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date Tue, 21 Jan 2020 16:09:45 -0500
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1 The Download-Bank-HMDB tool is licensed under the CeCILL 2.1 license.
2
3
4 CeCILL FREE SOFTWARE LICENSE AGREEMENT
5
6 Version 2.1 dated 2013-06-21
7
8
9 Notice
10
11 This Agreement is a Free Software license agreement that is the result
12 of discussions between its authors in order to ensure compliance with
13 the two main principles guiding its drafting:
14
15 * firstly, compliance with the principles governing the distribution
16 of Free Software: access to source code, broad rights granted to users,
17 * secondly, the election of a governing law, French law, with which it
18 is conformant, both as regards the law of torts and intellectual
19 property law, and the protection that it offers to both authors and
20 holders of the economic rights over software.
21
22 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
23 license are:
24
25 Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a
26 public scientific, technical and industrial research establishment,
27 having its principal place of business at 25 rue Leblanc, immeuble Le
28 Ponant D, 75015 Paris, France.
29
30 Centre National de la Recherche Scientifique - CNRS, a public scientific
31 and technological establishment, having its principal place of business
32 at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
33
34 Institut National de Recherche en Informatique et en Automatique -
35 Inria, a public scientific and technological establishment, having its
36 principal place of business at Domaine de Voluceau, Rocquencourt, BP
37 105, 78153 Le Chesnay cedex, France.
38
39
40 Preamble
41
42 The purpose of this Free Software license agreement is to grant users
43 the right to modify and redistribute the software governed by this
44 license within the framework of an open source distribution model.
45
46 The exercising of this right is conditional upon certain obligations for
47 users so as to preserve this status for all subsequent redistributions.
48
49 In consideration of access to the source code and the rights to copy,
50 modify and redistribute granted by the license, users are provided only
51 with a limited warranty and the software's author, the holder of the
52 economic rights, and the successive licensors only have limited liability.
53
54 In this respect, the risks associated with loading, using, modifying
55 and/or developing or reproducing the software by the user are brought to
56 the user's attention, given its Free Software status, which may make it
57 complicated to use, with the result that its use is reserved for
58 developers and experienced professionals having in-depth computer
59 knowledge. Users are therefore encouraged to load and test the
60 suitability of the software as regards their requirements in conditions
61 enabling the security of their systems and/or data to be ensured and,
62 more generally, to use and operate it in the same conditions of
63 security. This Agreement may be freely reproduced and published,
64 provided it is not altered, and that no provisions are either added or
65 removed herefrom.
66
67 This Agreement may apply to any or all software for which the holder of
68 the economic rights decides to submit the use thereof to its provisions.
69
70 Frequently asked questions can be found on the official website of the
71 CeCILL licenses family (http://www.cecill.info/index.en.html) for any
72 necessary clarification.
73
74
75 Article 1 - DEFINITIONS
76
77 For the purpose of this Agreement, when the following expressions
78 commence with a capital letter, they shall have the following meaning:
79
80 Agreement: means this license agreement, and its possible subsequent
81 versions and annexes.
82
83 Software: means the software in its Object Code and/or Source Code form
84 and, where applicable, its documentation, "as is" when the Licensee
85 accepts the Agreement.
86
87 Initial Software: means the Software in its Source Code and possibly its
88 Object Code form and, where applicable, its documentation, "as is" when
89 it is first distributed under the terms and conditions of the Agreement.
90
91 Modified Software: means the Software modified by at least one
92 Contribution.
93
94 Source Code: means all the Software's instructions and program lines to
95 which access is required so as to modify the Software.
96
97 Object Code: means the binary files originating from the compilation of
98 the Source Code.
99
100 Holder: means the holder(s) of the economic rights over the Initial
101 Software.
102
103 Licensee: means the Software user(s) having accepted the Agreement.
104
105 Contributor: means a Licensee having made at least one Contribution.
106
107 Licensor: means the Holder, or any other individual or legal entity, who
108 distributes the Software under the Agreement.
