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diff --git a/licenses/CeCILL-1.1 b/licenses/CeCILL-1.1 deleted file mode 100644 index b4efe1181..000000000 --- a/licenses/CeCILL-1.1 +++ /dev/null @@ -1,513 +0,0 @@ - FREE SOFTWARE LICENSING AGREEMENT CeCILL - ======================================== - - -Notice ------- - - -This Agreement is a free software license that is the result of discussions -between its authors in order to ensure compliance with the two main -principles guiding its drafting: - - firstly, its conformity with French law, both as regards the law of - torts and intellectual property law, and the protection that it offers - to authors and the holders of economic rights over software. - - secondly, compliance with the principles for the distribution of free - software: access to source codes, extended user-rights. - -The following bodies are the authors of this license CeCILL (Ce : CEA, C : -CNRS, I : INRIA, LL : Logiciel Libre): - -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. - -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. - - -PREAMBLE --------- - - -The purpose of this Free Software Licensing 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 these rights is conditional upon certain obligations for -users so as to ensure that this status is retained for subsequent -redistribution operations. - -As a counterpart to the access to the source code and 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, it is brought to the user's attention that the risks -associated with loading, using, modifying and/or developing or reproducing -the software by the user given its nature of Free Software, that may -mean that it is complicated to manipulate, and that also therefore means -that it 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 Articles 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 operation thereof to its provisions. - - -Article 1 - DEFINITIONS ------------------------- - - -For the purposes of this Agreement, when the following expressions commence -with a capital letter, they shall have the following meaning: - -Agreement: means this Licensing Agreement, and any or all of its subsequent -versions. - -Software: means the software in its Object Code and/or Source Code form -and, where applicable, its documentation, "as is" at the time when the -Licensee accepts the Agreement. - -Initial Software: means the Software in its Source Code and/or Object Code -form and, where applicable, its documentation, "as is" at the time when it -is distributed for the first time 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 of the economic rights over the Initial -Software. - -Licensee(s): mean(s) the Software user(s) having accepted the Agreement. - -Contributor: means a Licensee having made at least one Contribution. - -Licensor: means the Holder, or any or all other individual or legal entity, -that distributes the Software under the Agreement. - -Contributions: mean any or all modifications, corrections, translations, -adaptations and/or new functionalities integrated into the Software by any -or all Contributor, and the Static Modules. - -Module: means a set of sources files including their documentation that, -once compiled in executable form, enables supplementary functionalities or -services to be developed in addition to those offered by the Software. - -Dynamic Module: means any or all module, created by the Contributor, that -is independent of the Software, so that this module and the Software are in -two different executable forms that are run in separate address spaces, -with one calling the other when they are run. - -Static Module: means any or all module, created by the Contributor and -connected to the Software by a static link that makes their object codes -interdependent. This module and the Software to which it is connected, are -combined in a single executable. - -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 to enable the Licensor to grant the -Licensee a free, non-exclusive, transferable and worldwide License for the -Software as set forth in Article 5 hereinafter for the whole term of -protection of 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 by 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 -specific nature of the Software, to the limited warranty, and to the -limitation to use by experienced users has been provided to the Licensee -prior to its acceptance as set forth in Article 3.1 hereinabove, and the -Licensee hereby acknowledges that it is aware thereof. - - -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. - -4.2. TERM - -The Agreement shall remain in force during the whole legal term of -protection of the economic rights over the Software. - - -Article 5 - SCOPE OF THE RIGHTS GRANTED ---------------------------------------- - - -The Licensor hereby grants to the Licensee, that accepts such, the -following rights as regards 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. - -Otherwise, the Licensor grants to the Licensee free of charge exploitation -rights on the patents he holds on whole or part of the inventions -implemented in the Software. - -5.1. RIGHTS OF USE - -The Licensee is authorized to use the Software, unrestrictedly, as regards -the fields of application, with it being hereinafter specified that this -relates to: -- permanent