annotate LICENSE.txt @ 47:b6481845eb0d

Uploaded
author m-zytnicki
date Mon, 30 Sep 2013 05:51:28 -0400
parents 44d5973c188c
children
Ignore whitespace changes - Everywhere: Within whitespace: At end of lines:
rev   line source
36
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
1
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
2 CeCILL FREE SOFTWARE LICENSE AGREEMENT
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
3
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
4
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
5 Notice
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
6
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
7 This Agreement is a Free Software license agreement that is the result
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
8 of discussions between its authors in order to ensure compliance with
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
9 the two main principles guiding its drafting:
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
10
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
11 * firstly, compliance with the principles governing the distribution
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
12 of Free Software: access to source code, broad rights granted to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
13 users,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
14 * secondly, the election of a governing law, French law, with which
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
15 it is conformant, both as regards the law of torts and
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
16 intellectual property law, and the protection that it offers to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
17 both authors and holders of the economic rights over software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
18
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
19 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
20 license are:
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
21
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
22 Commissariat à l'Energie Atomique - CEA, a public scientific, technical
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
23 and industrial research establishment, having its principal place of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
24 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
25
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
26 Centre National de la Recherche Scientifique - CNRS, a public scientific
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
27 and technological establishment, having its principal place of business
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
28 at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
29
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
30 Institut National de Recherche en Informatique et en Automatique -
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
31 INRIA, a public scientific and technological establishment, having its
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
32 principal place of business at Domaine de Voluceau, Rocquencourt, BP
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
33 105, 78153 Le Chesnay cedex, France.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
34
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
35
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
36 Preamble
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
37
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
38 The purpose of this Free Software license agreement is to grant users
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
39 the right to modify and redistribute the software governed by this
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
40 license within the framework of an open source distribution model.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
41
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
42 The exercising of these rights is conditional upon certain obligations
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
43 for users so as to preserve this status for all subsequent redistributions.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
44
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
45 In consideration of access to the source code and the rights to copy,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
46 modify and redistribute granted by the license, users are provided only
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
47 with a limited warranty and the software's author, the holder of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
48 economic rights, and the successive licensors only have limited liability.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
49
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
50 In this respect, the risks associated with loading, using, modifying
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
51 and/or developing or reproducing the software by the user are brought to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
52 the user's attention, given its Free Software status, which may make it
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
53 complicated to use, with the result that its use is reserved for
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
54 developers and experienced professionals having in-depth computer
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
55 knowledge. Users are therefore encouraged to load and test the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
56 suitability of the software as regards their requirements in conditions
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
57 enabling the security of their systems and/or data to be ensured and,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
58 more generally, to use and operate it in the same conditions of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
59 security. This Agreement may be freely reproduced and published,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
60 provided it is not altered, and that no provisions are either added or
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
61 removed herefrom.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
62
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
63 This Agreement may apply to any or all software for which the holder of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
64 the economic rights decides to submit the use thereof to its provisions.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
65
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
66
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
67 Article 1 - DEFINITIONS
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
68
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
69 For the purpose of this Agreement, when the following expressions
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
70 commence with a capital letter, they shall have the following meaning:
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
71
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
72 Agreement: means this license agreement, and its possible subsequent
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
73 versions and annexes.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
74
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
75 Software: means the software in its Object Code and/or Source Code form
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
76 and, where applicable, its documentation, "as is" when the Licensee
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
77 accepts the Agreement.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
78
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
79 Initial Software: means the Software in its Source Code and possibly its
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
80 Object Code form and, where applicable, its documentation, "as is" when
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
81 it is first distributed under the terms and conditions of the Agreement.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
82
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
83 Modified Software: means the Software modified by at least one
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
84 Contribution.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
85
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
86 Source Code: means all the Software's instructions and program lines to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
87 which access is required so as to modify the Software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
88
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
89 Object Code: means the binary files originating from the compilation of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
90 the Source Code.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
91
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
92 Holder: means the holder(s) of the economic rights over the Initial
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
93 Software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
94
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
95 Licensee: means the Software user(s) having accepted the Agreement.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
96
