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fr:licence [2021/02/22 14:17]
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fr:licence [2021/02/22 14:19] (current)
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 ====== Licence ====== ====== Licence ======
-CeCILL FREE SOFTWARE LICENSE AGREEMENT +CeCILL 2.1
- +
-Version 2.1 dated 2013-06-21 +
- +
- +
-    Notice +
- +
-This Agreement is a Free Software license agreement that is the result +
-of discussions between its authors in order to ensure compliance with +
-the two main principles guiding its drafting: +
- +
-  * firstly, compliance with the principles governing the distribution +
-    of Free Software: access to source code, broad rights granted to users, +
-  * secondly, the election of a governing law, French law, with which it +
-    is conformant, both as regards the law of torts and intellectual +
-    property law, and the protection that it offers to both authors and +
-    holders of the economic rights over software. +
- +
-The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])  +
-license are:  +
- +
-Commissariat � l'�nergie atomique et aux �nergies alternatives - CEA, a +
-public scientific, technical and industrial research establishment, +
-having its principal place of business at 25 rue Leblanc, immeuble Le +
-Ponant D, 75015 Paris, France. +
- +
-Centre National de la Recherche Scientifique - CNRS, a public scientific +
-and technological establishment, having its principal place of business +
-at 3 rue Michel-Ange, 75794 Paris cedex 16, France. +
- +
-Institut National de Recherche en Informatique et en Automatique - +
-Inria, a public scientific and technological establishment, having its +
-principal place of business at Domaine de Voluceau, Rocquencourt, BP +
-105, 78153 Le Chesnay cedex, France. +
- +
- +
-    Preamble +
- +
-The purpose of this Free Software license agreement is to grant users +
-the right to modify and redistribute the software governed by this +
-license within the framework of an open source distribution model. +
- +
-The exercising of this right is conditional upon certain obligations for +
-users so as to preserve this status for all subsequent redistributions. +
- +
-In consideration of access to the source code and the rights to copy, +
-modify and redistribute granted by the license, users are provided only +
-with a limited warranty and the software's author, the holder of the +
-economic rights, and the successive licensors only have limited liability. +
- +
-In this respect, the risks associated with loading, using, modifying +
-and/or developing or reproducing the software by the user are brought to +
-the user's attention, given its Free Software status, which may make it +
-complicated to use, with the result that its use is reserved for +
-developers and experienced professionals having in-depth computer +
-knowledge. Users are therefore encouraged to load and test the +
-suitability of the software as regards their requirements in conditions +
-enabling the security of their systems and/or data to be ensured and, +
-more generally, to use and operate it in the same conditions of +
-security. This Agreement may be freely reproduced and published, +
-provided it is not altered, and that no provisions are either added or +
-removed herefrom. +
- +
-This Agreement may apply to any or all software for which the holder of +
-the economic rights decides to submit the use thereof to its provisions. +
- +
-Frequently asked questions can be found on the official website of the +
-CeCILL licenses family (http://www.cecill.info/index.en.html) for any  +
-necessary clarification. +
- +
- +
-    Article 1 - DEFINITIONS +
- +
-For the purpose of this Agreement, when the following expressions +
-commence with a capital letter, they shall have the following meaning: +
- +
-Agreement: means this license agreement, and its possible subsequent +
-versions and annexes. +
- +
-Software: means the software in its Object Code and/or Source Code form +
-and, where applicable, its documentation, "as is" when the Licensee +
-accepts the Agreement. +
- +
-Initial Software: means the Software in its Source Code and possibly its +
-Object Code form and, where applicable, its documentation, "as is" when +
-it is first distributed under the terms and conditions of the Agreement. +
- +
-Modified Software: means the Software modified by at least one +
-Contribution. +
- +
-Source Code: means all the Software's instructions and program lines to +
-which access is required so as to modify the Software. +
- +
-Object Code: means the binary files originating from the compilation of +
-the Source Code. +
- +
-Holder: means the holder(s) of the economic rights over the Initial +