109
110 Contribution: means any or all modifications, corrections, translations,
111 adaptations and/or new functions integrated into the Software by any or
112 all Contributors, as well as any or all Internal Modules.
113
114 Module: means a set of sources files including their documentation that
115 enables supplementary functions or services in addition to those offered
116 by the Software.
117
118 External Module: means any or all Modules, not derived from the
119 Software, so that this Module and the Software run in separate address
120 spaces, with one calling the other when they are run.
121
122 Internal Module: means any or all Module, connected to the Software so
123 that they both execute in the same address space.
124
125 GNU GPL: means the GNU General Public License version 2 or any
126 subsequent version, as published by the Free Software Foundation Inc.
127
128 GNU Affero GPL: means the GNU Affero General Public License version 3 or
129 any subsequent version, as published by the Free Software Foundation Inc.
130
131 EUPL: means the European Union Public License version 1.1 or any
132 subsequent version, as published by the European Commission.
133
134 Parties: mean both the Licensee and the Licensor.
135
136 These expressions may be used both in singular and plural form.
137
138
139 Article 2 - PURPOSE
140
141 The purpose of the Agreement is the grant by the Licensor to the
142 Licensee of a non-exclusive, transferable and worldwide license for the
143 Software as set forth in Article 5 <#scope> hereinafter for the whole
144 term of the protection granted by the rights over said Software.
145
146
147 Article 3 - ACCEPTANCE
148
149 3.1 The Licensee shall be deemed as having accepted the terms and
150 conditions of this Agreement upon the occurrence of the first of the
151 following events:
152
153 * (i) loading the Software by any or all means, notably, by
154 downloading from a remote server, or by loading from a physical medium;
155 * (ii) the first time the Licensee exercises any of the rights granted
156 hereunder.
157
158 3.2 One copy of the Agreement, containing a notice relating to the
159 characteristics of the Software, to the limited warranty, and to the
160 fact that its use is restricted to experienced users has been provided
161 to the Licensee prior to its acceptance as set forth in Article 3.1
162 <#accepting> hereinabove, and the Licensee hereby acknowledges that it
163 has read and understood it.
164
165
166 Article 4 - EFFECTIVE DATE AND TERM
167
168
169 4.1 EFFECTIVE DATE
170
171 The Agreement shall become effective on the date when it is accepted by
172 the Licensee as set forth in Article 3.1 <#accepting>.
173
174
175 4.2 TERM
176
177 The Agreement shall remain in force for the entire legal term of
178 protection of the economic rights over the Software.
179
180
181 Article 5 - SCOPE OF RIGHTS GRANTED
182
183 The Licensor hereby grants to the Licensee, who accepts, the following
184 rights over the Software for any or all use, and for the term of the
185 Agreement, on the basis of the terms and conditions set forth hereinafter.
186
187 Besides, if the Licensor owns or comes to own one or more patents
188 protecting all or part of the functions of the Software or of its
189 components, the Licensor undertakes not to enforce the rights granted by
190 these patents against successive Licensees using, exploiting or
191 modifying the Software. If these patents are transferred, the Licensor
192 undertakes to have the transferees subscribe to the obligations set
193 forth in this paragraph.
194
195
196 5.1 RIGHT OF USE
197
198 The Licensee is authorized to use the Software, without any limitation
199 as to its fields of application, with it being hereinafter specified
200 that this comprises:
201
202 1. permanent or temporary reproduction of all or part of the Software
203 by any or all means and in any or all form.
204
205 2. loading, displaying, running, or storing the Software on any or all
206 medium.
207
208 3. entitlement to observe, study or test its operation so as to
209 determine the ideas and principles behind any or all constituent
210 elements of said Software. This shall apply when the Licensee
211 carries out any or all loading, displaying, running, transmission or
212 storage operation as regards the Software, that it is entitled to
213 carry out hereunder.