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
97 Contributor: means a Licensee having made at least one Contribution.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
98
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
99 Licensor: means the Holder, or any other individual or legal entity, who
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
100 distributes the Software under the Agreement.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
101
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
102 Contribution: means any or all modifications, corrections, translations,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
103 adaptations and/or new functions integrated into the Software by any or
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
104 all Contributors, as well as any or all Internal Modules.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
105
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
106 Module: means a set of sources files including their documentation that
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
107 enables supplementary functions or services in addition to those offered
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
108 by the Software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
109
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
110 External Module: means any or all Modules, not derived from the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
111 Software, so that this Module and the Software run in separate address
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
112 spaces, with one calling the other when they are run.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
113
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
114 Internal Module: means any or all Module, connected to the Software so
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
115 that they both execute in the same address space.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
116
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
117 GNU GPL: means the GNU General Public License version 2 or any
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
118 subsequent version, as published by the Free Software Foundation Inc.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
119
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
120 Parties: mean both the Licensee and the Licensor.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
121
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
122 These expressions may be used both in singular and plural form.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
123
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
124
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
125 Article 2 - PURPOSE
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
126
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
127 The purpose of the Agreement is the grant by the Licensor to the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
128 Licensee of a non-exclusive, transferable and worldwide license for the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
129 Software as set forth in Article 5 hereinafter for the whole term of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
130 protection granted by the rights over said Software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
131
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
132
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
133 Article 3 - ACCEPTANCE
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
134
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
135 3.1 The Licensee shall be deemed as having accepted the terms and
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
136 conditions of this Agreement upon the occurrence of the first of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
137 following events:
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
138
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
139 * (i) loading the Software by any or all means, notably, by
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
140 downloading from a remote server, or by loading from a physical
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
141 medium;
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
142 * (ii) the first time the Licensee exercises any of the rights
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
143 granted hereunder.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
144
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
145 3.2 One copy of the Agreement, containing a notice relating to the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
146 characteristics of the Software, to the limited warranty, and to the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
147 fact that its use is restricted to experienced users has been provided
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
148 to the Licensee prior to its acceptance as set forth in Article 3.1
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
149 hereinabove, and the Licensee hereby acknowledges that it has read and
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
150 understood it.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
151
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
152
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
153 Article 4 - EFFECTIVE DATE AND TERM
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
154
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
155
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
156 4.1 EFFECTIVE DATE
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
157
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
158 The Agreement shall become effective on the date when it is accepted by
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
159 the Licensee as set forth in Article 3.1.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
160
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
161
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
162 4.2 TERM
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
163
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
164 The Agreement shall remain in force for the entire legal term of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
165 protection of the economic rights over the Software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
166
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
167
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
168 Article 5 - SCOPE OF RIGHTS GRANTED
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
169
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
170 The Licensor hereby grants to the Licensee, who accepts, the following
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
171 rights over the Software for any or all use, and for the term of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
172 Agreement, on the basis of the terms and conditions set forth hereinafter.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
173
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
174 Besides, if the Licensor owns or comes to own one or more patents
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
175 protecting all or part of the functions of the Software or of its
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
176 components, the Licensor undertakes not to enforce the rights granted by
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
177 these patents against successive Licensees using, exploiting or
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
178 modifying the Software. If these patents are transferred, the Licensor
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
179 undertakes to have the transferees subscribe to the obligations set
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
180 forth in this paragraph.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
181
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
182
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
183 5.1 RIGHT OF USE
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
184
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
185 The Licensee is authorized to use the Software, without any limitation
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
186 as to its fields of application, with it being hereinafter specified
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
187 that this comprises:
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
188
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
189 1. permanent or temporary reproduction of all or part of the Software
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
190 by any or all means and in any or all form.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
191
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
192 2. loading, displaying, running, or storing the Software on any or
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
193 all medium.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
194
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
195 3. entitlement to observe, study or test its operation so as to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
196 determine the ideas and principles behind any or all constituent
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
