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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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366 Licensee due to the use or performance of the Software, and (iii) more
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367 generally, any consequential loss. In particular the Parties expressly
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368 agree that any or all pecuniary or business loss (i.e. loss of data,
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369 loss of profits, operating loss, loss of customers or orders,
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370 opportunity cost, any disturbance to business activities) or any or all
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371 legal proceedings instituted against the Licensee by a third party,
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372 shall constitute consequential loss and shall not provide entitlement to
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373 any or all compensation from the Licensor.
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374
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375
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376 Article 9 - WARRANTY
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377
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378 9.1 The Licensee acknowledges that the scientific and technical
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379 state-of-the-art when the Software was distributed did not enable all
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380 possible uses to be tested and verified, nor for the presence of
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381 possible defects to be detected. In this respect, the Licensee's
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382 attention has been drawn to the risks associated with loading, using,
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383 modifying and/or developing and reproducing the Software which are
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384 reserved for experienced users.
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385
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386 The Licensee shall be responsible for verifying, by any or all means,
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387 the suitability of the product for its requirements, its good working
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388 order, and for ensuring that it shall not cause damage to either persons
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389 or properties.
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390
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391 9.2 The Licensor hereby represents, in good faith, that it is entitled
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392 to grant all the rights over the Software (including in particular the
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393 rights set forth in Article 5).
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394
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395 9.3 The Licensee acknowledges that the Software is supplied "as is" by
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396 the Licensor without any other express or tacit warranty, other than
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397 that provided for in Article 9.2 and, in particular, without any warranty
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398 as to its commercial value, its secured, safe, innovative or relevant
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399 nature.
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400
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401 Specifically, the Licensor does not warrant that the Software is free
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402 from any error, that it will operate without interruption, that it will
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403 be compatible with the Licensee's own equipment and software
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404 configuration, nor that it will meet the Licensee's requirements.
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405
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406 9.4 The Licensor does not either expressly or tacitly warrant that the
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407 Software does not infringe any third party intellectual property right
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408 relating to a patent, software or any other property right. Therefore,
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409 the Licensor disclaims any and all liability towards the Licensee
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410 arising out of any or all proceedings for infringement that may be
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411 instituted in respect of the use, modification and redistribution of the
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412 Software. Nevertheless, should such proceedings be instituted against
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413 the Licensee, the Licensor shall provide it with technical and legal
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414 assistance for its defense. Such technical and legal assistance shall be
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415 decided on a case-by-case basis between the relevant Licensor and the
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416 Licensee pursuant to a memorandum of understanding. The Licensor
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417 disclaims any and all liability as regards the Licensee's use of the
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418 name of the Software. No warranty is given as regards the existence of
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419 prior rights over the name of the Software or as regards the existence
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420 of a trademark.
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421
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422
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423 Article 10 - TERMINATION
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424
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425 10.1 In the event of a breach by the Licensee of its obligations
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426 hereunder, the Licensor may automatically terminate this Agreement
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427 thirty (30) days after notice has been sent to the Licensee and has
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428 remained ineffective.
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429
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430 10.2 A Licensee whose Agreement is terminated shall no longer be
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431 authorized to use, modify or distribute the Software. However, any
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432 licenses that it may have granted prior to termination of the Agreement
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433 shall remain valid subject to their having been granted in compliance
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434 with the terms and conditions hereof.
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435
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436
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437 Article 11 - MISCELLANEOUS
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438
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439
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440 11.1 EXCUSABLE EVENTS
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441
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442 Neither Party shall be liable for any or all delay, or failure to
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443 perform the Agreement, that may be attributable to an event of force
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444 majeure, an act of God or an outside cause, such as defective
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445 functioning or interruptions of the electricity or telecommunications
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446 networks, network paralysis following a virus attack, intervention by
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447 government authorities, natural disasters, water damage, earthquakes,
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448 fire, explosions, strikes and labor unrest, war, etc.
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449
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450 11.2 Any failure by either Party, on one or more occasions, to invoke
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451 one or more of the provisions hereof, shall under no circumstances be
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452 interpreted as being a waiver by the interested Party of its right to
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453 invoke said provision(s) subsequently.
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454
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455 11.3 The Agreement cancels and replaces any or all previous agreements,
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456 whether written or oral, between the Parties and having the same
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457 purpose, and constitutes the entirety of the agreement between said
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458 Parties concerning said purpose. No supplement or modification to the
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459 terms and conditions hereof shall be effective as between the Parties
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460 unless it is made in writing and signed by their duly authorized
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461 representatives.
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462
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463 11.4 In the event that one or more of the provisions hereof were to
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464 conflict with a current or future applicable act or legislative text,
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465 said act or legislative text shall prevail, and the Parties shall make
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466 the necessary amendments so as to comply with said act or legislative
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467 text. All other provisions shall remain effective. Similarly, invalidity
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468 of a provision of the Agreement, for any reason whatsoever, shall not
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469 cause the Agreement as a whole to be invalid.
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470
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471
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472 11.5 LANGUAGE
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473
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474 The Agreement is drafted in both French and English and both versions
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475 are deemed authentic.
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476
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477
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478 Article 12 - NEW VERSIONS OF THE AGREEMENT
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479
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480 12.1 Any person is authorized to duplicate and distribute copies of this
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481 Agreement.
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482
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483 12.2 So as to ensure coherence, the wording of this Agreement is
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484 protected and may only be modified by the authors of the License, who
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485 reserve the right to periodically publish updates or new versions of the
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486 Agreement, each with a separate number. These subsequent versions may
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487 address new issues encountered by Free Software.
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488
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489 12.3 Any Software distributed under a given version of the Agreement may
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490 only be subsequently distributed under the same version of the Agreement
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491 or a subsequent version, subject to the provisions of Article 5.3.4.
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492
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493
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494 Article 13 - GOVERNING LAW AND JURISDICTION
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495
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496 13.1 The Agreement is governed by French law. The Parties agree to
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497 endeavor to seek an amicable solution to any disagreements or disputes
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498 that may arise during the performance of the Agreement.
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499
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500 13.2 Failing an amicable solution within two (2) months as from their
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501 occurrence, and unless emergency proceedings are necessary, the
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502 disagreements or disputes shall be referred to the Paris Courts having
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503 jurisdiction, by the more diligent Party.
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504
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505
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506 Version 2.0 dated 2006-09-05.
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