Mercurial > repos > yufei-luo > s_mart
annotate smart_toolShed/SMART/Java/LICENSE.txt @ 4:1fc014126d55
Uploaded
author | yufei-luo |
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date | Fri, 18 Jan 2013 04:45:50 -0500 |
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1 |
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2 CeCILL FREE SOFTWARE LICENSE AGREEMENT |
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3 |
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4 |
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5 Notice |
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6 |
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7 This Agreement is a Free Software license agreement that is the result |
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8 of discussions between its authors in order to ensure compliance with |
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9 the two main principles guiding its drafting: |
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10 |
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11 * firstly, compliance with the principles governing the distribution |
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12 of Free Software: access to source code, broad rights granted to |
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13 users, |
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14 * secondly, the election of a governing law, French law, with which |
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15 it is conformant, both as regards the law of torts and |
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16 intellectual property law, and the protection that it offers to |
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17 both authors and holders of the economic rights over software. |
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18 |
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19 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) |
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20 license are: |
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21 |
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22 Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
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23 and industrial research establishment, having its principal place of |
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24 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
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25 |
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26 Centre National de la Recherche Scientifique - CNRS, a public scientific |
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27 and technological establishment, having its principal place of business |
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28 at 3 rue Michel-Ange, 75794 Paris cedex 16, France. |
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29 |
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30 Institut National de Recherche en Informatique et en Automatique - |
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31 INRIA, a public scientific and technological establishment, having its |
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32 principal place of business at Domaine de Voluceau, Rocquencourt, BP |
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33 105, 78153 Le Chesnay cedex, France. |
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34 |
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35 |
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36 Preamble |
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37 |
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38 The purpose of this Free Software license agreement is to grant users |
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39 the right to modify and redistribute the software governed by this |
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40 license within the framework of an open source distribution model. |
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41 |
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42 The exercising of these rights is conditional upon certain obligations |
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43 for users so as to preserve this status for all subsequent redistributions. |
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44 |
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45 In consideration of access to the source code and the rights to copy, |
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46 modify and redistribute granted by the license, users are provided only |
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47 with a limited warranty and the software's author, the holder of the |
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48 economic rights, and the successive licensors only have limited liability. |
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49 |
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50 In this respect, the risks associated with loading, using, modifying |
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51 and/or developing or reproducing the software by the user are brought to |
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52 the user's attention, given its Free Software status, which may make it |
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53 complicated to use, with the result that its use is reserved for |
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54 developers and experienced professionals having in-depth computer |
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55 knowledge. Users are therefore encouraged to load and test the |
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56 suitability of the software as regards their requirements in conditions |
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57 enabling the security of their systems and/or data to be ensured and, |
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58 more generally, to use and operate it in the same conditions of |
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59 security. This Agreement may be freely reproduced and published, |
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60 provided it is not altered, and that no provisions are either added or |
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61 removed herefrom. |
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62 |
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63 This Agreement may apply to any or all software for which the holder of |
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64 the economic rights decides to submit the use thereof to its provisions. |
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65 |
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66 |
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67 Article 1 - DEFINITIONS |
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68 |
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69 For the purpose of this Agreement, when the following expressions |
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70 commence with a capital letter, they shall have the following meaning: |
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71 |
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72 Agreement: means this license agreement, and its possible subsequent |
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73 versions and annexes. |
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74 |
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75 Software: means the software in its Object Code and/or Source Code form |
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76 and, where applicable, its documentation, "as is" when the Licensee |
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77 accepts the Agreement. |
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78 |
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79 Initial Software: means the Software in its Source Code and possibly its |
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80 Object Code form and, where applicable, its documentation, "as is" when |
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81 it is first distributed under the terms and conditions of the Agreement. |
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82 |
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83 Modified Software: means the Software modified by at least one |
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84 Contribution. |
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85 |
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86 Source Code: means all the Software's instructions and program lines to |
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87 which access is required so as to modify the Software. |
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88 |
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89 Object Code: means the binary files originating from the compilation of |
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90 the Source Code. |
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91 |
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92 Holder: means the holder(s) of the economic rights over the Initial |
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93 Software. |
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94 |
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95 Licensee: means the Software user(s) having accepted the Agreement. |
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96 |
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97 Contributor: means a Licensee having made at least one Contribution. |
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98 |
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99 Licensor: means the Holder, or any other individual or legal entity, who |
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100 distributes the Software under the Agreement. |
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101 |
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102 Contribution: means any or all modifications, corrections, translations, |
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103 adaptations and/or new functions integrated into the Software by any or |