197 elements of said Software. This shall apply when the Licensee
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
198 carries out any or all loading, displaying, running, transmission
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
199 or storage operation as regards the Software, that it is entitled
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
200 to carry out hereunder.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
201
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
202
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
203 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
204
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
205 The right to make Contributions includes the right to translate, adapt,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
206 arrange, or make any or all modifications to the Software, and the right
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
207 to reproduce the resulting software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
208
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
209 The Licensee is authorized to make any or all Contributions to the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
210 Software provided that it includes an explicit notice that it is the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
211 author of said Contribution and indicates the date of the creation thereof.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
212
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
213
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
214 5.3 RIGHT OF DISTRIBUTION
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
215
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
216 In particular, the right of distribution includes the right to publish,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
217 transmit and communicate the Software to the general public on any or
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
218 all medium, and by any or all means, and the right to market, either in
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
219 consideration of a fee, or free of charge, one or more copies of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
220 Software by any means.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
221
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
222 The Licensee is further authorized to distribute copies of the modified
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
223 or unmodified Software to third parties according to the terms and
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
224 conditions set forth hereinafter.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
225
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
226
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
227 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
228
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
229 The Licensee is authorized to distribute true copies of the Software in
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
230 Source Code or Object Code form, provided that said distribution
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
231 complies with all the provisions of the Agreement and is accompanied by:
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
232
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
233 1. a copy of the Agreement,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
234
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
235 2. a notice relating to the limitation of both the Licensor's
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
236 warranty and liability as set forth in Articles 8 and 9,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
237
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
238 and that, in the event that only the Object Code of the Software is
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
239 redistributed, the Licensee allows future Licensees unhindered access to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
240 the full Source Code of the Software by indicating how to access it, it
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
241 being understood that the additional cost of acquiring the Source Code
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
242 shall not exceed the cost of transferring the data.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
243
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
244
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
245 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
246
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
247 When the Licensee makes a Contribution to the Software, the terms and
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
248 conditions for the distribution of the resulting Modified Software
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
249 become subject to all the provisions of this Agreement.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
250
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
251 The Licensee is authorized to distribute the Modified Software, in
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
252 source code or object code form, provided that said distribution
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
253 complies with all the provisions of the Agreement and is accompanied by:
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
254
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
255 1. a copy of the Agreement,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
256
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
257 2. a notice relating to the limitation of both the Licensor's
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
258 warranty and liability as set forth in Articles 8 and 9,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
259
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
260 and that, in the event that only the object code of the Modified
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
261 Software is redistributed, the Licensee allows future Licensees
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
262 unhindered access to the full source code of the Modified Software by
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
263 indicating how to access it, it being understood that the additional
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
264 cost of acquiring the source code shall not exceed the cost of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
265 transferring the data.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
266
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
267
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
268 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
269
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
270 When the Licensee has developed an External Module, the terms and
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
271 conditions of this Agreement do not apply to said External Module, that
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
272 may be distributed under a separate license agreement.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
273
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
274
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
275 5.3.4 COMPATIBILITY WITH THE GNU GPL
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
276
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
277 The Licensee can include a code that is subject to the provisions of one
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
278 of the versions of the GNU GPL in the Modified or unmodified Software,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
279 and distribute that entire code under the terms of the same version of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
280 the GNU GPL.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
281
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
282 The Licensee can include the Modified or unmodified Software in a code
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
283 that is subject to the provisions of one of the versions of the GNU GPL,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
284 and distribute that entire code under the terms of the same version of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
285 the GNU GPL.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
286
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
287
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
288 Article 6 - INTELLECTUAL PROPERTY
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
289
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
290
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
291 6.1 OVER THE INITIAL SOFTWARE
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
292
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
293 The Holder owns the economic rights over the Initial Software. Any or
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
294 all use of the Initial Software is subject to compliance with the terms
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
295 and conditions under which the Holder has elected to distribute its work
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
296 and no one shall be entitled to modify the terms and conditions for the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
