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7 This Agreement is a Free Software license agreement that is the result
9 the two main principles guiding its drafting:
11 * firstly, compliance with the principles governing the distribution
14 * secondly, the election of a governing law, French law, with which
15 it is conformant, both as regards the law of torts and
16 intellectual property law, and the protection that it offers to
17 both authors and holders of the economic rights over software.
19 The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
39 significant freedom to modify and redistribute the software licensed
42 The exercising of this freedom is conditional upon a strong obligation
44 incorporating a software ruled by the current license so as all
47 In consideration of access to the source code and the rights to copy,
48 modify and redistribute granted by the license, users are provided only
49 with a limited warranty and the software's author, the holder of the
50 economic rights, and the successive licensors only have limited liability.
52 In this respect, the risks associated with loading, using, modifying
53 and/or developing or reproducing the software by the user are brought to
54 the user's attention, given its Free Software status, which may make it
55 complicated to use, with the result that its use is reserved for
57 knowledge. Users are therefore encouraged to load and test the
58 suitability of the software as regards their requirements in conditions
59 enabling the security of their systems and/or data to be ensured and,
60 more generally, to use and operate it in the same conditions of
65 This Agreement may apply to any or all software for which the holder of
66 the economic rights decides to submit the use thereof to its provisions.
71 For the purpose of this Agreement, when the following expressions
72 commence with a capital letter, they shall have the following meaning:
77 Software: means the software in its Object Code and/or Source Code form
78 and, where applicable, its documentation, "as is" when the Licensee
79 accepts the Agreement.
81 Initial Software: means the Software in its Source Code and possibly its
83 it is first distributed under the terms and conditions of the Agreement.
85 Modified Software: means the Software modified by at least one
88 Source Code: means all the Software's instructions and program lines to
89 which access is required so as to modify the Software.
91 Object Code: means the binary files originating from the compilation of
92 the Source Code.
94 Holder: means the holder(s) of the economic rights over the Initial
97 Licensee: means the Software user(s) having accepted the Agreement.
101 Licensor: means the Holder, or any other individual or legal entity, who
102 distributes the Software under the Agreement.
105 adaptations and/or new functions integrated into the Software by any or
110 by the Software.
112 External Module: means any or all Modules, not derived from the
113 Software, so that this Module and the Software run in separate address
114 spaces, with one calling the other when they are run.
116 Internal Module: means any or all Module, connected to the Software so
117 that they both execute in the same address space.
119 Parties: mean both the Licensee and the Licensor.
126 The purpose of the Agreement is the grant by the Licensor to the
127 Licensee of a non-exclusive, transferable and worldwide license for the
128 Software as set forth in Article 5 hereinafter for the whole term of the
129 protection granted by the rights over said Software.
134 3.1 The Licensee shall be deemed as having accepted the terms and
135 conditions of this Agreement upon the occurrence of the first of the
138 * (i) loading the Software by any or all means, notably, by
141 * (ii) the first time the Licensee exercises any of the rights
144 3.2 One copy of the Agreement, containing a notice relating to the
145 characteristics of the Software, to the limited warranty, and to the
147 to the Licensee prior to its acceptance as set forth in Article 3.1
148 hereinabove, and the Licensee hereby acknowledges that it has read and
157 The Agreement shall become effective on the date when it is accepted by
158 the Licensee as set forth in Article 3.1.
163 The Agreement shall remain in force for the entire legal term of
164 protection of the economic rights over the Software.
169 The Licensor hereby grants to the Licensee, who accepts, the following
170 rights over the Software for any or all use, and for the term of the
171 Agreement, on the basis of the terms and conditions set forth hereinafter.
173 Besides, if the Licensor owns or comes to own one or more patents
174 protecting all or part of the functions of the Software or of its
175 components, the Licensor undertakes not to enforce the rights granted by
177 modifying the Software. If these patents are transferred, the Licensor
178 undertakes to have the transferees subscribe to the obligations set
184 The Licensee is authorized to use the Software, without any limitation
188 1. permanent or temporary reproduction of all or part of the Software
191 2. loading, displaying, running, or storing the Software on any or
195 determine the ideas and principles behind any or all constituent
196 elements of said Software. This shall apply when the Licensee
198 or storage operation as regards the Software, that it is entitled
204 The right to make Contributions includes the right to translate, adapt,
205 arrange, or make any or all modifications to the Software, and the right
206 to reproduce the resulting software.