or temporary reproduction of all or part of the Software by - any or all means and in any or all form. -- loading, displaying, running, or storing the Software on any or all - medium. -- entitlement to observe, study or test the operation thereof so as to - establish the ideas and principles that form the basis for 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 modification to the Software, and the right to -reproduce the resulting Software. - -The Licensee is authorized to make any or all Contribution to the Software -provided that it explicitly mentions its name as the author of said -Contribution and the date of the development thereof. - -5.3. DISTRIBUTION AND PUBLICATION RIGHTS - -In particular, the right of distribution and publication includes the right -to 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, a copy or copies of the Software -by means of any or all process. -The Licensee is further authorized to redistribute copies of the modified -or unmodified Software to third parties according to the terms and -conditions set forth hereinafter. - -5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION - -The Licensee is authorized to redistribute true copies of the Software in -Source Code or Object Code form, provided that said redistribution complies -with all the provisions of the Agreement and is accompanied by: -- a copy of the Agreement, -- 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 Software's Object Code is -redistributed, the Licensee allows future Licensees unhindered access to -the Software's full Source Code by providing them with the terms and -conditions for access thereto, it being understood that the additional cost -of acquiring the Source Code shall not exceed the cost of transferring the -data. - -5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE - -When the Licensee makes a Contribution to the Software, the terms and -conditions for the redistribution of the Modified Software shall then be -subject to all the provisions hereof. - -The Licensee is authorized to redistribute the Modified Software, in Source -Code or Object Code form, provided that said redistribution complies with -all the provisions of the Agreement and is accompanied by: -- a copy of the Agreement, -- 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 Modified Software's Object Code is -redistributed, the Licensee allows future Licensees unhindered access to -the Modified Software's full Source Code by providing them with the terms -and conditions for access thereto, it being understood that the additional -cost of acquiring the Source Code shall not exceed the cost of transferring -the data. - - -5.3.3. redistribution OF DYNAMIC MODULES - -When the Licensee has developed a Dynamic Module, the terms and conditions -hereof do not apply to said Dynamic Module, that may be distributed under -a separate Licensing Agreement. - -5.3.4. COMPATIBILITY WITH THE GPL LICENSE - -In the event that the Modified or unmodified Software is included in a code -that is subject to the provisions of the GPL License, the Licensee is -authorized to redistribute the whole under the GPL License. - -In the event that the Modified Software includes a code that is subject to -the provisions of the GPL License, the Licensee is authorized to -redistribute the Modified Software under the GPL License. - - -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 and it shall have sole entitlement to modify the -terms and conditions for the distribution of said Initial Software. - -The Holder undertakes to maintain the distribution of the Initial Software -under the conditions of the Agreement, for the duration set forth in -article 4.2.. - -6.2. OVER THE CONTRIBUTIONS - -The intellectual property rights over the Contributions belong to the -holder of the economic rights as designated by effective legislation. - -6.3. OVER THE DYNAMIC MODULES - -The Licensee having developed a Dynamic Module is the holder of the -intellectual property rights over said Dynamic Module and is free to choose -the agreement that shall govern its distribution. - -6.4. JOINT PROVISIONS - -6.4.1. The Licensee expressly undertakes: -- not to remove, or modify, in any or all manner, the intellectual - property notices affixed to the Software; -- to reproduce said notices, in an identical manner, in the copies of - the Software. - -6.4.2. The Licensee undertakes not to directly or indirectly infringe the -intellectual property rights of the Holder and/or Contributors and to take, -where applicable, vis-à-vis its staff, any or all measures required to -ensure respect for 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 service. The -terms and conditions of such technical assistance, and/or such -maintenance, shall then 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 or all Licensor shall be entitled to offer to its -Licensees, under its own 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 shall decide upon -itself. Said warranty, and the financial terms and conditions of its -application, shall be subject to a separate instrument executed between the -Licensor and the Licensee. - - -Article 8 - LIABILITY ----------------------- - - -8.1. Subject to the provisions of Article 8.2, should the Licensor fail to -fulfill all or part of its obligations hereunder, the Licensee shall be -entitled to claim compensation for the direct loss suffered as a result of -a fault on the part of the Licensor, subject to providing evidence of it. - -8.2. The Licensor's liability is limited to the commitments made under this -Licensing Agreement and shall not be incurred as a result , in particular: -(i) of loss due the Licensee's total or partial failure to fulfill its -obligations, (ii) direct or consequential loss due to the Software's use or -performance that is suffered by the Licensee, when the latter is a -professional using said Software for professional purposes and (iii) -consequential loss due to the Software's use or performance. 