297 distribution of said Initial Software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
298
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
299 The Holder undertakes that the Initial Software will remain ruled at
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
300 least by this Agreement, for the duration set forth in Article 4.2.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
301
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
302
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
303 6.2 OVER THE CONTRIBUTIONS
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
304
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
305 The Licensee who develops a Contribution is the owner of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
306 intellectual property rights over this Contribution as defined by
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
307 applicable law.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
308
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
309
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
310 6.3 OVER THE EXTERNAL MODULES
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
311
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
312 The Licensee who develops an External Module is the owner of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
313 intellectual property rights over this External Module as defined by
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
314 applicable law and is free to choose the type of agreement that shall
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
315 govern its distribution.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
316
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
317
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
318 6.4 JOINT PROVISIONS
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
319
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
320 The Licensee expressly undertakes:
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
321
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
322 1. not to remove, or modify, in any manner, the intellectual property
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
323 notices attached to the Software;
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
324
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
325 2. to reproduce said notices, in an identical manner, in the copies
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
326 of the Software modified or not.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
327
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
328 The Licensee undertakes not to directly or indirectly infringe the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
329 intellectual property rights of the Holder and/or Contributors on the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
330 Software and to take, where applicable, vis-à-vis its staff, any and all
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
331 measures required to ensure respect of said intellectual property rights
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
332 of the Holder and/or Contributors.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
333
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
334
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
335 Article 7 - RELATED SERVICES
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
336
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
337 7.1 Under no circumstances shall the Agreement oblige the Licensor to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
338 provide technical assistance or maintenance services for the Software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
339
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
340 However, the Licensor is entitled to offer this type of services. The
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
341 terms and conditions of such technical assistance, and/or such
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
342 maintenance, shall be set forth in a separate instrument. Only the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
343 Licensor offering said maintenance and/or technical assistance services
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
344 shall incur liability therefor.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
345
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
346 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
347 its sole responsibility, a warranty, that shall only be binding upon
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
348 itself, for the redistribution of the Software and/or the Modified
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
349 Software, under terms and conditions that it is free to decide. Said
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
350 warranty, and the financial terms and conditions of its application,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
351 shall be subject of a separate instrument executed between the Licensor
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
352 and the Licensee.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
353
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
354
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
355 Article 8 - LIABILITY
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
356
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
357 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
358 entitled to claim compensation for any direct loss it may have suffered
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
359 from the Software as a result of a fault on the part of the relevant
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
360 Licensor, subject to providing evidence thereof.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
361
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
362 8.2 The Licensor's liability is limited to the commitments made under
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
363 this Agreement and shall not be incurred as a result of in particular:
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
364 (i) loss due the Licensee's total or partial failure to fulfill its
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
365 obligations, (ii) direct or consequential loss that is suffered by the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
366 Licensee due to the use or performance of the Software, and (iii) more
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
367 generally, any consequential loss. In particular the Parties expressly
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
368 agree that any or all pecuniary or business loss (i.e. loss of data,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
369 loss of profits, operating loss, loss of customers or orders,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
370 opportunity cost, any disturbance to business activities) or any or all
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
371 legal proceedings instituted against the Licensee by a third party,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
372 shall constitute consequential loss and shall not provide entitlement to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
373 any or all compensation from the Licensor.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
374
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
375
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
376 Article 9 - WARRANTY
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
377
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
378 9.1 The Licensee acknowledges that the scientific and technical
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
379 state-of-the-art when the Software was distributed did not enable all
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
380 possible uses to be tested and verified, nor for the presence of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
381 possible defects to be detected. In this respect, the Licensee's
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
382 attention has been drawn to the risks associated with loading, using,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
383 modifying and/or developing and reproducing the Software which are
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
384 reserved for experienced users.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
385
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
386 The Licensee shall be responsible for verifying, by any or all means,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
387 the suitability of the product for its requirements, its good working
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
388 order, and for ensuring that it shall not cause damage to either persons
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
389 or properties.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
390
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
391 9.2 The Licensor hereby represents, in good faith, that it is entitled
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
392 to grant all the rights over the Software (including in particular the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
393 rights set forth in Article 5).