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104 all Contributors, as well as any or all Internal Modules. |
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105 |
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106 Module: means a set of sources files including their documentation that |
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107 enables supplementary functions or services in addition to those offered |
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108 by the Software. |
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109 |
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110 External Module: means any or all Modules, not derived from the |
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111 Software, so that this Module and the Software run in separate address |
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112 spaces, with one calling the other when they are run. |
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113 |
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114 Internal Module: means any or all Module, connected to the Software so |
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115 that they both execute in the same address space. |
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116 |
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117 GNU GPL: means the GNU General Public License version 2 or any |
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118 subsequent version, as published by the Free Software Foundation Inc. |
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119 |
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120 Parties: mean both the Licensee and the Licensor. |
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121 |
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122 These expressions may be used both in singular and plural form. |
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123 |
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124 |
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125 Article 2 - PURPOSE |
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126 |
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127 The purpose of the Agreement is the grant by the Licensor to the |
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128 Licensee of a non-exclusive, transferable and worldwide license for the |
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129 Software as set forth in Article 5 hereinafter for the whole term of the |
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130 protection granted by the rights over said Software. |
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131 |
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132 |
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133 Article 3 - ACCEPTANCE |
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134 |
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135 3.1 The Licensee shall be deemed as having accepted the terms and |
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136 conditions of this Agreement upon the occurrence of the first of the |
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137 following events: |
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138 |
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139 * (i) loading the Software by any or all means, notably, by |
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140 downloading from a remote server, or by loading from a physical |
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141 medium; |
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142 * (ii) the first time the Licensee exercises any of the rights |
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143 granted hereunder. |
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144 |
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145 3.2 One copy of the Agreement, containing a notice relating to the |
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146 characteristics of the Software, to the limited warranty, and to the |
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147 fact that its use is restricted to experienced users has been provided |
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148 to the Licensee prior to its acceptance as set forth in Article 3.1 |
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149 hereinabove, and the Licensee hereby acknowledges that it has read and |
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150 understood it. |
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151 |
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152 |
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153 Article 4 - EFFECTIVE DATE AND TERM |
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154 |
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155 |
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156 4.1 EFFECTIVE DATE |
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157 |
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158 The Agreement shall become effective on the date when it is accepted by |
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159 the Licensee as set forth in Article 3.1. |
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160 |
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161 |
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162 4.2 TERM |
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163 |
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164 The Agreement shall remain in force for the entire legal term of |
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165 protection of the economic rights over the Software. |
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166 |
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167 |
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168 Article 5 - SCOPE OF RIGHTS GRANTED |
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169 |
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170 The Licensor hereby grants to the Licensee, who accepts, the following |
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171 rights over the Software for any or all use, and for the term of the |
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172 Agreement, on the basis of the terms and conditions set forth hereinafter. |
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173 |
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174 Besides, if the Licensor owns or comes to own one or more patents |
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175 protecting all or part of the functions of the Software or of its |
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176 components, the Licensor undertakes not to enforce the rights granted by |
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177 these patents against successive Licensees using, exploiting or |
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178 modifying the Software. If these patents are transferred, the Licensor |
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179 undertakes to have the transferees subscribe to the obligations set |
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180 forth in this paragraph. |
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181 |
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182 |
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183 5.1 RIGHT OF USE |
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184 |
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185 The Licensee is authorized to use the Software, without any limitation |
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186 as to its fields of application, with it being hereinafter specified |
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187 that this comprises: |
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188 |
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189 1. permanent or temporary reproduction of all or part of the Software |
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190 by any or all means and in any or all form. |
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191 |
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192 2. loading, displaying, running, or storing the Software on any or |
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193 all medium. |
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194 |
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195 3. entitlement to observe, study or test its operation so as to |
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196 determine the ideas and principles behind any or all constituent |
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197 elements of said Software. This shall apply when the Licensee |
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198 carries out any or all loading, displaying, running, transmission |
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199 or storage operation as regards the Software, that it is entitled |
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200 to carry out hereunder. |
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201 |
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202 |
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203 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
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204 |
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205 The right to make Contributions includes the right to translate, adapt, |
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206 arrange, or make any or all modifications to the Software, and the right |
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207 to reproduce the resulting software. |
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208 |
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209 The Licensee is authorized to make any or all Contributions to the |
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210 Software provided that it includes an explicit notice that it is the |
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211 author of said Contribution and indicates the date of the creation thereof. |
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212 |
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213 |
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214 5.3 RIGHT OF DISTRIBUTION |
