key: cecill-2.0 short_name: CeCILL 2.0 name: CeCILL Free Software License Agreement v2.0 category: Copyleft Limited owner: CeCILL homepage_url: http://www.cecill.info/licences.en.html notes: | per SPDX.org, English translation can be found here http://www.cecill.info/licences/Licence_CeCILL_V2-en.html spdx_license_key: CECILL-2.0 text_urls: - http://www.cecill.info/licences/Licence_CeCILL_V2-en.html - http://www.cecill.info/licences/Licence_CeCILL_V2-en.txt - http://www.cecill.info/licences/Licence_CeCILL_V2-fr.html - http://www.cecill.info/licences/Licence_CeCILL_V2-fr.txt text: "CeCILL FREE SOFTWARE LICENSE AGREEMENT\n\n Notice\n\nThis Agreement is a Free Software\ \ license agreement that is the result\nof discussions between its authors in order to ensure\ \ compliance with\nthe two main principles guiding its drafting:\n\n * firstly, compliance\ \ with the principles governing the distribution\n of Free Software: access to source\ \ code, broad rights granted to\n users,\n * secondly, the election of a governing\ \ law, French law, with which\n it is conformant, both as regards the law of torts and\n\ \ intellectual property law, and the protection that it offers to\n both authors\ \ and holders of the economic rights over software.\n\nThe authors of the CeCILL (for Ce[a]\ \ C[nrs] I[nria] L[ogiciel] L[ibre])\nlicense are:\n\nCommissariat à l'Energie Atomique -\ \ CEA, a public scientific, technical\nand industrial research establishment, having its principal\ \ place of\nbusiness at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.\n\nCentre\ \ National de la Recherche Scientifique - CNRS, a public scientific\nand technological establishment,\ \ having its principal place of business\nat 3 rue Michel-Ange, 75794 Paris cedex 16, France.\n\ \nInstitut National de Recherche en Informatique et en Automatique -\nINRIA, a public scientific\ \ and technological establishment, having its\nprincipal place of business at Domaine de Voluceau,\ \ Rocquencourt, BP\n105, 78153 Le Chesnay cedex, France.\n\n\n Preamble\n\nThe purpose\ \ of this Free Software license agreement is to grant users\nthe right to modify and redistribute\ \ the software governed by this\nlicense within the framework of an open source distribution\ \ model.\n\nThe exercising of these rights is conditional upon certain obligations\nfor users\ \ so as to preserve this status for all subsequent redistributions.\n\nIn consideration of\ \ access to the source code and the rights to copy,\nmodify and redistribute granted by the\ \ license, users are provided only\nwith a limited warranty and the software's author, the\ \ holder of the\neconomic rights, and the successive licensors only have limited liability.\n\ \nIn this respect, the risks associated with loading, using, modifying\nand/or developing\ \ or reproducing the software by the user are brought to\nthe user's attention, given its\ \ Free Software status, which may make it\ncomplicated to use, with the result that its use\ \ is reserved for\ndevelopers and experienced professionals having in-depth computer\nknowledge.\ \ Users are therefore encouraged to load and test the\nsuitability of the software as regards\ \ their requirements in conditions\nenabling the security of their systems and/or data to\ \ be ensured and,\nmore generally, to use and operate it in the same conditions of\nsecurity.\ \ This Agreement may be freely reproduced and published,\nprovided it is not altered, and\ \ that no provisions are either added or\nremoved herefrom.\n\nThis Agreement may apply to\ \ any or all software for which the holder of\nthe economic rights decides to submit the use\ \ thereof to its provisions.\n\n\n Article 1 - DEFINITIONS\n\nFor the purpose of this Agreement,\ \ when the following expressions\ncommence with a capital letter, they shall have the following\ \ meaning:\n\nAgreement: means this license agreement, and its possible subsequent\nversions\ \ and annexes.\n\nSoftware: means the software in its Object Code and/or Source Code form\n\ and, where applicable, its documentation, \"as is\" when the Licensee\naccepts the Agreement.\n\ \nInitial Software: means the Software in its Source Code and possibly its\nObject Code form\ \ and, where applicable, its documentation, \"as is\" when\nit is first distributed under\ \ the terms and conditions of the Agreement.\n\nModified Software: means the Software modified\ \ by at least one\nContribution.\n\nSource Code: means all the Software's instructions and\ \ program lines to\nwhich access is required so as to modify the Software.