208 The Licensee is authorized to make any or all Contributions to the
209 Software provided that it includes an explicit notice that it is the
210 author of said Contribution and indicates the date of the creation thereof.
215 In particular, the right of distribution includes the right to publish,
216 transmit and communicate the Software to the general public on any or
217 all medium, and by any or all means, and the right to market, either in
218 consideration of a fee, or free of charge, one or more copies of the
221 The Licensee is further authorized to distribute copies of the modified
222 or unmodified Software to third parties according to the terms and
228 The Licensee is authorized to distribute true copies of the Software in
230 complies with all the provisions of the Agreement and is accompanied by:
232 1. a copy of the Agreement,
234 2. a notice relating to the limitation of both the Licensor's
237 and that, in the event that only the Object Code of the Software is
238 redistributed, the Licensee allows effective access to the full Source
239 Code of the Software at a minimum during the entire period of its
240 distribution of the Software, it being understood that the additional
241 cost of acquiring the Source Code shall not exceed the cost of
242 transferring the data.
247 If the Licensee makes any Contribution to the Software, the resulting
249 than this Agreement subject to compliance with the provisions of Article
255 When the Licensee has developed an External Module, the terms and
265 1. indicate in the related documentation that it is based on the
266 Software licensed hereunder, and reproduce the intellectual
267 property notice for the Software,
269 2. ensure that written indications of the Software intended use,
271 easily accessible format from the Modified Software interface,
273 3. mention, on a freely accessible website describing the Modified
274 Software, at least throughout the distribution term thereof, that
275 it is based on the Software licensed hereunder, and reproduce the
281 agrees to comply with the obligations set forth in this Article .
283 If the Software, whether or not modified, is distributed with an
284 External Module designed for use in connection with the Software, the
285 Licensee shall submit said External Module to the foregoing obligations.
288 5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES
290 Where a Modified Software contains a Contribution subject to the CeCILL
291 license, the provisions set forth in Article 5.3.4 shall be optional.
293 A Modified Software may be distributed under the CeCILL-C license. In
294 such a case the provisions set forth in Article 5.3.4 shall be optional.
300 6.1 OVER THE INITIAL SOFTWARE
302 The Holder owns the economic rights over the Initial Software. Any or
303 all use of the Initial Software is subject to compliance with the terms
304 and conditions under which the Holder has elected to distribute its work
305 and no one shall be entitled to modify the terms and conditions for the
308 The Holder undertakes that the Initial Software will remain ruled at
309 least by this Agreement, for the duration set forth in Article 4.2.
312 6.2 OVER THE CONTRIBUTIONS
314 The Licensee who develops a Contribution is the owner of the
319 6.3 OVER THE EXTERNAL MODULES
321 The Licensee who develops an External Module is the owner of the
323 applicable law and is free to choose the type of agreement that shall
329 The Licensee expressly undertakes:
331 1. not to remove, or modify, in any manner, the intellectual property
332 notices attached to the Software;
334 2. to reproduce said notices, in an identical manner, in the copies
335 of the Software modified or not.
337 The Licensee undertakes not to directly or indirectly infringe the
338 intellectual property rights of the Holder and/or Contributors on the
341 of the Holder and/or Contributors.
346 7.1 Under no circumstances shall the Agreement oblige the Licensor to
347 provide technical assistance or maintenance services for the Software.
