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| — | cecill [2017/12/01 10:57] (current) – created - external edit 127.0.0.1 | ||
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| + | ====== ze-filter license ====== | ||
| + | |||
| + | * [[http:// | ||
| + | * [[http:// | ||
| + | * [[http:// | ||
| + | |||
| + | |||
| + | < | ||
| + | < | ||
| + | <meta http-equiv=" | ||
| + | < | ||
| + | <style type=" | ||
| + | | ||
| + | h2 {color: #008080; font-size: 150%} | ||
| + | h3 {color: #008080; font-size: 140%} | ||
| + | h4 {color: #008080; font-size: 120%} | ||
| + | h5 {color: #008080; font-size: 100%} | ||
| + | | ||
| + | | ||
| + | | ||
| + | | ||
| + | ins {text-decoration: | ||
| + | | ||
| + | del {text-decoration: | ||
| + | | ||
| + | </ | ||
| + | </ | ||
| + | < | ||
| + | |||
| + | <h1 class=" | ||
| + | |||
| + | |||
| + | |||
| + | <div class=" | ||
| + | |||
| + | < | ||
| + | <p> | ||
| + | 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:</ | ||
| + | |||
| + | <ul> | ||
| + | <li> firstly, | ||
| + | compliance with the principles governing the distribution of Free Software: | ||
| + | access to source code, broad rights granted to users, | ||
| + | </li> | ||
| + | <li> | ||
| + | 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. | ||
| + | </li> | ||
| + | </ul> | ||
| + | |||
| + | < | ||
| + | authors of the | ||
| + | CeCILL< | ||
| + | |||
| + | |||
| + | license are:</ | ||
| + | |||
| + | < | ||
| + | à l' | ||
| + | scientific, technical and industrial research establishment, | ||
| + | principal place of business at 25 rue Leblanc, immeuble Le Ponant D, 75015 | ||
| + | Paris, France.</ | ||
| + | |||
| + | < | ||
| + | National de la Recherche Scientifique - CNRS, | ||
| + | a public scientific and technological establishment, | ||
| + | principal place of business at | ||
| + | 3 rue Michel-Ange, | ||
| + | |||
| + | < | ||
| + | National de Recherche en Informatique et en Automatique - INRIA, | ||
| + | a public scientific and technological establishment, | ||
| + | principal place of business at Domaine de Voluceau, Rocquencourt, | ||
| + | 105, 78153 Le Chesnay cedex, France.</ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | < | ||
| + | |||
| + | < | ||
| + | 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. | ||
| + | </p> | ||
| + | |||
| + | < | ||
| + | exercising of these rights is conditional upon certain obligations | ||
| + | for users so as to preserve this status | ||
| + | for all subsequent | ||
| + | redistributions.</ | ||
| + | |||
| + | |||
| + | |||
| + | |||
| + | |||
| + | |||
| + | <p>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' | ||
| + | successive licensors only have limited liability. | ||
| + | </p> | ||
| + | |||
| + | <p>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.</ | ||
| + | |||
| + | |||
| + | < | ||
| + | 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.</ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | < | ||
| + | the purpose of this Agreement, | ||
| + | when the following expressions | ||
| + | commence with a capital letter, they shall have the following | ||
| + | meaning:</ | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means this license | ||
| + | agreement, and | ||
| + | its possible subsequent versions and annexes. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means the software in its Object Code and/or Source Code form and, | ||
| + | where applicable, its documentation, | ||
| + | when the Licensee accepts the Agreement. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means the Software in its Source Code and | ||
| + | possibly its Object Code form and, where applicable, its | ||
| + | documentation, | ||
| + | first distributed | ||
| + | under the terms and conditions of the | ||
| + | Agreement. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | | ||
| + | <p class=" | ||
| + | | ||
| + | means the Software modified by at least one Contribution. | ||
| + | | ||
| + | </p> | ||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means all the Software' | ||
| + | access is required so as to modify the Software. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means the binary files originating from the | ||
| + | compilation of the Source Code. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means the holder(s) of the economic rights over the Initial Software. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means | ||
| + | the Software user(s) having accepted the Agreement. | ||
| + | |||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means a Licensee having made at least one | ||
| + | Contribution. | ||
| + | | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means the Holder, or any other individual or legal | ||
| + | entity, who distributes the Software under | ||
| + | the Agreement. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | | ||
| + | <p class=" | ||
| + | | ||
| + | means any or all modifications, | ||