\n\nObject Code:\ \ means the binary files originating from the compilation of\nthe Source Code.\n\nHolder:\ \ means the holder(s) of the economic rights over the Initial\nSoftware.\n\nLicensee: means\ \ the Software user(s) having accepted the Agreement.\n\nContributor: means a Licensee having\ \ made at least one Contribution.\n\nLicensor: means the Holder, or any other individual or\ \ legal entity, who\ndistributes the Software under the Agreement.\n\nContribution: means\ \ any or all modifications, corrections, translations,\nadaptations and/or new functions integrated\ \ into the Software by any or\nall Contributors, as well as any or all Internal Modules.\n\ \nModule: means a set of sources files including their documentation that\nenables supplementary\ \ functions or services in addition to those offered\nby the Software.\n\nExternal Module:\ \ means any or all Modules, not derived from the\nSoftware, so that this Module and the Software\ \ run in separate address\nspaces, with one calling the other when they are run.\n\nInternal\ \ Module: means any or all Module, connected to the Software so\nthat they both execute in\ \ the same address space.\n\nGNU GPL: means the GNU General Public License version 2 or any\n\ subsequent version, as published by the Free Software Foundation Inc.\n\nParties: mean both\ \ the Licensee and the Licensor.\n\nThese expressions may be used both in singular and plural\ \ form.\n\n\n Article 2 - PURPOSE\n\nThe purpose of the Agreement is the grant by the Licensor\ \ to the\nLicensee of a non-exclusive, transferable and worldwide license for the\nSoftware\ \ as set forth in Article 5 hereinafter for the whole term of the\nprotection granted by the\ \ rights over said Software. \n\n\n Article 3 - ACCEPTANCE\n\n3.1 The Licensee shall be\ \ deemed as having accepted the terms and\nconditions of this Agreement upon the occurrence\ \ of the first of the\nfollowing events:\n\n * (i) loading the Software by any or all means,\ \ notably, by\n downloading from a remote server, or by loading from a physical\n \ \ medium;\n * (ii) the first time the Licensee exercises any of the rights\n granted\ \ hereunder.\n\n3.2 One copy of the Agreement, containing a notice relating to the\ncharacteristics\ \ of the Software, to the limited warranty, and to the\nfact that its use is restricted to\ \ experienced users has been provided\nto the Licensee prior to its acceptance as set forth\ \ in Article 3.1\nhereinabove, and the Licensee hereby acknowledges that it has read and\n\ understood it.\n\n\n Article 4 - EFFECTIVE DATE AND TERM\n\n\n 4.1 EFFECTIVE DATE\n\ \nThe Agreement shall become effective on the date when it is accepted by\nthe Licensee as\ \ set forth in Article 3.1.\n\n\n 4.2 TERM\n\nThe Agreement shall remain in force for\ \ the entire legal term of\nprotection of the economic rights over the Software.\n\n\n \ \ Article 5 - SCOPE OF RIGHTS GRANTED\n\nThe Licensor hereby grants to the Licensee, who accepts,\ \ the following\nrights over the Software for any or all use, and for the term of the\nAgreement,\ \ on the basis of the terms and conditions set forth hereinafter.\n\nBesides, if the Licensor\ \ owns or comes to own one or more patents\nprotecting all or part of the functions of the\ \ Software or of its\ncomponents, the Licensor undertakes not to enforce the rights granted\ \ by\nthese patents against successive Licensees using, exploiting or\nmodifying the Software.\ \ If these patents are transferred, the Licensor\nundertakes to have the transferees subscribe\ \ to the obligations set\nforth in this paragraph.\n\n\n 5.1 RIGHT OF USE\n\nThe Licensee\ \ is authorized to use the Software, without any limitation\nas to its fields of application,\ \ with it being hereinafter specified\nthat this comprises:\n\n 1. permanent or temporary\ \ reproduction of all or part of the Software\n by any or all means and in any or all\ \ form.\n\n 2. loading, displaying, running, or storing the Software on any or\n all\ \ medium.\n\n 3. entitlement to observe, study or test its operation so as to\n determine\ \ the ideas and principles behind any or all constituent\n elements of said Software.\ \ This shall apply when the Licensee\n carries out any or all loading, displaying, running,\ \ transmission\n or storage operation as regards the Software, that it is entitled\n\ \ to carry out hereunder.