-Software. +
- +
-Licensee: means the Software user(s) having accepted the Agreement. +
- +
-Contributor: means a Licensee having made at least one Contribution. +
- +
-Licensor: means the Holder, or any other individual or legal entity, who +
-distributes the Software under the Agreement. +
- +
-Contribution: means any or all modifications, corrections, translations, +
-adaptations and/or new functions integrated into the Software by any or +
-all Contributors, as well as any or all Internal Modules. +
- +
-Module: means a set of sources files including their documentation that +
-enables supplementary functions or services in addition to those offered +
-by the Software. +
- +
-External Module: means any or all Modules, not derived from the +
-Software, so that this Module and the Software run in separate address +
-spaces, with one calling the other when they are run. +
- +
-Internal Module: means any or all Module, connected to the Software so +
-that they both execute in the same address space. +
- +
-GNU GPL: means the GNU General Public License version 2 or any +
-subsequent version, as published by the Free Software Foundation Inc. +
- +
-GNU Affero GPL: means the GNU Affero General Public License version 3 or +
-any subsequent version, as published by the Free Software Foundation Inc. +
- +
-EUPL: means the European Union Public License version 1.1 or any +
-subsequent version, as published by the European Commission. +
- +
-Parties: mean both the Licensee and the Licensor. +
- +
-These expressions may be used both in singular and plural form. +
- +
- +
-    Article 2 - PURPOSE +
- +
-The purpose of the Agreement is the grant by the Licensor to the +
-Licensee of a non-exclusive, transferable and worldwide license for the +
-Software as set forth in Article 5 <#scope> hereinafter for the whole +
-term of the protection granted by the rights over said Software. +
- +
- +
-    Article 3 - ACCEPTANCE +
- +
-3.1 The Licensee shall be deemed as having accepted the terms and +
-conditions of this Agreement upon the occurrence of the first of the +
-following events: +
- +
-  * (i) loading the Software by any or all means, notably, by +
-    downloading from a remote server, or by loading from a physical medium; +
-  * (ii) the first time the Licensee exercises any of the rights granted +
-    hereunder. +
- +
-3.2 One copy of the Agreement, containing a notice relating to the +
-characteristics of the Software, to the limited warranty, and to the +
-fact that its use is restricted to experienced users has been provided +
-to the Licensee prior to its acceptance as set forth in Article 3.1 +
-<#accepting> hereinabove, and the Licensee hereby acknowledges that it +
-has read and understood it. +
- +
- +
-    Article 4 - EFFECTIVE DATE AND TERM +
- +
- +
-      4.1 EFFECTIVE DATE +
- +
-The Agreement shall become effective on the date when it is accepted by +
-the Licensee as set forth in Article 3.1 <#accepting>+
- +
- +
-      4.2 TERM +
- +
-The Agreement shall remain in force for the entire legal term of +
-protection of the economic rights over the Software. +
- +
- +
-    Article 5 - SCOPE OF RIGHTS GRANTED +
- +
-The Licensor hereby grants to the Licensee, who accepts, the following +
-rights over the Software for any or all use, and for the term of the +
-Agreement, on the basis of the terms and conditions set forth hereinafter. +
- +
-Besides, if the Licensor owns or comes to own one or more patents +
-protecting all or part of the functions of the Software or of its +
-components, the Licensor undertakes not to enforce the rights granted by +
-these patents against successive Licensees using, exploiting or +
-modifying the Software. If these patents are transferred, the Licensor +
-undertakes to have the transferees subscribe to the obligations set +
-forth in this paragraph. +
- +
- +
-      5.1 RIGHT OF USE +
- +
-The Licensee is authorized to use the Software, without any limitation +
-as to its fields of application, with it being hereinafter specified +
-that this comprises: +
- +
- 1. permanent or temporary reproduction of all or part of the Software +
-    by any or all means and in any or all form. +
- +
- 2. loading, displaying, running, or storing the Software on any or all +
-    medium. +
- +
- 3. entitlement to observe, study or test its operation so as to +
-    determine the ideas and principles behind any or all constituent +
-    elements of said Software. This shall apply when the Licensee +
-    carries out any or all loading, displaying, running, transmission or +
-    storage operation as regards the Software, that it is entitled to +
-    carry out hereunder. +
- +
- +
-      5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS +
- +
-The right to make Contributions includes the right to translate, adapt, +
-arrange, or make any or all modifications to the Software, and the right +
-to reproduce the resulting software. +
- +
-The Licensee is authorized to make any or all Contributions to the +
-Software provided that it includes an explicit notice that it is the +
-author of said Contribution and indicates the date of the creation thereof. +
- +
- +
-      5.3 RIGHT OF DISTRIBUTION +
- +
-In particular, the right of distribution includes the right to publish, +
-transmit and communicate the Software to the general public on any or +
-all medium, and by any or all means, and the right to market, either in +
-consideration of a fee, or free of charge, one or more copies of the +
-Software by any means. +
- +
-The Licensee is further authorized to distribute copies of the modified +
-or unmodified Software to third parties according to the terms and +
-conditions set forth hereinafter. +
- +
- +
-        5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION +
- +
-The Licensee is authorized to distribute true copies of the Software in +
-Source Code or Object Code form, provided that said distribution +
-complies with all the provisions of the Agreement and is accompanied by: +
- +
- 1. a copy of the Agreement, +
- +
- 2. a notice relating to the limitation of both the Licensor's warranty +
-    and liability as set forth in Articles 8 and 9, +
- +
-and that, in the event that only the Object Code of the Software is +
-redistributed, the Licensee allows effective access to the full Source +
-Code of the Software for a period of at least three years from the +
-distribution of the Software, it being understood that the additional +
-acquisition cost of the Source Code shall not exceed the cost of the +
-data transfer. +
- +
- +
-        5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE +
- +
-When the Licensee makes a Contribution to the Software, the terms and +
-conditions for the distribution of the resulting Modified Software +
-become subject to all the provisions of this Agreement. +
- +
-The Licensee is authorized to distribute the Modified Software, in +
-source code or object code form, provided that said distribution +
-complies with all the provisions of the Agreement and is accompanied by: +
- +
- 1. a copy of the Agreement, +
- +
- 2. a notice relating to the limitation of both the Licensor's warranty +
-    and liability as set forth in Articles 8 and 9, +
- +
-and, in the event that only the object code of the Modified Software is +
-redistributed, +
- +
- 3. a note stating the conditions of effective access to the full source +
-    code of the Modified Software for a period of at least three years +
-    from the distribution of the Modified Software, it being understood +
-    that the additional acquisition cost of the source code shall not +
-    exceed the cost of the data transfer. +
- +
- +
-        5.3.3 DISTRIBUTION OF EXTERNAL MODULES +
- +
-When the Licensee has developed an External Module, the terms and +
-conditions of this Agreement do not apply to said External Module, that +
-may be distributed under a separate license agreement. +
- +
- +
-        5.3.4 COMPATIBILITY WITH OTHER LICENSES +
- +
-The Licensee can include a code that is subject to the provisions of one +
-of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the +
-Modified or unmodified Software, and distribute that entire code under +
-the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL. +
- +
-The Licensee can include the Modified or unmodified Software in a code +
-that is subject to the provisions of one of the versions of the GNU GPL, +
-GNU Affero GPL and/or EUPL and distribute that entire code under the +
-terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL. +
- +
- +
-    Article 6 - INTELLECTUAL PROPERTY +
- +
- +
-      6.1 OVER THE INITIAL SOFTWARE +
- +
-The Holder owns the economic rights over the Initial Software. Any or +
-all use of the Initial Software is subject to compliance with the terms +
-and conditions under which the Holder has elected to distribute its work +
-and no one shall be entitled to modify the terms and conditions for the +
-distribution of said Initial Software. +
- +
-The Holder undertakes that the Initial Software will remain ruled at +
-least by this Agreement, for the duration set forth in Article 4.2 <#term>+
- +
- +
-      6.2 OVER THE CONTRIBUTIONS +
- +
-The Licensee who develops a Contribution is the owner of the +
-intellectual property rights over this Contribution as defined by +
-applicable law. +
- +
- +
-      6.3 OVER THE EXTERNAL MODULES +
- +
-The Licensee who develops an External Module is the owner of the +
