distribution
241 complies with all the provisions of the Agreement and is accompanied by:
242
243 1. a copy of the Agreement,
244
245 2. a notice relating to the limitation of both the Licensor's warranty
246 and liability as set forth in Articles 8 and 9,
247
248 and that, in the event that only the Object Code of the Software is
249 redistributed, the Licensee allows effective access to the full Source
250 Code of the Software for a period of at least three years from the
251 distribution of the Software, it being understood that the additional
252 acquisition cost of the Source Code shall not exceed the cost of the
253 data transfer.
254
255
256 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
257
258 When the Licensee makes a Contribution to the Software, the terms and
259 conditions for the distribution of the resulting Modified Software
260 become subject to all the provisions of this Agreement.
261
262 The Licensee is authorized to distribute the Modified Software, in
263 source code or object code form, provided that said distribution
264 complies with all the provisions of the Agreement and is accompanied by:
265
266 1. a copy of the Agreement,
267
268 2. a notice relating to the limitation of both the Licensor's warranty
269 and liability as set forth in Articles 8 and 9,
270
271 and, in the event that only the object code of the Modified Software is
272 redistributed,
273
274 3. a note stating the conditions of effective access to the full source
275 code of the Modified Software for a period of at least three years
276 from the distribution of the Modified Software, it being understood
277 that the additional acquisition cost of the source code shall not
278 exceed the cost of the data transfer.
279
280
281 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
282
283 When the Licensee has developed an External Module, the terms and
284 conditions of this Agreement do not apply to said External Module, that
285 may be distributed under a separate license agreement.
286
287
288 5.3.4 COMPATIBILITY WITH OTHER LICENSES
289
290 The Licensee can include a code that is subject to the provisions of one
291 of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the
292 Modified or unmodified Software, and distribute that entire code under
293 the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
294
295 The Licensee can include the Modified or unmodified Software in a code
296 that is subject to the provisions of one of the versions of the GNU GPL,
297 GNU Affero GPL and/or EUPL and distribute that entire code under the
298 terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
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 <#term>.
314
315
316 6.2 OVER THE CONTRIBUTIONS
317
318 The Licensee who develops a 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 EXTERNAL MODULES
324
325 The Licensee who develops an External Module is the owner of the
326 intellectual property rights over this External Module as defined by
327 applicable law and is free to choose the type of agreement that shall
328 govern its distribution.
329
330
331 6.4 JOINT PROVISIONS
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 of
339 the Software modified or not.
340
341 The Licensee undertakes not to directly or indirectly infringe the
342 intellectual property rights on the Software of the Holder and/or
343 Contributors, and to take, where applicable, vis-à-vis its staff, any
344 and all measures required to ensure respect of said intellectual
345 property rights of the Holder and/or Contributors.
346
347
348 Article 7 - RELATED SERVICES
349
350 7.1 Under no circumstances shall the Agreement oblige the Licensor to
351 provide technical assistance or maintenance services for the Software.
352
353 However, the Licensor is entitled to offer this type of services. The
354 terms and conditions of such technical assistance, and/or such
355 maintenance, shall be set forth in a separate instrument. Only the
356 Licensor offering said maintenance and/or technical assistance services
357 shall incur liability therefor.
358
359 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
360 its sole responsibility, a warranty, that shall only be binding upon
361 itself, for the redistribution of the Software and/or the Modified
362 Software, under terms and conditions that it is free to decide. Said
363 warranty, and the financial terms and conditions of its application,
364 shall be subject of a separate instrument executed between the Licensor
365 and the Licensee.
366
367
368 Article 8 - LIABILITY
369
370 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
371 entitled to claim compensation for any direct loss it may have suffered
372 from the Software as a result of a fault on the part of the relevant
373 Licensor, subject to providing evidence thereof.
374
375 8.2 The Licensor's liability is limited to the commitments made under
376 this Agreement and shall not be incurred as a result of in particular:
377 (i) loss due the Licensee's total or partial failure to fulfill its
378 obligations, (ii) direct or consequential loss that is suffered by the
379 Licensee due to the use or performance of the Software, and (iii) more
380 generally, any consequential loss. In particular the Parties expressly
381 agree that any or all pecuniary or business loss (i.e. loss of data,
382 loss of profits, operating loss, loss of customers or orders,
383 opportunity cost, any disturbance to business activities) or any or all
384 legal proceedings instituted against the Licensee by a third party,
385 shall constitute consequential loss and shall not provide entitlement to
386 any or all compensation from the Licensor.
387
388
389 Article 9 - WARRANTY
390
391 9.1 The Licensee acknowledges that the scientific and technical
392 state-of-the-art when the Software was distributed did not enable all
393 possible uses to be tested and verified, nor for the presence of
394 possible defects to be detected. In this respect, the Licensee's
395 attention has been drawn to the risks associated with loading, using,
396 modifying and/or developing and reproducing the Software which are
397 reserved for experienced users.
398
399 The Licensee shall be responsible for verifying, by any or all means,
400 the suitability of the product for its requirements, its good working
401 order, and for ensuring that it shall not cause damage to either persons
402 or properties.