\n\n\n 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS\n\nThe right\ \ to make Contributions includes the right to translate, adapt,\narrange, or make any or all\ \ modifications to the Software, and the right\nto reproduce the resulting software.\n\nThe\ \ Licensee is authorized to make any or all Contributions to the\nSoftware provided that it\ \ includes an explicit notice that it is the\nauthor of said Contribution and indicates the\ \ date of the creation thereof.\n\n\n 5.3 RIGHT OF DISTRIBUTION\n\nIn particular, the\ \ right of distribution includes the right to publish,\ntransmit and communicate the Software\ \ to the general public on any or\nall medium, and by any or all means, and the right to market,\ \ either in\nconsideration of a fee, or free of charge, one or more copies of the\nSoftware\ \ by any means.\n\nThe Licensee is further authorized to distribute copies of the modified\n\ or unmodified Software to third parties according to the terms and\nconditions set forth hereinafter.\n\ \n\n 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION\n\nThe Licensee is authorized\ \ to distribute true copies of the Software in\nSource Code or Object Code form, provided\ \ that said distribution\ncomplies with all the provisions of the Agreement and is accompanied\ \ by:\n\n 1. a copy of the Agreement,\n\n 2. a notice relating to the limitation of both\ \ the Licensor's\n warranty and liability as set forth in Articles 8 and 9,\n\nand that,\ \ in the event that only the Object Code of the Software is\nredistributed, the Licensee allows\ \ future Licensees unhindered access to\nthe full Source Code of the Software by indicating\ \ how to access it, it\nbeing understood that the additional cost of acquiring the Source\ \ Code\nshall not exceed the cost of transferring the data.\n\n\n 5.3.2 DISTRIBUTION\ \ OF MODIFIED SOFTWARE\n\nWhen the Licensee makes a Contribution to the Software, the terms\ \ and\nconditions for the distribution of the resulting Modified Software\nbecome subject\ \ to all the provisions of this Agreement.\n\nThe Licensee is authorized to distribute the\ \ Modified Software, in\nsource code or object code form, provided that said distribution\n\ complies with all the provisions of the Agreement and is accompanied by:\n\n 1. a copy of\ \ the Agreement,\n\n 2. a notice relating to the limitation of both the Licensor's\n \ \ warranty and liability as set forth in Articles 8 and 9,\n\nand that, in the event that\ \ only the object code of the Modified\nSoftware is redistributed, the Licensee allows future\ \ Licensees\nunhindered access to the full source code of the Modified Software by\nindicating\ \ how to access it, it being understood that the additional\ncost of acquiring the source\ \ code shall not exceed the cost of\ntransferring the data.\n\n\n 5.3.3 DISTRIBUTION\ \ OF EXTERNAL MODULES\n\nWhen the Licensee has developed an External Module, the terms and\n\ conditions of this Agreement do not apply to said External Module, that\nmay be distributed\ \ under a separate license agreement.\n\n\n 5.3.4 COMPATIBILITY WITH THE GNU GPL\n\n\ The Licensee can include a code that is subject to the provisions of one\nof the versions\ \ of the GNU GPL in the Modified or unmodified Software,\nand distribute that entire code\ \ under the terms of the same version of\nthe GNU GPL.\n\nThe Licensee can include the Modified\ \ or unmodified Software in a code\nthat is subject to the provisions of one of the versions\ \ of the GNU GPL,\nand distribute that entire code under the terms of the same version of\n\ the GNU GPL.\n\n\n Article 6 - INTELLECTUAL PROPERTY\n\n\n 6.1 OVER THE INITIAL SOFTWARE\n\ \nThe Holder owns the economic rights over the Initial Software. Any or\nall use of the Initial\ \ Software is subject to compliance with the terms\nand conditions under which the Holder\ \ has elected to distribute its work\nand no one shall be entitled to modify the terms and\ \ conditions for the\ndistribution of said Initial Software.\n\nThe Holder undertakes that\ \ the Initial Software will remain ruled at\nleast by this Agreement, for the duration set\ \ forth in Article 4.2.\n\n\n 6.2 OVER THE CONTRIBUTIONS\n\nThe Licensee who develops\ \ a Contribution is the owner of the\nintellectual property rights over this Contribution\ \ as defined by\napplicable law.\n\n\n 6.3 OVER THE EXTERNAL MODULES\n\nThe Licensee\ \ who develops an External Module is the owner of the\nintellectual property rights over this\ \ External Module as defined by\napplicable law and is free to choose the type of agreement\ \ that shall\ngovern its distribution.