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authorbicatali <bicatali@32389bae-6d03-0410-99cf-db05cde120eb>2006-04-25 13:05:37 +0000
committerbicatali <bicatali@32389bae-6d03-0410-99cf-db05cde120eb>2006-04-25 13:05:37 +0000
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treecd4b825308b179a88fcf99eb87f31c3722ece8ad /licenses
parentminuit: fixed ChangeLog (diff)
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+<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01//EN" "http://www.w3.org/TR/html4/strict.dtd">
+<html>
+<head>
+<meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1">
+<title>CeCILL FREE SOFTWARE LICENSINGE
+ AGREEMENT CeCILL</title>
+<style type="text/css">
+ h1.title {color: #008080; font-size: 200%; text-align: center}
+ h2 {color: #008080; font-size: 150%}
+ h3 {color: #008080; font-size: 140%}
+ h4 {color: #008080; font-size: 120%}
+ h5 {color: #008080; font-size: 100%}
+ span.numbering {color: #008080}
+ span.definition {font-weight: bold}
+ div.version {font-style: italic}
+ div.footnote {font-size: 80%}
+ ins {text-decoration: underline; background: #AAFFA4}
+ div.added {text-decoration: underline; background: #AAFFA4}
+ del {text-decoration:line-through; background: #8F8F8F}
+ div.deleted {text-decoration:line-through; background: #8F8F8F}
+ </style>
+</head>
+<body>
+
+<h1 class="title">CeCILL FREE SOFTWARE LICENSE
+ AGREEMENT </h1>
+
+
+
+<div class="notice">
+<h2>Notice</h2>
+<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:</p>
+
+
+
+<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>
+
+
+<p>The
+ authors of the
+
+CeCILL<SUP><A HREF="#footnote1">1</A></SUP>
+license are:</p>
+
+<p>Commissariat
+à l'Energie Atomique - CEA, a public
+scientific, technical and industrial establishment, having its
+principal place of business at 31-33 rue de la Fédération,
+75752 Paris
+cedex 15, France.</p>
+
+<p>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.</p>
+
+<p>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.</p>
+
+</div>
+<div class="preamble">
+<h2>Preamble</h2>
+
+<p>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.
+</p>
+
+<p>The
+exercising of these rights is conditional upon certain obligations
+for users so as to preserve this status
+ for all subsequent
+redistributions. </p>
+
+<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's author, the holder of the economic rights, and the
+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 Software's suitability 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.</p>
+
+<p>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.</p>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">1 </span> - DEFINITIONS</h2>
+
+ <p>For
+ the purpose of this Agreement,
+ when the following expressions
+ commence with a capital letter, they shall have the following
+ meaning:</p>
+
+ <p class="definition"><span class="definition">Agreement</span>:
+
+ means this license
+ agreement, and
+ its possible subsequent versions and annexes.
+
+ </p>
+
+ <p class="definition"><span class="definition">Software</span>:
+
+ 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.
+
+ </p>
+
+ <p class="definition"><span class="definition">Initial Software</span>:
+
+ 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.
+
+ </p>
+
+ <p class="definition"><span class="definition">Modified Software</span>:
+
+ means the Software modified by at least one Contribution.
+
+ </p>
+
+ <p class="definition"><span class="definition">Source Code</span>:
+
+ means all the Software's instructions and program lines to which
+ access is required so as to modify the Software.
+
+ </p>
+
+ <p class="definition"><span class="definition">Object Code</span>:
+
+ means the binary files originating from the
+ compilation of the Source Code.
+
+ </p>
+
+ <p class="definition"><span class="definition">Holder</span>:
+
+ means the holder(s) of the economic rights over the Initial Software.
+
+ </p>
+
+ <p class="definition"><span class="definition">Licensee</span>:
+
+ means
+ the Software user(s) having accepted the Agreement.
+
+ </p>
+
+ <p class="definition"><span class="definition">Contributor</span>:
+
+ means a Licensee having made at least one Contribution.
+
+ </p>
+
+ <p class="definition"><span class="definition">Licensor</span>:
+
+ means the Holder, or any other individual or legal
+ entity, who distributes the Software under
+ the Agreement.
+
+ </p>
+
+ <p class="definition"><span class="definition">Contribution</span>:
+
+ 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.
+
+ </p>
+
+ <p class="definition"><span class="definition">Module</span>:
+
+ means a set of sources files including their documentation
+ that enables
+ supplementary
+ functions or services in
+ addition to those offered by the Software.
+
+ </p>
+
+ <p class="definition"><span class="definition"> External Module</span>:
+
+ 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="definition"><span class="definition"> Internal Module</span>:
+
+ means any or all
+ Module, connected to the Software so that they both execute
+ in the same address space.
+
+
+ </p>
+
+
+ <p class="definition"><span class="definition">GNU GPL</span>:
+
+ means the GNU General Public License version 2 or any subsequent
+ version, as published by the Free Software Foundation Inc.
+
+ </p>
+
+
+ <p class="definition"><span class="definition">Parties</span>:
+
+ mean both the Licensee and the Licensor.