| + | corrections, | ||
| + | functions | ||
| + | integrated into the Software by any or all Contributors, | ||
| + | as well as any or all | ||
| + | Internal Modules. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means a set of sources files including their documentation | ||
| + | that enables | ||
| + | supplementary | ||
| + | functions or services | ||
| + | addition to those offered by the Software. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | 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. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | means any or all | ||
| + | Module, connected to the Software so that they both execute | ||
| + | in the same address space. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | | ||
| + | <p class=" | ||
| + | | ||
| + | means the GNU General Public License version 2 or any subsequent | ||
| + | version, as published by the Free Software Foundation Inc. | ||
| + | | ||
| + | </p> | ||
| + | | ||
| + | |||
| + | <p class=" | ||
| + | | ||
| + | mean both the Licensee and the Licensor. | ||
| + | | ||
| + | </p> | ||
| + | |||
| + | < | ||
| + | expressions may be used both in singular and plural form.</ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | < | ||
| + | purpose of the Agreement is the grant | ||
| + | by the Licensor to the | ||
| + | Licensee of a non-exclusive, | ||
| + | and worldwide license | ||
| + | for the Software as set forth in Article <a href="# | ||
| + | hereinafter for the whole term of the | ||
| + | protection | ||
| + | granted by the rights over said Software. | ||
| + | </p> | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | Licensee shall be deemed as having accepted | ||
| + | the terms and conditions of this Agreement | ||
| + | upon the occurrence of the | ||
| + | first of the following events:</ | ||
| + | <ul> | ||
| + | |||
| + | <li> (i) | ||
| + | loading the Software by any or all means, notably, by downloading | ||
| + | from a remote server, or by loading from a physical medium;</ | ||
| + | <li> (ii) | ||
| + | the first time the Licensee exercises any of the rights granted | ||
| + | hereunder.</ | ||
| + | </ul> | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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 | ||
| + | <a href="# | ||
| + | |||
| + | hereinabove, | ||
| + | has read and understood it.</ | ||
| + | </ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | |||
| + | <div class=" | ||
| + | |||
| + | <h3> | ||
| + | <span class=" | ||
| + | |||
| + | < | ||
| + | Agreement shall become effective on the date when it is accepted by | ||
| + | the Licensee as set forth in Article <a href="# | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | <h3> | ||
| + | |||
| + | <a name=" | ||
| + | |||
| + | < | ||
| + | Agreement shall remain in force | ||
| + | for the entire legal term of | ||
| + | protection of the economic rights over the Software.</ | ||
| + | |||
| + | </ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> | ||
| + | <a name=" | ||
| + | |||
| + | < | ||
| + | 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. | ||
| + | </p> | ||
| + | <p> | ||
| + | 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 | ||
| + | modifying the Software. If these patents are | ||
| + | transferred, | ||
| + | undertakes to have the transferees subscribe to the | ||
| + | obligations set forth in this | ||
| + | paragraph. | ||
| + | </p> | ||
| + | |||
| + | <div class=" | ||
| + | <h3> | ||
| + | <span class=" | ||
| + | |||
| + | < | ||
| + | Licensee is authorized to use the Software, without any limitation as | ||
| + | to its fields | ||
| + | of application, | ||
| + | specified that this comprises: | ||
| + | </p> | ||
| + | <ol> | ||
| + | < | ||
| + | or temporary reproduction of all or part of the Software by any or | ||
| + | all means and in any or all form. | ||
| + | </ | ||
| + | < | ||
| + | displaying, | ||
| + | medium.</ | ||
| + | < | ||
| + | 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.</ | ||
| + | </ | ||
| + | |||
| + | </ | ||
| + | |||
| + | | ||
| + | <div class=" | ||
| + | <h3> | ||
| + | <span class=" | ||
| + | |||
| + | <p> | ||
| + | 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.</ | ||
| + | < | ||
| + | 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.</ | ||
| + | |||
| + | </ | ||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | <div class=" | ||
| + | <h3> | ||
| + | <span class=" | ||
| + | |||
| + | < | ||
| + | particular, | ||
| + | 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.</ | ||
| + | < | ||
| + | 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.</ | ||
| + | |||
| + | <div class=" | ||
| + | <h4> | ||
| + | <span class=" | ||
| + | WITHOUT MODIFICATION</ | ||
| + | |||
| + | < | ||
| + | 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:</ | ||
| + | <ol> | ||
| + | < | ||
| + | copy of the Agreement,</ | ||
| + | |||
| + | < | ||