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215 |
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216 In particular, the right of distribution includes the right to publish, |
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217 transmit and communicate the Software to the general public on any or |
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218 all medium, and by any or all means, and the right to market, either in |
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219 consideration of a fee, or free of charge, one or more copies of the |
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220 Software by any means. |
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221 |
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222 The Licensee is further authorized to distribute copies of the modified |
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223 or unmodified Software to third parties according to the terms and |
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224 conditions set forth hereinafter. |
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225 |
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226 |
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227 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
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228 |
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229 The Licensee is authorized to distribute true copies of the Software in |
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230 Source Code or Object Code form, provided that said distribution |
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231 complies with all the provisions of the Agreement and is accompanied by: |
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232 |
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233 1. a copy of the Agreement, |
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234 |
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235 2. a notice relating to the limitation of both the Licensor's |
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236 warranty and liability as set forth in Articles 8 and 9, |
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237 |
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238 and that, in the event that only the Object Code of the Software is |
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239 redistributed, the Licensee allows future Licensees unhindered access to |
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240 the full Source Code of the Software by indicating how to access it, it |
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241 being understood that the additional cost of acquiring the Source Code |
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242 shall not exceed the cost of transferring the data. |
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243 |
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244 |
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245 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
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246 |
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247 When the Licensee makes a Contribution to the Software, the terms and |
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248 conditions for the distribution of the resulting Modified Software |
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249 become subject to all the provisions of this Agreement. |
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250 |
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251 The Licensee is authorized to distribute the Modified Software, in |
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252 source code or object code form, provided that said distribution |
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253 complies with all the provisions of the Agreement and is accompanied by: |
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254 |
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255 1. a copy of the Agreement, |
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256 |
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257 2. a notice relating to the limitation of both the Licensor's |
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258 warranty and liability as set forth in Articles 8 and 9, |
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259 |
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260 and that, in the event that only the object code of the Modified |
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261 Software is redistributed, the Licensee allows future Licensees |
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262 unhindered access to the full source code of the Modified Software by |
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263 indicating how to access it, it being understood that the additional |
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264 cost of acquiring the source code shall not exceed the cost of |
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265 transferring the data. |
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266 |
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267 |
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268 5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
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269 |
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270 When the Licensee has developed an External Module, the terms and |
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271 conditions of this Agreement do not apply to said External Module, that |
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272 may be distributed under a separate license agreement. |
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273 |
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274 |
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275 5.3.4 COMPATIBILITY WITH THE GNU GPL |
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276 |
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277 The Licensee can include a code that is subject to the provisions of one |
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278 of the versions of the GNU GPL in the Modified or unmodified Software, |
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279 and distribute that entire code under the terms of the same version of |
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280 the GNU GPL. |
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281 |
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282 The Licensee can include the Modified or unmodified Software in a code |
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283 that is subject to the provisions of one of the versions of the GNU GPL, |
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284 and distribute that entire code under the terms of the same version of |
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285 the GNU GPL. |
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286 |
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287 |
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288 Article 6 - INTELLECTUAL PROPERTY |
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289 |
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290 |
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291 6.1 OVER THE INITIAL SOFTWARE |
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292 |
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293 The Holder owns the economic rights over the Initial Software. Any or |
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294 all use of the Initial Software is subject to compliance with the terms |
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295 and conditions under which the Holder has elected to distribute its work |
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296 and no one shall be entitled to modify the terms and conditions for the |
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297 distribution of said Initial Software. |
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298 |
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299 The Holder undertakes that the Initial Software will remain ruled at |
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300 least by this Agreement, for the duration set forth in Article 4.2. |
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301 |
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302 |
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303 6.2 OVER THE CONTRIBUTIONS |
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304 |
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305 The Licensee who develops a Contribution is the owner of the |
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306 intellectual property rights over this Contribution as defined by |
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307 applicable law. |
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308 |
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309 |
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310 6.3 OVER THE EXTERNAL MODULES |
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311 |
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312 The Licensee who develops an External Module is the owner of the |
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313 intellectual property rights over this External Module as defined by |
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314 applicable law and is free to choose the type of agreement that shall |
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315 govern its distribution. |
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316 |
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317 |
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318 6.4 JOINT PROVISIONS |
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319 |
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320 The Licensee expressly undertakes: |
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321 |
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322 1. not to remove, or modify, in any manner, the intellectual property |
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323 notices attached to the Software; |