\n\n\n 6.4 JOINT PROVISIONS\n\nThe Licensee expressly\ \ undertakes:\n\n 1. not to remove, or modify, in any manner, the intellectual property\n\ \ notices attached to the Software;\n\n 2. to reproduce said notices, in an identical\ \ manner, in the copies\n of the Software modified or not.\n\nThe Licensee undertakes\ \ not to directly or indirectly infringe the\nintellectual property rights of the Holder and/or\ \ Contributors on the\nSoftware and to take, where applicable, vis-à-vis its staff, any and\ \ all\nmeasures required to ensure respect of said intellectual property rights\nof the Holder\ \ and/or Contributors.\n\n\n Article 7 - RELATED SERVICES\n\n7.1 Under no circumstances\ \ shall the Agreement oblige the Licensor to\nprovide technical assistance or maintenance\ \ services for the Software.\n\nHowever, the Licensor is entitled to offer this type of services.\ \ The\nterms and conditions of such technical assistance, and/or such\nmaintenance, shall\ \ be set forth in a separate instrument. Only the\nLicensor offering said maintenance and/or\ \ technical assistance services\nshall incur liability therefor.\n\n7.2 Similarly, any Licensor\ \ is entitled to offer to its licensees, under\nits sole responsibility, a warranty, that\ \ shall only be binding upon\nitself, for the redistribution of the Software and/or the Modified\n\ Software, under terms and conditions that it is free to decide. Said\nwarranty, and the financial\ \ terms and conditions of its application,\nshall be subject of a separate instrument executed\ \ between the Licensor\nand the Licensee.\n\n\n Article 8 - LIABILITY\n\n8.1 Subject to\ \ the provisions of Article 8.2, the Licensee shall be\nentitled to claim compensation for\ \ any direct loss it may have suffered\nfrom the Software as a result of a fault on the part\ \ of the relevant\nLicensor, subject to providing evidence thereof.\n\n8.2 The Licensor's\ \ liability is limited to the commitments made under\nthis Agreement and shall not be incurred\ \ as a result of in particular:\n(i) loss due the Licensee's total or partial failure to fulfill\ \ its\nobligations, (ii) direct or consequential loss that is suffered by the\nLicensee due\ \ to the use or performance of the Software, and (iii) more\ngenerally, any consequential\ \ loss. In particular the Parties expressly\nagree that any or all pecuniary or business loss\ \ (i.e. loss of data,\nloss of profits, operating loss, loss of customers or orders,\nopportunity\ \ cost, any disturbance to business activities) or any or all\nlegal proceedings instituted\ \ against the Licensee by a third party,\nshall constitute consequential loss and shall not\ \ provide entitlement to\nany or all compensation from the Licensor.\n\n\n Article 9 -\ \ WARRANTY\n\n9.1 The Licensee acknowledges that the scientific and technical\nstate-of-the-art\ \ when the Software was distributed did not enable all\npossible uses to be tested and verified,\ \ nor for the presence of\npossible defects to be detected. In this respect, the Licensee's\n\ attention has been drawn to the risks associated with loading, using,\nmodifying and/or developing\ \ and reproducing the Software which are\nreserved for experienced users.\n\nThe Licensee\ \ shall be responsible for verifying, by any or all means,\nthe suitability of the product\ \ for its requirements, its good working\norder, and for ensuring that it shall not cause\ \ damage to either persons\nor properties.\n\n9.2 The Licensor hereby represents, in good\ \ faith, that it is entitled\nto grant all the rights over the Software (including in particular\ \ the\nrights set forth in Article 5).\n\n9.3 The Licensee acknowledges that the Software\ \ is supplied \"as is\" by\nthe Licensor without any other express or tacit warranty, other\ \ than\nthat provided for in Article 9.2 and, in particular, without any warranty \nas to\ \ its commercial value, its secured, safe, innovative or relevant\nnature.\n\nSpecifically,\ \ the Licensor does not warrant that the Software is free\nfrom any error, that it will operate\ \ without interruption, that it will\nbe compatible with the Licensee's own equipment and\ \ software\nconfiguration, nor that it will meet the Licensee's requirements.