| + | notice relating to the limitation of both the Licensor' | ||
| + | warranty and liability as set forth in Articles 8 and 9, | ||
| + | </ | ||
| + | </ol> | ||
| + | < | ||
| + | that, in the event that only the Object Code | ||
| + | of the Software is redistributed, | ||
| + | allows future Licensees unhindered access | ||
| + | to the | ||
| + | full Source Code of the Software | ||
| + | by indicating how to access it, | ||
| + | it being | ||
| + | understood that the additional cost of acquiring the Source | ||
| + | Code shall not exceed the cost of transferring the data. | ||
| + | </p> | ||
| + | |||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | <h4> | ||
| + | <span class=" | ||
| + | |||
| + | | ||
| + | < | ||
| + | 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. | ||
| + | </p> | ||
| + | < | ||
| + | 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: | ||
| + | </p> | ||
| + | <ol> | ||
| + | < | ||
| + | copy of the Agreement,</ | ||
| + | < | ||
| + | <p>a | ||
| + | notice relating to the limitation of both the Licensor' | ||
| + | warranty and liability as set forth in Articles 8 and 9,</ | ||
| + | </li> | ||
| + | |||
| + | </ | ||
| + | < | ||
| + | that, in the event that only the | ||
| + | object code of the Modified Software | ||
| + | is redistributed, | ||
| + | unhindered access to the | ||
| + | full source code of the Modified Software | ||
| + | by indicating how to access it, | ||
| + | it being understood that the additional cost of acquiring the source | ||
| + | code shall not exceed the cost of transferring the data. | ||
| + | </p> | ||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | </ | ||
| + | |||
| + | | ||
| + | <div class=" | ||
| + | <h4> | ||
| + | <span class=" | ||
| + | |||
| + | < | ||
| + | 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.</ | ||
| + | |||
| + | </ | ||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | |||
| + | <div class=" | ||
| + | |||
| + | | ||
| + | <h4> | ||
| + | <a name=" | ||
| + | |||
| + | <p> The Licensee can include a code that is subject to the provisions | ||
| + | of one of the versions of the GNU GPL in the Modified or unmodified | ||
| + | Software, and distribute that entire code under the terms of the | ||
| + | same version of the GNU GPL.</ | ||
| + | |||
| + | <p> 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, and distribute that entire code under the terms of | ||
| + | the same version of the GNU GPL. | ||
| + | </p> | ||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | </ | ||
| + | |||
| + | </ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | <div class=" | ||
| + | <h3> | ||
| + | <span class=" | ||
| + | |||
| + | < | ||
| + | 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.</ | ||
| + | < | ||
| + | Holder undertakes that the Initial | ||
| + | Software will remain ruled at least by this Agreement, | ||
| + | for the duration set | ||
| + | forth in Article <a href="# | ||
| + | |||
| + | </ | ||
| + | |||
| + | | ||
| + | <div class=" | ||
| + | <h3> | ||
| + | <span class=" | ||
| + | |||
| + | <p> | ||
| + | The Licensee who develops a Contribution is the owner | ||
| + | of the intellectual property rights over this Contribution | ||
| + | as defined by applicable law.</ | ||
| + | |||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | <h3> | ||
| + | <span class=" | ||
| + | |||
| + | <p> | ||
| + | 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.</ | ||
| + | |||
| + | </ | ||
| + | |||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | <div class=" | ||
| + | | ||
| + | <h3> | ||
| + | <a name=" | ||
| + | | ||
| + | | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | Licensee expressly undertakes:</ | ||
| + | <ol> | ||
| + | < | ||
| + | | ||
| + | |||
| + | <li> | ||
| + | <p>to reproduce said notices, in an identical manner, in the copies of | ||
| + | the Software modified or | ||
| + | not. | ||
| + | </ | ||
| + | </ | ||
| + | | ||
| + | </ | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | Licensee undertakes not to directly or indirectly infringe | ||
| + | the intellectual property rights of the Holder and/or Contributors | ||
| + | on the Software | ||
| + | and to take, where applicable, vis-à-vis its staff, any and | ||
| + | all measures required to ensure respect of | ||
| + | said intellectual | ||
| + | property rights of the Holder and/or Contributors.</ | ||
| + | </ | ||
| + | |||
| + | </ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | <div class=" | ||
| + | |||
| + | < | ||
| + | no circumstances shall the Agreement oblige the Licensor to provide | ||
| + | technical assistance or maintenance services for the Software.</ | ||
| + | |||
| + | < | ||
| + | the Licensor is entitled to offer this type of | ||
| + | services. The terms | ||
| + | and conditions of such technical assistance, and/or such | ||
| + | maintenance, | ||
| + | instrument. Only | ||
