Added CeCiLL-B license.

This is a free software license according to the FSF:
https://www.gnu.org/licenses/license-list.en.html#CeCILL-B

1 files changed, 514 insertions, 0 deletions

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+CeCILL-B FREE SOFTWARE LICENSE AGREEMENT

+

+

+    Notice

+

+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:

+

+    * firstly, compliance with the principles governing the distribution

+      of Free Software: access to source code, broad rights granted to

+      users,

+    * 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.

+

+The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])

+license are: 

+

+Commissariat à l'Energie Atomique - CEA, a public scientific, technical

+and industrial research establishment, having its principal place of

+business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, 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, France.

+

+

+    Preamble

+

+This Agreement is an open source software license intended to give users

+significant freedom to modify and redistribute the software licensed

+hereunder.

+

+The exercising of this freedom is conditional upon a strong obligation

+of giving credits for everybody that distributes a software

+incorporating a software ruled by the current license so as all

+contributions to be properly identified and acknowledged.

+

+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.

+

+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.

+

+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.

+

+

+    Article 1 - DEFINITIONS

+

+For the purpose of this Agreement, when the following expressions

+commence with a capital letter, they shall have the following meaning:

+

+Agreement: means this license agreement, and its possible subsequent

+versions and annexes.

+

+Software: 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.

+

+Initial Software: 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.

+

+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(s) of the economic rights over the Initial

+Software.

+

+Licensee: means the Software user(s) having accepted the Agreement.

+

+Contributor: means a Licensee having made at least one Contribution.

+

+Licensor: means the Holder, or any other individual or legal entity, who

+distributes the Software under the Agreement.

+

+Contribution: 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.

+

+Module: means a set of sources files including their documentation that

+enables supplementary functions or services in addition to those offered

+by the Software.

+

+External Module: 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.

+

+Internal Module: means any or all Module, connected to the Software so

+that they both execute in the same address space.

+

+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 the grant by the Licensor to the

+Licensee of a non-exclusive, transferable and worldwide license for the

+Software as set forth in Article 5 hereinafter for the whole term of the

+protection granted by 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 upon 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

+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 3.1

+hereinabove, and the Licensee hereby acknowledges that it has read and

+understood it.

+

+

+    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 for the entire legal term of

+protection of the economic rights over the Software.

+

+

+    Article 5 - SCOPE OF RIGHTS GRANTED

+

+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.

+

+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.

+

+

+      5.1 RIGHT OF USE

+

+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:

+

+   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 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.

+

+

+      5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS

+

+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.

+

+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.

+

+

+      5.3 RIGHT OF DISTRIBUTION

+

+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.

+

+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.

+

+

+        5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION

+

+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:

+

+   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 Object Code of the Software is

+redistributed, the Licensee allows effective access to the full Source

+Code of the Software at a minimum during the entire period of its

+distribution of the Software, it being understood that the additional

+cost of acquiring the Source Code shall not exceed the cost of

+transferring the data.

+

+

+        5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE

+

+If the Licensee makes any Contribution to the Software, the resulting

+Modified Software may be distributed under a license agreement other

+than this Agreement subject to compliance with the provisions of Article

+5.3.4.

+

+

+        5.3.3 DISTRIBUTION OF EXTERNAL MODULES

+

+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.

+

+

+        5.3.4 CREDITS

+

+Any Licensee who may distribute a Modified Software hereby expressly

+agrees to:

+

+   1. indicate in the related documentation that it is based on the

+      Software licensed hereunder, and reproduce the intellectual

+      property notice for the Software,

+

+   2. ensure that written indications of the Software intended use,

+      intellectual property notice and license hereunder are included in

+      easily accessible format from the Modified Software interface,

+

+   3. mention, on a freely accessible website describing the Modified

+      Software, at least throughout the distribution term thereof, that

+      it is based on the Software licensed hereunder, and reproduce the

+      Software intellectual property notice,

+

+   4. where it is distributed to a third party that may distribute a

+      Modified Software without having to make its source code

+      available, make its best efforts to ensure that said third party

+      agrees to comply with the obligations set forth in this Article .

+

+If the Software, whether or not modified, is distributed with an

+External Module designed for use in connection with the Software, the

+Licensee shall submit said External Module to the foregoing obligations.

+

+

+        5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES

+

+Where a Modified Software contains a Contribution subject to the CeCILL

+license, the provisions set forth in Article 5.3.4 shall be optional.

+

+A Modified Software may be distributed under the CeCILL-C license. In

+such a case the provisions set forth in Article 5.3.4 shall be optional.

+

+

+    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 modify the terms and conditions for the

+distribution of said Initial Software.

+

+The Holder undertakes that the Initial Software will remain ruled at

+least by this Agreement, for the duration set forth in Article 4.2.

+

+

+      6.2 OVER THE CONTRIBUTIONS

+

+The Licensee who develops a Contribution is the owner of the

+intellectual property rights over this Contribution as defined by

+applicable law.

+

+

+      6.3 OVER THE EXTERNAL MODULES

+

+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.

+

+

+      6.4 JOINT PROVISIONS

+

+The Licensee expressly undertakes:

+

+   1. not to remove, or modify, in any manner, the intellectual property

+      notices attached to the Software;

+

+   2. to reproduce said notices, in an identical manner, in the copies

+      of the Software modified or not.

+

+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.

+

+

+    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 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.

+

+7.2 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.

+

+

+    Article 8 - LIABILITY

+

+8.1 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.

+

+8.2 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.

+

+

+    Article 9 - WARRANTY

+

+9.1 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.

+

+The Licensee shall be responsible for verifying, by any or all means,

+the suitability of the product for its requirements, its good working

+order, and for ensuring that it shall not cause damage to either persons

+or properties.

+

+9.2 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 5).

+

+9.3 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 9.2 and, in particular, without any warranty 

+as to its commercial value, its secured, safe, innovative or relevant 

+nature.

+

+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.

+

+9.4 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.

+

+

+    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 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.

+

+

+    Article 11 - MISCELLANEOUS

+

+

+      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 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.

+

+11.2 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.

+

+11.3 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.

+

+11.4 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.

+

+

+      11.5 LANGUAGE

+

+The Agreement is drafted in both French and English and both versions

+are deemed authentic.

+

+

+    Article 12 - NEW VERSIONS OF THE AGREEMENT

+

+12.1 Any 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, 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.

+

+12.3 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.

+

+

+    Article 13 - GOVERNING LAW AND JURISDICTION

+

+13.1 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.

+

+13.2 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.

+

+

+Version 1.0 dated 2006-09-05.