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
394
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
395 9.3 The Licensee acknowledges that the Software is supplied "as is" by
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
396 the Licensor without any other express or tacit warranty, other than
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
397 that provided for in Article 9.2 and, in particular, without any warranty
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
398 as to its commercial value, its secured, safe, innovative or relevant
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
399 nature.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
400
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
401 Specifically, the Licensor does not warrant that the Software is free
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
402 from any error, that it will operate without interruption, that it will
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
403 be compatible with the Licensee's own equipment and software
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
404 configuration, nor that it will meet the Licensee's requirements.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
405
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
406 9.4 The Licensor does not either expressly or tacitly warrant that the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
407 Software does not infringe any third party intellectual property right
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
408 relating to a patent, software or any other property right. Therefore,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
409 the Licensor disclaims any and all liability towards the Licensee
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
410 arising out of any or all proceedings for infringement that may be
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
411 instituted in respect of the use, modification and redistribution of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
412 Software. Nevertheless, should such proceedings be instituted against
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
413 the Licensee, the Licensor shall provide it with technical and legal
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
414 assistance for its defense. Such technical and legal assistance shall be
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
415 decided on a case-by-case basis between the relevant Licensor and the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
416 Licensee pursuant to a memorandum of understanding. The Licensor
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
417 disclaims any and all liability as regards the Licensee's use of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
418 name of the Software. No warranty is given as regards the existence of
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
419 prior rights over the name of the Software or as regards the existence
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
420 of a trademark.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
421
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
422
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
423 Article 10 - TERMINATION
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
424
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
425 10.1 In the event of a breach by the Licensee of its obligations
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
426 hereunder, the Licensor may automatically terminate this Agreement
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
427 thirty (30) days after notice has been sent to the Licensee and has
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
428 remained ineffective.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
429
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
430 10.2 A Licensee whose Agreement is terminated shall no longer be
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
431 authorized to use, modify or distribute the Software. However, any
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
432 licenses that it may have granted prior to termination of the Agreement
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
433 shall remain valid subject to their having been granted in compliance
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
434 with the terms and conditions hereof.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
435
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
436
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
437 Article 11 - MISCELLANEOUS
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
438
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
439
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
440 11.1 EXCUSABLE EVENTS
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
441
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
442 Neither Party shall be liable for any or all delay, or failure to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
443 perform the Agreement, that may be attributable to an event of force
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
444 majeure, an act of God or an outside cause, such as defective
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
445 functioning or interruptions of the electricity or telecommunications
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
446 networks, network paralysis following a virus attack, intervention by
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
447 government authorities, natural disasters, water damage, earthquakes,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
448 fire, explosions, strikes and labor unrest, war, etc.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
449
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
450 11.2 Any failure by either Party, on one or more occasions, to invoke
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
451 one or more of the provisions hereof, shall under no circumstances be
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
452 interpreted as being a waiver by the interested Party of its right to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
453 invoke said provision(s) subsequently.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
454
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
455 11.3 The Agreement cancels and replaces any or all previous agreements,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
456 whether written or oral, between the Parties and having the same
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
457 purpose, and constitutes the entirety of the agreement between said
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
458 Parties concerning said purpose. No supplement or modification to the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
459 terms and conditions hereof shall be effective as between the Parties
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
460 unless it is made in writing and signed by their duly authorized
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
461 representatives.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
462
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
463 11.4 In the event that one or more of the provisions hereof were to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
464 conflict with a current or future applicable act or legislative text,
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
465 said act or legislative text shall prevail, and the Parties shall make
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
466 the necessary amendments so as to comply with said act or legislative
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
467 text. All other provisions shall remain effective. Similarly, invalidity
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
468 of a provision of the Agreement, for any reason whatsoever, shall not
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
469 cause the Agreement as a whole to be invalid.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
470
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
471
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
472 11.5 LANGUAGE
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
473
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
474 The Agreement is drafted in both French and English and both versions
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
475 are deemed authentic.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
476
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
477
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
478 Article 12 - NEW VERSIONS OF THE AGREEMENT
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
479
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
480 12.1 Any person is authorized to duplicate and distribute copies of this
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
481 Agreement.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
482
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
483 12.2 So as to ensure coherence, the wording of this Agreement is
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
484 protected and may only be modified by the authors of the License, who
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
485 reserve the right to periodically publish updates or new versions of the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
486 Agreement, each with a separate number. These subsequent versions may
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
487 address new issues encountered by Free Software.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
488
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
489 12.3 Any Software distributed under a given version of the Agreement may
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
490 only be subsequently distributed under the same version of the Agreement
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
491 or a subsequent version, subject to the provisions of Article 5.3.4.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
492
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
493
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
494 Article 13 - GOVERNING LAW AND JURISDICTION
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
495
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
496 13.1 The Agreement is governed by French law. The Parties agree to
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
497 endeavor to seek an amicable solution to any disagreements or disputes
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
498 that may arise during the performance of the Agreement.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
499
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
500 13.2 Failing an amicable solution within two (2) months as from their
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
501 occurrence, and unless emergency proceedings are necessary, the
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
502 disagreements or disputes shall be referred to the Paris Courts having
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
503 jurisdiction, by the more diligent Party.
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
504
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
505
44d5973c188c Uploaded
m-zytnicki
parents:
diff changeset
506 Version 2.0 dated 2006-09-05.