| + | the Licensor offering said maintenance and/or technical assistance | ||
| + | services shall incur liability therefor.</ | ||
| + | |||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | |||
| + | < | ||
| + | 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, | ||
| + | of a separate | ||
| + | instrument executed between the Licensor and the Licensee.</ | ||
| + | |||
| + | </ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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. | ||
| + | </p> | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | Licensor' | ||
| + | this Agreement and shall not be incurred as a result of in | ||
| + | particular: | ||
| + | failure to fulfill its obligations, | ||
| + | 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. | ||
| + | </p> | ||
| + | </ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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' | ||
| + | the risks associated with loading, using, modifying and/or | ||
| + | developing and reproducing the Software | ||
| + | which are reserved for | ||
| + | experienced users.</ | ||
| + | < | ||
| + | Licensee shall be responsible for verifying, by any or all means, | ||
| + | the suitability of the product for its requirements, | ||
| + | order, and for ensuring that it shall not cause damage | ||
| + | to either persons or | ||
| + | properties. | ||
| + | </p> | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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 <a href="# | ||
| + | |||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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 | ||
| + | <a href="# | ||
| + | without any warranty as to its | ||
| + | commercial value, its secured, safe, | ||
| + | innovative or relevant nature. | ||
| + | </p> | ||
| + | < | ||
| + | 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' | ||
| + | software configuration, | ||
| + | nor that it will meet the | ||
| + | Licensee' | ||
| + | </p> | ||
| + | |||
| + | </ | ||
| + | | ||
| + | <div class=" | ||
| + | < | ||
| + | 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, | ||
| + | against the Licensee, the Licensor shall provide it with technical | ||
| + | and legal assistance for its defense. Such technical and legal | ||
| + | assistance shall be decided | ||
| + | between the | ||
| + | relevant Licensor and the Licensee pursuant to a memorandum of | ||
| + | understanding. The Licensor disclaims any and | ||
| + | all liability as | ||
| + | regards the Licensee' | ||
| + | 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.</ | ||
| + | </ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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.</ | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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. | ||
| + | </p> | ||
| + | |||
| + | </ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | <div class=" | ||
| + | <h3> | ||
| + | <span class=" | ||
| + | |||
| + | < | ||
| + | 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, | ||
| + | earthquakes, | ||
| + | </p> | ||
| + | | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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.</ | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | |||
| + | < | ||
| + | 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. | ||
| + | </p> | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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. | ||
| + | </p> | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | <h3> | ||
| + | <span class=" | ||
| + | |||
| + | < | ||
| + | Agreement is drafted in both French and English | ||
| + | and both versions are | ||
| + | deemed authentic. | ||
| + | </p> | ||
| + | </ | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | person | ||
| + | is authorized to duplicate and distribute copies of | ||
| + | this Agreement.</ | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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. | ||
| + | </p> | ||
| + | </ | ||
| + | |||
| + | | ||
| + | <div class=" | ||
| + | < | ||
| + | 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 <a href="# | ||
| + | </p> | ||
| + | </ | ||
| + | | ||
| + | |||
| + | | ||
| + | |||
| + | </ | ||
| + | <div class=" | ||
| + | <h2> Article <span class=" | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 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. | ||
| + | </p> | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | within two (2) months as from their | ||
| + | occurrence, | ||
| + | disagreements | ||
| + | or disputes shall be referred to the Paris Courts having | ||
| + | jurisdiction, | ||
| + | Party. | ||
| + | </p> | ||
| + | |||
| + | </ | ||
| + | |||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | < | ||
| + | 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) L(ibre) | ||
| + | </ | ||
| + | </ | ||
| + | |||
| + | <div class=" | ||
| + | </ | ||
| + | </ | ||
