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5 …s a free software license that is the result of discussions between its authors in order to ensure…
6 …ench law, both as regards the law of torts and intellectual property law, and the protection that …
7 …- secondly, compliance with the principles for the distribution of free software: access to source…
9 The following bodies are the authors of this license CeCILL (Ce : CEA, C : CNRS, I : INRIA, LL : Lo…
19 The purpose of this Free Software Licensing Agreement is to grant users the right to modify and red…
21 The exercising of these rights is conditional upon certain obligations for users so as to ensure th…
23the access to the source code and rights to copy, modify and redistribute granted by the license, …
25the user's attention that the risks associated with loading, using, modifying and/or developing or…
27 …ement may apply to any or all software for which the holder of the economic rights decides to subm…
31 For the purposes of this Agreement, when the following expressions commence with a capital letter, …
35 …ns the software in its Object Code and/or Source Code form and, where applicable, its documentatio…
37the Software in its Source Code and/or Object Code form and, where applicable, its documentation, …
39 Modified Software: means the Software modified by at least one Contribution.
41 Source Code: means all the Software's instructions and program lines to which access is required so…
43 Object Code: means the binary files originating from the compilation of the Source Code.
45 Holder: means the holder of the economic rights over the Initial Software.
47 Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
51 Licensor: means the Holder, or any or all other individual or legal entity, that distributes the So…
53 …aptations and/or new functionalities integrated into the Software by any or all Contributor, and t…
55 …lementary functionalities or services to be developed in addition to those offered by the Software.
57the Contributor, that is independent of the Software, so that this module and the Software are in …
59 … created by the Contributor and connected to the Software by a static link that makes their object…
61 Parties: mean both the Licensee and the Licensor.
67 The purpose of the Agreement is to enable the Licensor to grant the Licensee a free, non-exclusive,…
71 3.1. The Licensee shall be deemed as having accepted the terms and conditions of this Agreement by
72 …(i) loading the Software by any or all means, notably, by downloading from a remote server, or by …
73 (ii) the first time the Licensee exercises any of the rights granted hereunder.
75the Agreement, containing a notice relating to the specific nature of the Software, to the limited…
81 The Agreement shall become effective on the date when it is accepted by the Licensee as set forth i…
85 The Agreement shall remain in force during the whole legal term of protection of the economic right…
87 Article 5 - SCOPE OF THE RIGHTS GRANTED ---------------------------------------
89 The Licensor hereby grants to the Licensee, that accepts such, the following rights as regards the
91 …, the Licensor grants to the Licensee free of charge exploitation rights on the patents he holds o…
95 The Licensee is authorized to use the Software, unrestrictedly, as regards the fields of applicatio…
96 …1. permanent or temporary reproduction of all or part of the Software by any or all means and in a…
97 2. loading, displaying, running, or storing the Software on any or all medium.
98the operation thereof so as to establish the ideas and principles that form the basis for any or a…
102 The right to make Contributions includes the right to translate, adapt, arrange, or make any or all…
104 The Licensee is authorized to make any or all Contribution to the Software provided that it explici…
108the right of distribution and publication includes the right to transmit and communicate the Softw…
112 The Licensee is authorized to redistribute true copies of the Software in Source Code or Object Cod…
114 1. a copy of the Agreement,
115 …2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth …
117the event that only the Software's Object Code is redistributed, the Licensee allows future Licens…
121the Licensee makes a Contribution to the Software, the terms and conditions for the redistribution…
123 The Licensee is authorized to redistribute the Modified Software, in Source Code or Object Code for…
125 1. a copy of the Agreement,
126 …2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth …
128the event that only the Modified Software's Object Code is redistributed, the Licensee allows futu…
132 When the Licensee has developed a Dynamic Module, the terms and conditions hereof do not apply to s…
134 5.3.4. COMPATIBILITY WITH THE GPL LICENSE
136the event that the Modified or unmodified Software is included in a code that is subject to the pr…
138the event that the Modified Software includes a code that is subject to the provisions of the GPL …
142 6.1. OVER THE INITIAL SOFTWARE
144 The Holder owns the economic rights over the Initial Software. Any or all use of the Initial Softwa…
146 The Holder undertakes to maintain the distribution of the Initial Software under the conditions of
148 6.2. OVER THE CONTRIBUTIONS
150 The intellectual property rights over the Contributions belong to the holder of the economic rights…
152 6.3. OVER THE DYNAMIC MODULES
154 The Licensee having developed a Dynamic Module is the holder of the intellectual property rights ov…
158 6.4.1. The Licensee expressly undertakes:
160 …1. not to remove, or modify, in any or all manner, the intellectual property notices affixed to th…
161 2. to reproduce said notices, in an identical manner, in the copies of the Software.
163The Licensee undertakes not to directly or indirectly infringe the intellectual property rights of…
167 …nder no circumstances shall the Agreement oblige the Licensor to provide technical assistance or m…
169the Licensor is entitled to offer this type of service. The terms and conditions of such technical…
171the redistribution of the Software and/or the Modified Software, under terms and conditions that i…
175the provisions of Article 8.2, should the Licensor fail to fulfill all or part of its obligations …
177The Licensor's liability is limited to the commitments made under this Licensing Agreement and sha…
181The Licensee acknowledges that the current situation as regards scientific and technical know-how …
183 The Licensee shall be responsible for verifying, by any or all means, the product's suitability for…
185The Licensor hereby represents, in good faith, that it is entitled to grant all the rights on the
187 9.3. The Licensee acknowledges that the Software is supplied "as is" by the Licensor without any or…
189the Licensor does not warrant that the Software is free from any or all error, that it shall opera…
191The Licensor does not either expressly or tacitly warrant that the Software does not infringe any …
195the event of a breach by the Licensee of its obligations hereunder, the Licensor may automatically…
197The Licensee whose Agreement is terminated shall no longer be authorized to use, modify or distrib…
203the Agreement, that may be attributable to an event of force majeure, an act of God or an outside …
205The fact that either Party may fail, on one or several occasions, to invoke one or several of the
207The Agreement cancels and replaces any or all previous agreement, whether written or oral, between…
209the event that one or several of the provisions hereof were to conflict with a current or future a…
213 The Agreement is drafted in both French and English. In the event of a conflict as regards construc…
215 Article 12 - NEW VERSIONS OF THE AGREEMENT
219the wording of this Agreement is protected and may only be modified by the authors of the License,…
221 …version of the Agreement may only be subsequently distributed under the same version of the Agreem…
225The Agreement is governed by French law. The Parties agree to endeavor to settle the disagreements…
227the absence of an out-of-court settlement within two (2) months as from their occurrence, and unle…