+
+ </p>
+
+ <p>These
+ expressions may be used both in singular and plural form.</p>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">2 </span> - PURPOSE</h2>
+
+ <p>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 <a href="#scope"><span class="numbering">5</span></a>
+ hereinafter for the whole term of the
+ protection
+ granted by the rights over said Software.
+ </p>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">3 </span> - ACCEPTANCE</h2>
+
+ <div class="clause">
+ <p><a name="accepting"></a><span class="numbering">3.1 </span>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:</p>
+ <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>
+ <li> (ii)
+ the first time the Licensee exercises any of the rights granted
+ hereunder.</li>
+ </ul>
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">3.2 </span>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
+ <a href="#accepting"><span class="numbering">3.1</span></a>
+ hereinabove, and the Licensee hereby acknowledges that it
+ has read and understood it.</p>
+ </div>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">4 </span> - EFFECTIVE DATE AND TERM</h2>
+
+
+ <div class="clause">
+ <h3>
+<span class="numbering">4.1 </span>EFFECTIVE DATE</h3>
+
+ <p>The
+ Agreement shall become effective on the date when it is accepted by
+ the Licensee as set forth in Article <a href="#accepting"><span class="numbering">3.1</span></a>.</p>
+ </div>
+
+ <div class="clause">
+ <h3>
+<a name="term"></a><span class="numbering">4.2 </span>TERM</h3>
+
+ <p>The
+ Agreement shall remain in force
+ for the entire legal term of
+ protection of the economic rights over the Software.</p>
+
+ </div>
+
+</div>
+<div class="article">
+<h2>
+<a name="scope"></a> Article <span class="numbering">5 </span> - SCOPE OF RIGHTS GRANTED</h2>
+
+ <p>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.
+ </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 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.
+ </p>
+
+ <div class="clause">
+ <h3>
+<span class="numbering">5.1 </span>RIGHT OF USE</h3>
+
+ <p>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:
+ </p>
+ <ol>
+ <li><p>permanent
+ or temporary reproduction of all or part of the Software by any or
+ all means and in any or all form.
+ </p></li>
+ <li><p>loading,
+ displaying, running, or storing the Software on any or all
+ medium.</p></li>
+ <li><p>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.</p></li>
+ </ol>
+
+ </div>
+
+ <div class="clause">
+ <h3>
+<span class="numbering">5.2 </span>ENTITLEMENT TO MAKE CONTRIBUTIONS</h3>
+
+ <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.</p>
+ <p>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.</p>
+
+ </div>
+
+ <div class="clause">
+ <h3>
+<span class="numbering">5.3 </span>RIGHT OF DISTRIBUTION
+ </h3>
+
+ <p>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.</p>
+ <p>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.</p>
+
+ <div class="subclause">
+ <h4>
+<span class="numbering">5.3.1 </span>DISTRIBUTION OF SOFTWARE
+ WITHOUT MODIFICATION</h4>
+
+ <p>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:</p>
+ <ol>
+ <li><p>a
+ copy of the Agreement,</p></li>
+ <li><p>a
+ notice relating to the limitation of both the Licensor's
+ warranty and liability as set forth in Articles 8 and 9,
+ </p></li>
+ </ol>
+ <p>and
+ that, in the event that only the Object Code
+ of the Software is redistributed, the Licensee 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>
+
+ <div class="subclause">
+ <h4>
+<span class="numbering">5.3.2 </span>DISTRIBUTION OF MODIFIED SOFTWARE</h4>
+
+ <p>When
+ the Licensee makes a Contribution to the Software, the terms and
+ conditions for the distribution
+ of the Modified Software become subject to all the provisions
+ of this Agreement.