214
215
216 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
217
218 The right to make Contributions includes the right to translate, adapt,
219 arrange, or make any or all modifications to the Software, and the right
220 to reproduce the resulting software.
221
222 The Licensee is authorized to make any or all Contributions to the
223 Software provided that it includes an explicit notice that it is the
224 author of said Contribution and indicates the date of the creation thereof.
225
226
227 5.3 RIGHT OF DISTRIBUTION
228
229 In particular, the right of distribution includes the right to publish,
230 transmit and communicate the Software to the general public on any or
231 all medium, and by any or all means, and the right to market, either in
232 consideration of a fee, or free of charge, one or more copies of the
233 Software by any means.
234
235 The Licensee is further authorized to distribute copies of the modified
236 or unmodified Software to third parties according to the terms and
237 conditions set forth hereinafter.
238
239
240 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
241
242 The Licensee is authorized to distribute true copies of the Software in
243 Source Code or Object Code form, provided that said distribution
244 complies with all the provisions of the Agreement and is accompanied by:
245
246 1. a copy of the Agreement,
247
248 2. a notice relating to the limitation of both the Licensor's warranty
249 and liability as set forth in Articles 8 and 9,
250
251 and that, in the event that only the Object Code of the Software is
252 redistributed, the Licensee allows effective access to the full Source
253 Code of the Software for a period of at least three years from the
254 distribution of the Software, it being understood that the additional
255 acquisition cost of the Source Code shall not exceed the cost of the
256 data transfer.
257
258
259 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
260
261 When the Licensee makes a Contribution to the Software, the terms and
262 conditions for the distribution of the resulting Modified Software
263 become subject to all the provisions of this Agreement.
264
265 The Licensee is authorized to distribute the Modified Software, in
266 source code or object code form, provided that said distribution
267 complies with all the provisions of the Agreement and is accompanied by:
268
269 1. a copy of the Agreement,
270
271 2. a notice relating to the limitation of both the Licensor's warranty
272 and liability as set forth in Articles 8 and 9,
273
274 and, in the event that only the object code of the Modified Software is
275 redistributed,
276
277 3. a note stating the conditions of effective access to the full source
278 code of the Modified Software for a period of at least three years
279 from the distribution of the Modified Software, it being understood
280 that the additional acquisition cost of the source code shall not
281 exceed the cost of the data transfer.
282
283
284 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
285
286 When the Licensee has developed an External Module, the terms and
287 conditions of this Agreement do not apply to said External Module, that
288 may be distributed under a separate license agreement.
289
290
291 5.3.4 COMPATIBILITY WITH OTHER LICENSES
292
293 The Licensee can include a code that is subject to the provisions of one
294 of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the
295 Modified or unmodified Software, and distribute that entire code under
296 the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
297
298 The Licensee can include the Modified or unmodified Software in a code
299 that is subject to the provisions of one of the versions of the GNU GPL,
300 GNU Affero GPL and/or EUPL and distribute that entire code under the
301 terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
302
303
304 Article 6 - INTELLECTUAL PROPERTY
305
306
307 6.1 OVER THE INITIAL SOFTWARE
308
309 The Holder owns the economic rights over the Initial Software. Any or
310 all use of the Initial Software is subject to compliance with the terms
311 and conditions under which the Holder has elected to distribute its work
312 and no one shall be entitled to modify the terms and conditions for the
313 distribution of said Initial Software.
314
315 The Holder undertakes that the Initial Software will remain ruled at
316 least by this Agreement, for the duration set forth in Article 4.2 <#term>.
317
318
319 6.2 OVER THE CONTRIBUTIONS
320
321 The Licensee who develops a Contribution is the owner of the
322 intellectual property rights over this Contribution as defined by
323 applicable law.
324
325
326 6.3 OVER THE EXTERNAL MODULES
327
328 The Licensee who develops an External Module is the owner of the
329 intellectual property rights over this External Module as defined by
330 applicable law and is free to choose the type of agreement that shall
331 govern its distribution.