349 However, the Licensor is entitled to offer this type of services. The
351 maintenance, shall be set forth in a separate instrument. Only the
357 itself, for the redistribution of the Software and/or the Modified
359 warranty, and the financial terms and conditions of its application,
360 shall be subject of a separate instrument executed between the Licensor
361 and the Licensee.
366 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
368 from the Software as a result of a fault on the part of the relevant
371 8.2 The Licensor's liability is limited to the commitments made under
373 (i) loss due the Licensee's total or partial failure to fulfill its
374 obligations, (ii) direct or consequential loss that is suffered by the
375 Licensee due to the use or performance of the Software, and (iii) more
376 generally, any consequential loss. In particular the Parties expressly
380 legal proceedings instituted against the Licensee by a third party,
382 any or all compensation from the Licensor.
387 9.1 The Licensee acknowledges that the scientific and technical
388 state-of-the-art when the Software was distributed did not enable all
389 possible uses to be tested and verified, nor for the presence of
390 possible defects to be detected. In this respect, the Licensee's
391 attention has been drawn to the risks associated with loading, using,
392 modifying and/or developing and reproducing the Software which are
395 The Licensee shall be responsible for verifying, by any or all means,
396 the suitability of the product for its requirements, its good working
400 9.2 The Licensor hereby represents, in good faith, that it is entitled
401 to grant all the rights over the Software (including in particular the
404 9.3 The Licensee acknowledges that the Software is supplied "as is" by
405 the Licensor without any other express or tacit warranty, other than
410 Specifically, the Licensor does not warrant that the Software is free
412 be compatible with the Licensee's own equipment and software
413 configuration, nor that it will meet the Licensee's requirements.
415 9.4 The Licensor does not either expressly or tacitly warrant that the
418 the Licensor disclaims any and all liability towards the Licensee
420 instituted in respect of the use, modification and redistribution of the
422 the Licensee, the Licensor shall provide it with technical and legal
424 decided on a case-by-case basis between the relevant Licensor and the
425 Licensee pursuant to a memorandum of understanding. The Licensor
426 disclaims any and all liability as regards the Licensee's use of the
427 name of the Software. No warranty is given as regards the existence of
428 prior rights over the name of the Software or as regards the existence
434 10.1 In the event of a breach by the Licensee of its obligations
435 hereunder, the Licensor may automatically terminate this Agreement
436 thirty (30) days after notice has been sent to the Licensee and has
440 authorized to use, modify or distribute the Software. However, any
441 licenses that it may have granted prior to termination of the Agreement
443 with the terms and conditions hereof.
452 perform the Agreement, that may be attributable to an event of force
454 functioning or interruptions of the electricity or telecommunications
460 one or more of the provisions hereof, shall under no circumstances be
461 interpreted as being a waiver by the interested Party of its right to
464 11.3 The Agreement cancels and replaces any or all previous agreements,
465 whether written or oral, between the Parties and having the same
466 purpose, and constitutes the entirety of the agreement between said
467 Parties concerning said purpose. No supplement or modification to the
468 terms and conditions hereof shall be effective as between the Parties
472 11.4 In the event that one or more of the provisions hereof were to
474 said act or legislative text shall prevail, and the Parties shall make
475 the necessary amendments so as to comply with said act or legislative
477 of a provision of the Agreement, for any reason whatsoever, shall not
478 cause the Agreement as a whole to be invalid.
483 The Agreement is drafted in both French and English and both versions
487 Article 12 - NEW VERSIONS OF THE AGREEMENT
492 12.2 So as to ensure coherence, the wording of this Agreement is
493 protected and may only be modified by the authors of the License, who
494 reserve the right to periodically publish updates or new versions of the
498 12.3 Any Software distributed under a given version of the Agreement may
499 only be subsequently distributed under the same version of the Agreement
505 13.1 The Agreement is governed by French law. The Parties agree to
507 that may arise during the performance of the Agreement.
510 occurrence, and unless emergency proceedings are necessary, the
511 disagreements or disputes shall be referred to the Paris Courts having
512 jurisdiction, by the more diligent Party.