+ </p>
+ <p>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:
+ </p>
+ <ol>
+ <li><p>a
+ copy of the Agreement,</p></li>
+ <li>
+<p>a
+ notice relating to the limitation of both the Licensor's
+ warranty and liability as set forth in Articles 8 and 9,</p>
+ </li>
+ </ol>
+ <p>and
+ that, in the event that only the
+ Object Code of the Modified Software
+ is redistributed, the Licensee allows future Licensees
+ 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>
+
+ <div class="subclause">
+ <h4>
+<span class="numbering">5.3.3 </span>DISTRIBUTION OF
+ EXTERNAL MODULES</h4>
+
+ <p>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.</p>
+
+ </div>
+
+ <div class="subclause">
+ <h4>
+<a name="compatibility"></a><span class="numbering">5.3.4 </span>COMPATIBILITY WITH THE GNU GPL
+ </h4>
+
+
+
+
+ <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>
+
+ <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>
+
+ </div>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">6 </span> - INTELLECTUAL PROPERTY
+ </h2>
+
+ <div class="clause">
+ <h3>
+<span class="numbering">6.1 </span>OVER THE INITIAL SOFTWARE</h3>
+
+ <p>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.</p>
+ <p>The
+ Holder undertakes that the Initial
+ Software
+ will remain ruled at least by the current license,
+ for the duration set
+ forth in article <a href="#term"><span class="numbering">4.2</span></a>.</p>
+
+ </div>
+
+ <div class="clause">
+ <h3>
+<span class="numbering">6.2 </span>OVER THE CONTRIBUTIONS</h3>
+
+ <p>
+
+
+ A Licensee who develops a Contribution is the owner
+ of the intellectual property rights over this Contribution
+ as defined by
+ applicable law.</p>
+
+ </div>
+
+ <div class="clause">
+ <h3>
+<span class="numbering">6.3 </span>OVER THE
+ EXTERNAL MODULES</h3>
+
+ <p>
+ A
+ 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.</p>
+
+ </div>
+
+ <div class="clause">
+ <h3>
+<span class="numbering">6.4 </span>JOINT PROVISIONS</h3>
+
+ <div class="subclause">
+ <p>The
+ Licensee expressly undertakes:</p>
+ <ol>
+ <li><p>not
+ to remove, or modify, in any manner, the
+ intellectual
+ property notices
+ attached to the Software;</p></li>
+ <li>
+<p>to
+ reproduce said notices, in an identical manner, in the copies of
+ the Software modified or not.</p>
+ </li>
+ </ol>
+ </div>
+
+ <div class="subclause">
+ <p>The
+ 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.</p>
+ </div>
+
+ </div>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">7 </span> - RELATED SERVICES</h2>
+
+ <div class="clause">
+
+ <p><span class="numbering">7.1 </span>Under
+ no circumstances shall the Agreement oblige the Licensor to provide
+ technical assistance or maintenance services for the Software.</p>
+
+ <p>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.</p>
+
+ </div>
+
+ <div class="clause">
+
+ <p><span class="numbering">7.2 </span>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.</p>
+
+ </div>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">8 </span> - LIABILITY</h2>
+
+ <div class="clause">
+ <p><span class="numbering">8.1 </span>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.
+ </p>
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">8.2 </span>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.
+ </p>
+ </div>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">9 </span> - WARRANTY</h2>
+
+ <div class="clause">
+ <p><span class="numbering">9.1 </span>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's 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.</p>
+ <p>The
+ Licensee shall be responsible for verifying, by any or all means,
+ the product's suitability for its requirements, its good working order, and for
+ ensuring that it shall not cause damage
+ to either persons or
+ properties.
+ </p>
+ </div>
+
+ <div class="clause">
+ <p><a name="good-faith"></a><span class="numbering">9.2 </span>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 <a href="#scope"><span class="numbering">5</span></a>).</p>
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">9.3 </span>
+ 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="#good-faith"><span class="numbering">9.2</span></a> and, in particular,
+ without any warranty as to its
+
+ commercial value, its secured, safe,
+ innovative or relevant nature.
+ </p>
+ <p>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.
+ </p>
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">9.4 </span>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 assistance for its defense. Such technical and legal
+ assistance 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.</p>
+ </div>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">10 </span> - TERMINATION</h2>
+
+ <div class="clause">
+ <p><span class="numbering">10.1 </span>
+ 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.</p>
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">10.2 </span>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.
+ </p>
+ </div>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">11 </span> - MISCELLANEOUS </h2>
+
+ <div class="clause">
+ <h3>
+<span class="numbering">11.1 </span>EXCUSABLE EVENTS</h3>
+
+ <p>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.</p>
+
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">11.2 </span>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.</p>
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">11.3 </span> 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.
+ </p>
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">11.4 </span>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.
+ </p>
+ </div>
+
+ <div class="clause">
+ <h3>
+<span class="numbering">11.5 </span>LANGUAGE</h3>
+
+ <p>The
+ Agreement is drafted in both French and English
+ and both versions are
+ deemed authentic.
+ </p>
+ </div>
+
+</div>
+<div class="article">
+<h2> Article <span class="numbering">12 </span> - NEW VERSIONS OF THE AGREEMENT</h2>
+
+ <div class="clause">
+ <p><span class="numbering">12.1 </span>Any
+ person
+ is authorized to duplicate and distribute copies of
+ this Agreement.</p>
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">12.2 </span>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.
+ </p>
+ </div>
+
+ <div class="clause">
+ <p><span class="numbering">12.3 </span>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 <a href="#compatibility"><span class="numbering">5.3.4</span></a>.
+ </p>
+ </div>
+</div>
+<div class="article">
+<h2> Article <span class="numbering">13 </span> - GOVERNING LAW AND JURISDICTION</h2>
+
+ <div class="clause">
+ <p><span class="numbering">13.1 </span>
+ 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>
+
+ <div class="clause">
+ <p><span class="numbering">13.2 </span>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.
+ </p>
+ </div>
+
+</div>
+
+<div class="footnote">
+ <p><a name="footnote1">
+ 1
+ CeCILL stands for Ce(a) C(nrs) I(nria) L(logiciel) L(ibre)
+ </a></p>
+</div>
+
+<div class="version">Version 2.0 dated 2005-05-21.</div>
+</body>
+</html>