332
333
334 6.4 JOINT PROVISIONS
335
336 The Licensee expressly undertakes:
337
338 1. not to remove, or modify, in any manner, the intellectual property
339 notices attached to the Software;
340
341 2. to reproduce said notices, in an identical manner, in the copies of
342 the Software modified or not.
343
344 The Licensee undertakes not to directly or indirectly infringe the
345 intellectual property rights on the Software of the Holder and/or
346 Contributors, and to take, where applicable, vis-à-vis its staff, any
347 and all measures required to ensure respect of said intellectual
348 property rights of the Holder and/or Contributors.
349
350
351 Article 7 - RELATED SERVICES
352
353 7.1 Under no circumstances shall the Agreement oblige the Licensor to
354 provide technical assistance or maintenance services for the Software.
355
356 However, the Licensor is entitled to offer this type of services. The
357 terms and conditions of such technical assistance, and/or such
358 maintenance, shall be set forth in a separate instrument. Only the
359 Licensor offering said maintenance and/or technical assistance services
360 shall incur liability therefor.
361
362 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
363 its sole responsibility, a warranty, that shall only be binding upon
364 itself, for the redistribution of the Software and/or the Modified
365 Software, under terms and conditions that it is free to decide. Said
366 warranty, and the financial terms and conditions of its application,
367 shall be subject of a separate instrument executed between the Licensor
368 and the Licensee.
369
370
371 Article 8 - LIABILITY
372
373 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
374 entitled to claim compensation for any direct loss it may have suffered
375 from the Software as a result of a fault on the part of the relevant
376 Licensor, subject to providing evidence thereof.
377
378 8.2 The Licensor's liability is limited to the commitments made under
379 this Agreement and shall not be incurred as a result of in particular:
380 (i) loss due the Licensee's total or partial failure to fulfill its
381 obligations, (ii) direct or consequential loss that is suffered by the
382 Licensee due to the use or performance of the Software, and (iii) more
383 generally, any consequential loss. In particular the Parties expressly
384 agree that any or all pecuniary or business loss (i.e. loss of data,
385 loss of profits, operating loss, loss of customers or orders,
386 opportunity cost, any disturbance to business activities) or any or all
387 legal proceedings instituted against the Licensee by a third party,
388 shall constitute consequential loss and shall not provide entitlement to
389 any or all compensation from the Licensor.
390
391
392 Article 9 - WARRANTY
393
394 9.1 The Licensee acknowledges that the scientific and technical
395 state-of-the-art when the Software was distributed did not enable all
396 possible uses to be tested and verified, nor for the presence of
397 possible defects to be detected. In this respect, the Licensee's
398 attention has been drawn to the risks associated with loading, using,
399 modifying and/or developing and reproducing the Software which are
400 reserved for experienced users.
401
402 The Licensee shall be responsible for verifying, by any or all means,
403 the suitability of the product for its requirements, its good working
404 order, and for ensuring that it shall not cause damage to either persons
405 or properties.
406
407 9.2 The Licensor hereby represents, in good faith, that it is entitled
408 to grant all the rights over the Software (including in particular the
409 rights set forth in Article 5 <#scope>).
410
411 9.3 The Licensee acknowledges that the Software is supplied "as is" by
412 the Licensor without any other express or tacit warranty, other than
413 that provided for in Article 9.2 <#good-faith> and, in particular,
414 without any warranty as to its commercial value, its secured, safe,
415 innovative or relevant nature.
416
417 Specifically, the Licensor does not warrant that the Software is free
418 from any error, that it will operate without interruption, that it will
419 be compatible with the Licensee's own equipment and software
420 configuration, nor that it will meet the Licensee's requirements.