403
404 9.2 The Licensor hereby represents, in good faith, that it is entitled
405 to grant all the rights over the Software (including in particular the
406 rights set forth in Article 5 <#scope>).
407
408 9.3 The Licensee acknowledges that the Software is supplied "as is" by
409 the Licensor without any other express or tacit warranty, other than
410 that provided for in Article 9.2 <#good-faith> and, in particular,
411 without any warranty as to its commercial value, its secured, safe,
412 innovative or relevant nature.
413
414 Specifically, the Licensor does not warrant that the Software is free
415 from any error, that it will operate without interruption, that it will
416 be compatible with the Licensee's own equipment and software
417 configuration, nor that it will meet the Licensee's requirements.
418
419 9.4 The Licensor does not either expressly or tacitly warrant that the
420 Software does not infringe any third party intellectual property right
421 relating to a patent, software or any other property right. Therefore,
422 the Licensor disclaims any and all liability towards the Licensee
423 arising out of any or all proceedings for infringement that may be
424 instituted in respect of the use, modification and redistribution of the
425 Software. Nevertheless, should such proceedings be instituted against
426 the Licensee, the Licensor shall provide it with technical and legal
427 expertise for its defense. Such technical and legal expertise shall be
428 decided on a case-by-case basis between the relevant Licensor and the
429 Licensee pursuant to a memorandum of understanding. The Licensor
430 disclaims any and all liability as regards the Licensee's use of the
431 name of the Software. No warranty is given as regards the existence of
432 prior rights over the name of the Software or as regards the existence
433 of a trademark.
434
435
436 Article 10 - TERMINATION
437
438 10.1 In the event of a breach by the Licensee of its obligations
439 hereunder, the Licensor may automatically terminate this Agreement
440 thirty (30) days after notice has been sent to the Licensee and has
441 remained ineffective.
442
443 10.2 A Licensee whose Agreement is terminated shall no longer be
444 authorized to use, modify or distribute the Software. However, any
445 licenses that it may have granted prior to termination of the Agreement
446 shall remain valid subject to their having been granted in compliance
447 with the terms and conditions hereof.
448
449
450 Article 11 - MISCELLANEOUS
451
452
453 11.1 EXCUSABLE EVENTS
454
455 Neither Party shall be liable for any or all delay, or failure to
456 perform the Agreement, that may be attributable to an event of force
457 majeure, an act of God or an outside cause, such as defective
458 functioning or interruptions of the electricity or telecommunications
459 networks, network paralysis following a virus attack, intervention by
460 government authorities, natural disasters, water damage, earthquakes,
461 fire, explosions, strikes and labor unrest, war, etc.
462
463 11.2 Any failure by either Party, on one or more occasions, to invoke
464 one or more of the provisions hereof, shall under no circumstances be
465 interpreted as being a waiver by the interested Party of its right to
466 invoke said provision(s) subsequently.
467
468 11.3 The Agreement cancels and replaces any or all previous agreements,
469 whether written or oral, between the Parties and having the same
470 purpose, and constitutes the entirety of the agreement between said
471 Parties concerning said purpose. No supplement or modification to the
472 terms and conditions hereof shall be effective as between the Parties
473 unless it is made in writing and signed by their duly authorized
474 representatives.
475
476 11.4 In the event that one or more of the provisions hereof were to
477 conflict with a current or future applicable act or legislative text,
478 said act or legislative text shall prevail, and the Parties shall make
479 the necessary amendments so as to comply with said act or legislative
480 text. All other provisions shall remain effective. Similarly, invalidity
481 of a provision of the Agreement, for any reason whatsoever, shall not
482 cause the Agreement as a whole to be invalid.
483
484
485 11.5 LANGUAGE
486
487 The Agreement is drafted in both French and English and both versions
488 are deemed authentic.
489
490
491 Article 12 - NEW VERSIONS OF THE AGREEMENT
492
493 12.1 Any person is authorized to duplicate and distribute copies of this
494 Agreement.
495
496 12.2 So as to ensure coherence, the wording of this Agreement is
497 protected and may only be modified by the authors of the License, who
498 reserve the right to periodically publish updates or new versions of the
499 Agreement, each with a separate number. These subsequent versions may
500 address new issues encountered by Free Software.
501
502 12.3 Any Software distributed under a given version of the Agreement may
503 only be subsequently distributed under the same version of the Agreement
504 or a subsequent version, subject to the provisions of Article 5.3.4
505 <#compatibility>.
506
507
508 Article 13 - GOVERNING LAW AND JURISDICTION
509
510 13.1 The Agreement is governed by French law. The Parties agree to
511 endeavor to seek an amicable solution to any disagreements or disputes
512 that may arise during the performance of the Agreement.
513
514 13.2 Failing an amicable solution within two (2) months as from their
515 occurrence, and unless emergency proceedings are necessary, the
516 disagreements or disputes shall be referred to the Paris Courts having
517 jurisdiction, by the more diligent Party.