githaven/options/license/CECILL-1.1

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:

1. permanent or temporary reproduction of all or part of the Software by any
or all means and in any or all form.

2. loading, displaying, running, or storing the Software on any or all medium.

3. entitlement to observe, study or test 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:

            1. a copy of the Agreement,

2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,

and that, in the event that only the 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:

            1. a copy of the Agreement,

2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,

and that, in the event that only the 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:

1. not to remove, or modify, in any or all manner, the intellectual property
notices affixed to the Software;

2. 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