421
422 9.4 The Licensor does not either expressly or tacitly warrant that the
423 Software does not infringe any third party intellectual property right
424 relating to a patent, software or any other property right. Therefore,
425 the Licensor disclaims any and all liability towards the Licensee
426 arising out of any or all proceedings for infringement that may be
427 instituted in respect of the use, modification and redistribution of the
428 Software. Nevertheless, should such proceedings be instituted against
429 the Licensee, the Licensor shall provide it with technical and legal
430 expertise for its defense. Such technical and legal expertise shall be
431 decided on a case-by-case basis between the relevant Licensor and the
432 Licensee pursuant to a memorandum of understanding. The Licensor
433 disclaims any and all liability as regards the Licensee's use of the
434 name of the Software. No warranty is given as regards the existence of
435 prior rights over the name of the Software or as regards the existence
436 of a trademark.
437
438
439 Article 10 - TERMINATION
440
441 10.1 In the event of a breach by the Licensee of its obligations
442 hereunder, the Licensor may automatically terminate this Agreement
443 thirty (30) days after notice has been sent to the Licensee and has
444 remained ineffective.
445
446 10.2 A Licensee whose Agreement is terminated shall no longer be
447 authorized to use, modify or distribute the Software. However, any
448 licenses that it may have granted prior to termination of the Agreement
449 shall remain valid subject to their having been granted in compliance
450 with the terms and conditions hereof.
451
452
453 Article 11 - MISCELLANEOUS
454
455
456 11.1 EXCUSABLE EVENTS
457
458 Neither Party shall be liable for any or all delay, or failure to
459 perform the Agreement, that may be attributable to an event of force
460 majeure, an act of God or an outside cause, such as defective
461 functioning or interruptions of the electricity or telecommunications
462 networks, network paralysis following a virus attack, intervention by
463 government authorities, natural disasters, water damage, earthquakes,
464 fire, explosions, strikes and labor unrest, war, etc.
465
466 11.2 Any failure by either Party, on one or more occasions, to invoke
467 one or more of the provisions hereof, shall under no circumstances be
468 interpreted as being a waiver by the interested Party of its right to
469 invoke said provision(s) subsequently.
470
471 11.3 The Agreement cancels and replaces any or all previous agreements,
472 whether written or oral, between the Parties and having the same
473 purpose, and constitutes the entirety of the agreement between said
474 Parties concerning said purpose. No supplement or modification to the
475 terms and conditions hereof shall be effective as between the Parties
476 unless it is made in writing and signed by their duly authorized
477 representatives.
478
479 11.4 In the event that one or more of the provisions hereof were to
480 conflict with a current or future applicable act or legislative text,
481 said act or legislative text shall prevail, and the Parties shall make
482 the necessary amendments so as to comply with said act or legislative
483 text. All other provisions shall remain effective. Similarly, invalidity
484 of a provision of the Agreement, for any reason whatsoever, shall not
485 cause the Agreement as a whole to be invalid.
486
487
488 11.5 LANGUAGE
489
490 The Agreement is drafted in both French and English and both versions
491 are deemed authentic.
492
493
494 Article 12 - NEW VERSIONS OF THE AGREEMENT
495
496 12.1 Any person is authorized to duplicate and distribute copies of this
497 Agreement.
498
499 12.2 So as to ensure coherence, the wording of this Agreement is
500 protected and may only be modified by the authors of the License, who
501 reserve the right to periodically publish updates or new versions of the
502 Agreement, each with a separate number. These subsequent versions may
503 address new issues encountered by Free Software.
504
505 12.3 Any Software distributed under a given version of the Agreement may
506 only be subsequently distributed under the same version of the Agreement
507 or a subsequent version, subject to the provisions of Article 5.3.4
508 <#compatibility>.
509
510
511 Article 13 - GOVERNING LAW AND JURISDICTION
512
513 13.1 The Agreement is governed by French law. The Parties agree to
514 endeavor to seek an amicable solution to any disagreements or disputes
515 that may arise during the performance of the Agreement.
516
517 13.2 Failing an amicable solution within two (2) months as from their
518 occurrence, and unless emergency proceedings are necessary, the
519 disagreements or disputes shall be referred to the Paris Courts having
520 jurisdiction, by the more diligent Party.