key: cecill-2.1 short_name: CeCILL 2.1 name: CeCILL Free Software License Agreement v2.1 category: Copyleft Limited owner: CeCILL homepage_url: http://www.cecill.info/licences/Licence_CeCILL_V2.1-fr.html spdx_license_key: CECILL-2.1 osi_license_key: CECILL-2.1 text_urls: - http://www.cecill.info/licences/Licence_CeCILL_V2.1-en.html - http://www.cecill.info/licences/Licence_CeCILL_V2.1-en.txt - http://www.cecill.info/licences/Licence_CeCILL_V2.1-fr.html - http://www.cecill.info/licences/Licence_CeCILL_V2.1-fr.txt osi_url: http://opensource.org/licenses/CECILL-2.1 other_urls: - http://www.cecill.info/licences/Licence_CeCILL_V2.1-en.html ignorable_urls: - http://www.cecill.info/index.en.html text: " CeCILL FREE SOFTWARE LICENSE AGREEMENT\n\nVersion 2.1 dated 2013-06-21\n\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 users,\n * secondly, the election of a governing\ \ law, French law, with which it\n is conformant, both as regards the law of torts and\ \ intellectual\n property law, and the protection that it offers to both authors and\n\ \ 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'énergie atomique\ \ et aux énergies alternatives - CEA, a\npublic scientific, technical and industrial research\ \ establishment,\nhaving its principal place of business at 25 rue Leblanc, immeuble Le\n\ 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\n\ license within the framework of an open source distribution model.\n\nThe exercising of this\ \ right is conditional upon certain obligations for\nusers 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\n\ with 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\n\ complicated 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\n\ enabling 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\n\ removed 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\nFrequently\ \ asked questions can be found on the official website of the\nCeCILL licenses family (http://www.cecill.info/index.en.html)\ \ for any \nnecessary clarification.\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\nand, where applicable, its documentation, \"as is\" when the Licensee\n\ accepts 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\nGNU Affero GPL: means\ \ the GNU Affero General Public License version 3 or\nany subsequent version, as published\ \ by the Free Software Foundation Inc.\n\nEUPL: means the European Union Public License version\ \ 1.1 or any\nsubsequent version, as published by the European Commission.\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 <#scope> hereinafter for the whole\nterm of the\ \ protection granted by the rights over said Software.\n\n\n Article 3 - ACCEPTANCE\n\n\ 3.1 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 medium;\n * (ii) the first time the Licensee exercises any of the rights granted\n\ \ 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\n<#accepting> hereinabove, and the Licensee hereby acknowledges that it\n\ has read and 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 <#accepting>.\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\n\ modifying 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\n\ as 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 all\n 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 or\n storage operation as regards the Software, that\ \ it is entitled to\n 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 warranty\n 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\ \ effective access to the full Source\nCode of the Software for a period of at least three\ \ years from the\ndistribution of the Software, it being understood that the additional\n\ acquisition cost of the Source Code shall not exceed the cost of the\ndata transfer.\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\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 warranty\n and liability as set forth in Articles 8 and 9,\n\nand, in the\ \ event that only the object code of the Modified Software is\nredistributed,\n\n 3. a note\ \ stating the conditions of effective access to the full source\n code of the Modified\ \ Software for a period of at least three years\n from the distribution of the Modified\ \ Software, it being understood\n that the additional acquisition cost of the source code\ \ shall not\n exceed the cost of the data transfer.\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 OTHER LICENSES\n\ \nThe Licensee can include a code that is subject to the provisions of one\nof the versions\ \ of the GNU GPL, GNU Affero GPL and/or EUPL in the\nModified or unmodified Software, and\ \ distribute that entire code under\nthe terms of the same version of the GNU GPL, GNU Affero\ \ GPL and/or EUPL.\n\nThe Licensee can include the Modified or unmodified Software in a code\n\ that is subject to the provisions of one of the versions of the GNU GPL,\nGNU Affero GPL and/or\ \ EUPL and distribute that entire code under the\nterms of the same version of the GNU GPL,\ \ GNU Affero GPL and/or EUPL.\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 <#term>.\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 of\n the Software modified or not.\n\nThe Licensee undertakes\ \ not to directly or indirectly infringe the\nintellectual property rights on the Software\ \ of the Holder and/or\nContributors, and to take, where applicable, vis-à-vis its staff,\ \ any\nand all measures required to ensure respect of said intellectual\nproperty rights of\ \ 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 <#scope>).\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 <#good-faith> and, in particular,\nwithout\ \ any warranty as to its commercial value, its secured, safe,\ninnovative or relevant nature.\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\nexpertise for its defense. Such technical and legal expertise 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\n\ hereunder, 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\ <#compatibility>.\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\njurisdiction, by the more diligent Party."