-intellectual property rights over this External Module as defined by +
-applicable law and is free to choose the type of agreement that shall +
-govern its distribution. +
- +
- +
-      6.4 JOINT PROVISIONS +
- +
-The Licensee expressly undertakes: +
- +
- 1. not to remove, or modify, in any manner, the intellectual property +
-    notices attached to the Software; +
- +
- 2. to reproduce said notices, in an identical manner, in the copies of +
-    the Software modified or not. +
- +
-The Licensee undertakes not to directly or indirectly infringe the +
-intellectual property rights on the Software of the Holder and/or +
-Contributors, and to take, where applicable, vis-�-vis its staff, any +
-and all measures required to ensure respect of said intellectual +
-property rights of the Holder and/or Contributors. +
- +
- +
-    Article 7 - RELATED SERVICES +
- +
-7.1 Under no circumstances shall the Agreement oblige the Licensor to +
-provide technical assistance or maintenance services for the Software. +
- +
-However, the Licensor is entitled to offer this type of services. The +
-terms and conditions of such technical assistance, and/or such +
-maintenance, shall be set forth in a separate instrument. Only the +
-Licensor offering said maintenance and/or technical assistance services +
-shall incur liability therefor. +
- +
-7.2 Similarly, any Licensor is entitled to offer to its licensees, under +
-its sole responsibility, a warranty, that shall only be binding upon +
-itself, for the redistribution of the Software and/or the Modified +
-Software, under terms and conditions that it is free to decide. Said +
-warranty, and the financial terms and conditions of its application, +
-shall be subject of a separate instrument executed between the Licensor +
-and the Licensee. +
- +
- +
-    Article 8 - LIABILITY +
- +
-8.1 Subject to the provisions of Article 8.2, the Licensee shall be +
-entitled to claim compensation for any direct loss it may have suffered +
-from the Software as a result of a fault on the part of the relevant +
-Licensor, subject to providing evidence thereof. +
- +
-8.2 The Licensor's liability is limited to the commitments made under +
-this Agreement and shall not be incurred as a result of in particular: +
-(i) loss due the Licensee's total or partial failure to fulfill its +
-obligations, (ii) direct or consequential loss that is suffered by the +
-Licensee due to the use or performance of the Software, and (iii) more +
-generally, any consequential loss. In particular the Parties expressly +
-agree that any or all pecuniary or business loss (i.e. loss of data, +
-loss of profits, operating loss, loss of customers or orders, +
-opportunity cost, any disturbance to business activities) or any or all +
-legal proceedings instituted against the Licensee by a third party, +
-shall constitute consequential loss and shall not provide entitlement to +
-any or all compensation from the Licensor. +
- +
- +
-    Article 9 - WARRANTY +
- +
-9.1 The Licensee acknowledges that the scientific and technical +
-state-of-the-art when the Software was distributed did not enable all +
-possible uses to be tested and verified, nor for the presence of +
-possible defects to be detected. In this respect, the Licensee'+
-attention has been drawn to the risks associated with loading, using, +
-modifying and/or developing and reproducing the Software which are +
-reserved for experienced users. +
- +
-The Licensee shall be responsible for verifying, by any or all means, +
-the suitability of the product for its requirements, its good working +
-order, and for ensuring that it shall not cause damage to either persons +
-or properties. +
- +
-9.2 The Licensor hereby represents, in good faith, that it is entitled +
-to grant all the rights over the Software (including in particular the +
-rights set forth in Article 5 <#scope>). +
- +
-9.3 The Licensee acknowledges that the Software is supplied "as is" by +
-the Licensor without any other express or tacit warranty, other than +
-that provided for in Article 9.2 <#good-faith> and, in particular, +
-without any warranty as to its commercial value, its secured, safe, +
-innovative or relevant nature. +
- +
-Specifically, the Licensor does not warrant that the Software is free +
-from any error, that it will operate without interruption, that it will +
-be compatible with the Licensee's own equipment and software +
-configuration, nor that it will meet the Licensee's requirements. +
- +
-9.4 The Licensor does not either expressly or tacitly warrant that the +
-Software does not infringe any third party intellectual property right +
-relating to a patent, software or any other property right. Therefore, +