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 current situation as regards -scientific and technical know-how at the time when the Software was -distributed did not enable all possible uses to be tested and verified, nor -for the presence of any or all faults 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 that are -reserved for experienced users. - -The Licensee shall be responsible for verifying, by any or all means, the -product's suitability for its requirements, its due and proper functioning, -and for ensuring that it shall not cause damage to either persons or -property. - -9.2. The Licensor hereby represents, in good faith, that it is entitled to -grant all the rights on the Software (including in particular the rights -set forth in Article 5 hereof over the Software). - -9.3. The Licensee acknowledges that the Software is supplied "as is" by the -Licensor without any or all other express or tacit warranty, other than -that provided for in Article 9.2 and, in particular, without any or all -warranty as to its market value, its secured, innovative or relevant -nature. - -Specifically, the Licensor does not warrant that the Software is free from -any or all error, that it shall operate continuously, that it shall be -compatible with the Licensee's own equipment and its software -configuration, nor that it shall meet the Licensee's requirements. - -9.4. The Licensor does not either expressly or tacitly warrant that the -Software does not infringe any or all third party intellectual right -relating to a patent, software or to any or all other property right. -Moreover, the Licensor shall not hold the Licensee harmless against 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 upon on a case-by-case -basis between the relevant Licensor and the Licensee pursuant to a -memorandum of understanding. The Licensor disclaims any or all liability as -regards the Licensee's use of the Software's name. No warranty shall be -provided as regards the existence of prior rights over the name of the -Software and 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. The Licensee whose Agreement is terminated shall no longer be -authorized to use, modify or distribute the Software. However, any or all -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 PROVISIONS --------------------------------------- - - -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, notably, defective functioning, or -interruptions affecting the electricity or telecommunications networks, -blocking of the network following a virus attack, the intervention of the -government authorities, natural disasters, water damage, earthquakes, fire, -explosions, strikes and labor unrest, war, etc. - -11.2. The fact that either Party may fail, on one or several occasions, to -invoke one or several of the provisions hereof, shall under no -circumstances be interpreted as being a waiver by the interested Party of -its entitlement to invoke said provision(s) subsequently. - -11.3. The Agreement cancels and replaces any or all previous agreement, -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 regards the Parties unless it is -made in writing and signed by their duly authorized representatives. - -11.4. In the event that one or several of the provisions hereof were to -conflict with a current or future applicable act or legislative text, said -act or legislative text shall take precedence, and the Parties shall make -the necessary amendments so as to be in compliance with said act or -legislative text. All the other provisions shall remain effective. -Similarly, the fact that a provision of the Agreement may be null and -void, for any reason whatsoever, shall not cause the Agreement as a whole -to be null and void. - -11.5. LANGUAGE - -The Agreement is drafted in both French and English. In the event of a -conflict as regards construction, the French version shall be deemed -authentic. - - -Article 12 - NEW VERSIONS OF THE AGREEMENT -------------------------------------------- - - -12.1. Any or all 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, that 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 or all 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. - - -Article 13 - GOVERNING LAW AND JURISDICTION -------------------------------------------- - - -13.1. The Agreement is governed by French law. The Parties agree to -endeavor to settle the disagreements or disputes that may arise during the -performance of the Agreement out-of-court. - -13.2. In the absence of an out-of-court settlement 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 first Party to take action. - - - Version 1.1 of 10/26/2004 - - - - - - - - - - - |