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324 |
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325 2. to reproduce said notices, in an identical manner, in the copies |
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326 of the Software modified or not. |
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327 |
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328 The Licensee undertakes not to directly or indirectly infringe the |
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329 intellectual property rights of the Holder and/or Contributors on the |
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330 Software and to take, where applicable, vis-à-vis its staff, any and all |
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331 measures required to ensure respect of said intellectual property rights |
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332 of the Holder and/or Contributors. |
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333 |
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334 |
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335 Article 7 - RELATED SERVICES |
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336 |
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337 7.1 Under no circumstances shall the Agreement oblige the Licensor to |
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338 provide technical assistance or maintenance services for the Software. |
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339 |
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340 However, the Licensor is entitled to offer this type of services. The |
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341 terms and conditions of such technical assistance, and/or such |
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342 maintenance, shall be set forth in a separate instrument. Only the |
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343 Licensor offering said maintenance and/or technical assistance services |
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344 shall incur liability therefor. |
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345 |
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346 7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
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347 its sole responsibility, a warranty, that shall only be binding upon |
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348 itself, for the redistribution of the Software and/or the Modified |
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349 Software, under terms and conditions that it is free to decide. Said |
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350 warranty, and the financial terms and conditions of its application, |
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351 shall be subject of a separate instrument executed between the Licensor |
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352 and the Licensee. |
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353 |
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354 |
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355 Article 8 - LIABILITY |
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356 |
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357 8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
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358 entitled to claim compensation for any direct loss it may have suffered |
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359 from the Software as a result of a fault on the part of the relevant |
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360 Licensor, subject to providing evidence thereof. |
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361 |
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362 8.2 The Licensor's liability is limited to the commitments made under |
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363 this Agreement and shall not be incurred as a result of in particular: |
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364 (i) loss due the Licensee's total or partial failure to fulfill its |
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365 obligations, (ii) direct or consequential loss that is suffered by the |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
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changeset
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366 Licensee due to the use or performance of the Software, and (iii) more |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
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367 generally, any consequential loss. In particular the Parties expressly |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
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368 agree that any or all pecuniary or business loss (i.e. loss of data, |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
369 loss of profits, operating loss, loss of customers or orders, |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
370 opportunity cost, any disturbance to business activities) or any or all |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
371 legal proceedings instituted against the Licensee by a third party, |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
372 shall constitute consequential loss and shall not provide entitlement to |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
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changeset
|
373 any or all compensation from the Licensor. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
374 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
375 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
376 Article 9 - WARRANTY |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
377 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
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378 9.1 The Licensee acknowledges that the scientific and technical |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
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379 state-of-the-art when the Software was distributed did not enable all |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
380 possible uses to be tested and verified, nor for the presence of |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
381 possible defects to be detected. In this respect, the Licensee's |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
382 attention has been drawn to the risks associated with loading, using, |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
383 modifying and/or developing and reproducing the Software which are |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
384 reserved for experienced users. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
385 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
386 The Licensee shall be responsible for verifying, by any or all means, |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
387 the suitability of the product for its requirements, its good working |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
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changeset
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388 order, and for ensuring that it shall not cause damage to either persons |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
389 or properties. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
390 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
391 9.2 The Licensor hereby represents, in good faith, that it is entitled |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
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changeset
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392 to grant all the rights over the Software (including in particular the |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
393 rights set forth in Article 5). |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
394 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
395 9.3 The Licensee acknowledges that the Software is supplied "as is" by |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
396 the Licensor without any other express or tacit warranty, other than |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
397 that provided for in Article 9.2 and, in particular, without any warranty |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
398 as to its commercial value, its secured, safe, innovative or relevant |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
399 nature. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
400 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
401 Specifically, the Licensor does not warrant that the Software is free |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
402 from any error, that it will operate without interruption, that it will |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
403 be compatible with the Licensee's own equipment and software |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
404 configuration, nor that it will meet the Licensee's requirements. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
405 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
406 9.4 The Licensor does not either expressly or tacitly warrant that the |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
407 Software does not infringe any third party intellectual property right |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
408 relating to a patent, software or any other property right. Therefore, |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
409 the Licensor disclaims any and all liability towards the Licensee |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
410 arising out of any or all proceedings for infringement that may be |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
411 instituted in respect of the use, modification and redistribution of the |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
412 Software. Nevertheless, should such proceedings be instituted against |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
413 the Licensee, the Licensor shall provide it with technical and legal |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
414 assistance for its defense. Such technical and legal assistance shall be |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