-the Licensor disclaims any and all liability towards the Licensee +
-arising out of any or all proceedings for infringement that may be +
-instituted in respect of the use, modification and redistribution of the +
-Software. Nevertheless, should such proceedings be instituted against +
-the Licensee, the Licensor shall provide it with technical and legal +
-expertise for its defense. Such technical and legal expertise shall be +
-decided on a case-by-case basis between the relevant Licensor and the +
-Licensee pursuant to a memorandum of understanding. The Licensor +
-disclaims any and all liability as regards the Licensee's use of the +
-name of the Software. No warranty is given as regards the existence of +
-prior rights over the name of the Software or as regards the existence +
-of a trademark. +
- +
- +
-    Article 10 - TERMINATION +
- +
-10.1 In the event of a breach by the Licensee of its obligations +
-hereunder, the Licensor may automatically terminate this Agreement +
-thirty (30) days after notice has been sent to the Licensee and has +
-remained ineffective. +
- +
-10.2 A Licensee whose Agreement is terminated shall no longer be +
-authorized to use, modify or distribute the Software. However, any +
-licenses that it may have granted prior to termination of the Agreement +
-shall remain valid subject to their having been granted in compliance +
-with the terms and conditions hereof. +
- +
- +
-    Article 11 - MISCELLANEOUS +
- +
- +
-      11.1 EXCUSABLE EVENTS +
- +
-Neither Party shall be liable for any or all delay, or failure to +
-perform the Agreement, that may be attributable to an event of force +
-majeure, an act of God or an outside cause, such as defective +
-functioning or interruptions of the electricity or telecommunications +
-networks, network paralysis following a virus attack, intervention by +
-government authorities, natural disasters, water damage, earthquakes, +
-fire, explosions, strikes and labor unrest, war, etc. +
- +
-11.2 Any failure by either Party, on one or more occasions, to invoke +
-one or more of the provisions hereof, shall under no circumstances be +
-interpreted as being a waiver by the interested Party of its right to +
-invoke said provision(s) subsequently. +
- +
-11.3 The Agreement cancels and replaces any or all previous agreements, +
-whether written or oral, between the Parties and having the same +
-purpose, and constitutes the entirety of the agreement between said +
-Parties concerning said purpose. No supplement or modification to the +
-terms and conditions hereof shall be effective as between the Parties +
-unless it is made in writing and signed by their duly authorized +
-representatives. +
- +
-11.4 In the event that one or more of the provisions hereof were to +
-conflict with a current or future applicable act or legislative text, +
-said act or legislative text shall prevail, and the Parties shall make +
-the necessary amendments so as to comply with said act or legislative +
-text. All other provisions shall remain effective. Similarly, invalidity +
-of a provision of the Agreement, for any reason whatsoever, shall not +
-cause the Agreement as a whole to be invalid. +
- +
- +
-      11.5 LANGUAGE +
- +
-The Agreement is drafted in both French and English and both versions +
-are deemed authentic. +
- +
- +
-    Article 12 - NEW VERSIONS OF THE AGREEMENT +
- +
-12.1 Any person is authorized to duplicate and distribute copies of this +
-Agreement. +
- +
-12.2 So as to ensure coherence, the wording of this Agreement is +
-protected and may only be modified by the authors of the License, who +
-reserve the right to periodically publish updates or new versions of the +
-Agreement, each with a separate number. These subsequent versions may +
-address new issues encountered by Free Software. +
- +
-12.3 Any Software distributed under a given version of the Agreement may +
-only be subsequently distributed under the same version of the Agreement +
-or a subsequent version, subject to the provisions of Article 5.3.4 +
-<#compatibility>+
- +
- +
-    Article 13 - GOVERNING LAW AND JURISDICTION +
- +
-13.1 The Agreement is governed by French law. The Parties agree to +
-endeavor to seek an amicable solution to any disagreements or disputes +
-that may arise during the performance of the Agreement. +
- +
-13.2 Failing an amicable solution within two (2) months as from their +
-occurrence, and unless emergency proceedings are necessary, the +
-disagreements or disputes shall be referred to the Paris Courts having +
-jurisdiction, by the more diligent Party. +
  
 +https://cecill.info/licences/Licence_CeCILL_V2.1-fr.html
  • fr/licence.1613999854.txt.gz
  • Last modified: 2021/02/22 14:17
  • by qroyer