\n\n9.4 The Licensor\ \ does not either expressly or tacitly warrant that the\nSoftware does not infringe any third\ \ party intellectual property right\nrelating to a patent, software or any other property\ \ right. Therefore,\nthe Licensor disclaims any and all liability towards the Licensee\narising\ \ out of any or all proceedings for infringement that may be\ninstituted in respect of the\ \ use, modification and redistribution of the\nSoftware. Nevertheless, should such proceedings\ \ be instituted against\nthe Licensee, the Licensor shall provide it with technical and legal\n\ assistance for its defense. Such technical and legal assistance shall be\ndecided on a case-by-case\ \ basis between the relevant Licensor and the\nLicensee pursuant to a memorandum of understanding.\ \ The Licensor\ndisclaims any and all liability as regards the Licensee's use of the\nname\ \ of the Software. No warranty is given as regards the existence of\nprior rights over the\ \ name of the Software or as regards the existence\nof a trademark.\n\n\n Article 10 -\ \ TERMINATION\n\n10.1 In the event of a breach by the Licensee of its obligations\nhereunder,\ \ the Licensor may automatically terminate this Agreement\nthirty (30) days after notice has\ \ been sent to the Licensee and has\nremained ineffective.\n\n10.2 A Licensee whose Agreement\ \ is terminated shall no longer be\nauthorized to use, modify or distribute the Software.\ \ However, any\nlicenses that it may have granted prior to termination of the Agreement\n\ shall remain valid subject to their having been granted in compliance\nwith the terms and\ \ conditions hereof.\n\n\n Article 11 - MISCELLANEOUS\n\n\n 11.1 EXCUSABLE EVENTS\n\ \nNeither Party shall be liable for any or all delay, or failure to\nperform the Agreement,\ \ that may be attributable to an event of force\nmajeure, an act of God or an outside cause,\ \ such as defective\nfunctioning or interruptions of the electricity or telecommunications\n\ networks, network paralysis following a virus attack, intervention by\ngovernment authorities,\ \ natural disasters, water damage, earthquakes,\nfire, explosions, strikes and labor unrest,\ \ war, etc.\n\n11.2 Any failure by either Party, on one or more occasions, to invoke\none\ \ or more of the provisions hereof, shall under no circumstances be\ninterpreted as being\ \ a waiver by the interested Party of its right to\ninvoke said provision(s) subsequently.\n\ \n11.3 The Agreement cancels and replaces any or all previous agreements,\nwhether written\ \ or oral, between the Parties and having the same\npurpose, and constitutes the entirety\ \ of the agreement between said\nParties concerning said purpose. No supplement or modification\ \ to the\nterms and conditions hereof shall be effective as between the Parties\nunless it\ \ is made in writing and signed by their duly authorized\nrepresentatives.\n\n11.4 In the\ \ event that one or more of the provisions hereof were to\nconflict with a current or future\ \ applicable act or legislative text,\nsaid act or legislative text shall prevail, and the\ \ Parties shall make\nthe necessary amendments so as to comply with said act or legislative\n\ text. All other provisions shall remain effective. Similarly, invalidity\nof a provision of\ \ the Agreement, for any reason whatsoever, shall not\ncause the Agreement as a whole to be\ \ invalid.\n\n\n 11.5 LANGUAGE\n\nThe Agreement is drafted in both French and English\ \ and both versions\nare deemed authentic.\n\n\n Article 12 - NEW VERSIONS OF THE AGREEMENT\n\ \n12.1 Any person is authorized to duplicate and distribute copies of this\nAgreement.\n\n\ 12.2 So as to ensure coherence, the wording of this Agreement is\nprotected and may only be\ \ modified by the authors of the License, who\nreserve the right to periodically publish updates\ \ or new versions of the\nAgreement, each with a separate number. These subsequent versions\ \ may\naddress new issues encountered by Free Software.\n\n12.3 Any Software distributed under\ \ a given version of the Agreement may\nonly be subsequently distributed under the same version\ \ of the Agreement\nor a subsequent version, subject to the provisions of Article 5.3.4.\n\ \n\n Article 13 - GOVERNING LAW AND JURISDICTION\n\n13.1 The Agreement is governed by French\ \ law. The Parties agree to\nendeavor to seek an amicable solution to any disagreements or\ \ disputes\nthat may arise during the performance of the Agreement.\n\n13.2 Failing an amicable\ \ solution within two (2) months as from their\noccurrence, and unless emergency proceedings\ \ are necessary, the\ndisagreements or disputes shall be referred to the Paris Courts having\n\ jurisdiction, by the more diligent Party.\n\n\nVersion 2.0 dated 2006-09-05."