no way to compare when less than two revisions
Differences
This shows you the differences between two versions of the page.
— | cecill [2017/12/01 11:57] (current) – created - external edit 127.0.0.1 | ||
---|---|---|---|
Line 1: | Line 1: | ||
+ | ====== 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=" | ||
+ | </ | ||
+ | </ | ||