415 decided on a case-by-case basis between the relevant Licensor and the |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
416 Licensee pursuant to a memorandum of understanding. The Licensor |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
417 disclaims any and all liability as regards the Licensee's use of the |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
418 name of the Software. No warranty is given as regards the existence of |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
419 prior rights over the name of the Software or as regards the existence |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
420 of a trademark. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
421 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
422 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
423 Article 10 - TERMINATION |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
424 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
425 10.1 In the event of a breach by the Licensee of its obligations |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
426 hereunder, the Licensor may automatically terminate this Agreement |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
427 thirty (30) days after notice has been sent to the Licensee and has |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
428 remained ineffective. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
429 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
430 10.2 A Licensee whose Agreement is terminated shall no longer be |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
431 authorized to use, modify or distribute the Software. However, any |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
432 licenses that it may have granted prior to termination of the Agreement |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
433 shall remain valid subject to their having been granted in compliance |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
434 with the terms and conditions hereof. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
435 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
436 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
437 Article 11 - MISCELLANEOUS |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
438 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
439 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
440 11.1 EXCUSABLE EVENTS |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
441 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
442 Neither Party shall be liable for any or all delay, or failure to |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
443 perform the Agreement, that may be attributable to an event of force |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
444 majeure, an act of God or an outside cause, such as defective |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
445 functioning or interruptions of the electricity or telecommunications |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
446 networks, network paralysis following a virus attack, intervention by |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
447 government authorities, natural disasters, water damage, earthquakes, |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
448 fire, explosions, strikes and labor unrest, war, etc. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
449 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
450 11.2 Any failure by either Party, on one or more occasions, to invoke |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
451 one or more of the provisions hereof, shall under no circumstances be |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
452 interpreted as being a waiver by the interested Party of its right to |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
453 invoke said provision(s) subsequently. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
454 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
455 11.3 The Agreement cancels and replaces any or all previous agreements, |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
456 whether written or oral, between the Parties and having the same |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
457 purpose, and constitutes the entirety of the agreement between said |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
458 Parties concerning said purpose. No supplement or modification to the |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
459 terms and conditions hereof shall be effective as between the Parties |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
460 unless it is made in writing and signed by their duly authorized |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
461 representatives. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
462 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
463 11.4 In the event that one or more of the provisions hereof were to |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
464 conflict with a current or future applicable act or legislative text, |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
465 said act or legislative text shall prevail, and the Parties shall make |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
466 the necessary amendments so as to comply with said act or legislative |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
467 text. All other provisions shall remain effective. Similarly, invalidity |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
468 of a provision of the Agreement, for any reason whatsoever, shall not |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
469 cause the Agreement as a whole to be invalid. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
470 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
471 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
472 11.5 LANGUAGE |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
473 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
474 The Agreement is drafted in both French and English and both versions |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
475 are deemed authentic. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
476 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
477 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
478 Article 12 - NEW VERSIONS OF THE AGREEMENT |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
479 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
480 12.1 Any person is authorized to duplicate and distribute copies of this |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
481 Agreement. |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
482 |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
483 12.2 So as to ensure coherence, the wording of this Agreement is |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
|
484 protected and may only be modified by the authors of the License, who |
e0f8dcca02ed
Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
yufei-luo
parents:
diff
changeset
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485 reserve the right to periodically publish updates or new versions of the |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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486 Agreement, each with a separate number. These subsequent versions may |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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487 address new issues encountered by Free Software. |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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488 |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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489 12.3 Any Software distributed under a given version of the Agreement may |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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490 only be subsequently distributed under the same version of the Agreement |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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491 or a subsequent version, subject to the provisions of Article 5.3.4. |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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492 |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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493 |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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494 Article 13 - GOVERNING LAW AND JURISDICTION |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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495 |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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496 13.1 The Agreement is governed by French law. The Parties agree to |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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497 endeavor to seek an amicable solution to any disagreements or disputes |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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498 that may arise during the performance of the Agreement. |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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499 |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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500 13.2 Failing an amicable solution within two (2) months as from their |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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501 occurrence, and unless emergency proceedings are necessary, the |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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502 disagreements or disputes shall be referred to the Paris Courts having |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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503 jurisdiction, by the more diligent Party. |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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504 |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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505 |
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Uploaded S-MART tool. A toolbox manages RNA-Seq and ChIP-Seq data.
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506 Version 2.0 dated 2006-09-05. |