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9 This Agreement is a Free Software license agreement that is the result
11 the two main principles guiding its drafting:
13 * firstly, compliance with the principles governing the distribution
15 * secondly, the election of a governing law, French law, with which it
16 is conformant, both as regards the law of torts and intellectual
17 property law, and the protection that it offers to both authors and
18 holders of the economic rights over software.
20 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
40 The purpose of this Free Software license agreement is to grant users
41 the right to modify and redistribute the software governed by this
42 license within the framework of an open source distribution model.
44 The exercising of this right is conditional upon certain obligations for
47 In consideration of access to the source code and the rights to copy,
48 modify and redistribute granted by the license, users are provided only
49 with a limited warranty and the software's author, the holder of the
50 economic rights, and the successive licensors only have limited liability.
52 In this respect, the risks associated with loading, using, modifying
53 and/or developing or reproducing the software by the user are brought to
54 the user's attention, given its Free Software status, which may make it
55 complicated to use, with the result that its use is reserved for
57 knowledge. Users are therefore encouraged to load and test the
58 suitability of the software as regards their requirements in conditions
59 enabling the security of their systems and/or data to be ensured and,
60 more generally, to use and operate it in the same conditions of
65 This Agreement may apply to any or all software for which the holder of
66 the economic rights decides to submit the use thereof to its provisions.
68 Frequently asked questions can be found on the official website of the
75 For the purpose of this Agreement, when the following expressions
76 commence with a capital letter, they shall have the following meaning:
81 Software: means the software in its Object Code and/or Source Code form
82 and, where applicable, its documentation, "as is" when the Licensee
83 accepts the Agreement.
85 Initial Software: means the Software in its Source Code and possibly its
87 it is first distributed under the terms and conditions of the Agreement.
89 Modified Software: means the Software modified by at least one
92 Source Code: means all the Software's instructions and program lines to
93 which access is required so as to modify the Software.
95 Object Code: means the binary files originating from the compilation of
96 the Source Code.
98 Holder: means the holder(s) of the economic rights over the Initial
101 Licensee: means the Software user(s) having accepted the Agreement.
105 Licensor: means the Holder, or any other individual or legal entity, who
106 distributes the Software under the Agreement.
109 adaptations and/or new functions integrated into the Software by any or
114 by the Software.
116 External Module: means any or all Modules, not derived from the
117 Software, so that this Module and the Software run in separate address
118 spaces, with one calling the other when they are run.
120 Internal Module: means any or all Module, connected to the Software so
121 that they both execute in the same address space.
123 GNU GPL: means the GNU General Public License version 2 or any
124 subsequent version, as published by the Free Software Foundation Inc.
126 GNU Affero GPL: means the GNU Affero General Public License version 3 or
127 any subsequent version, as published by the Free Software Foundation Inc.
129 EUPL: means the European Union Public License version 1.1 or any
130 subsequent version, as published by the European Commission.
132 Parties: mean both the Licensee and the Licensor.
139 The purpose of the Agreement is the grant by the Licensor to the
140 Licensee of a non-exclusive, transferable and worldwide license for the
141 Software as set forth in Article 5 <#scope> hereinafter for the whole
142 term of the protection granted by the rights over said Software.
147 3.1 The Licensee shall be deemed as having accepted the terms and
148 conditions of this Agreement upon the occurrence of the first of the
151 * (i) loading the Software by any or all means, notably, by
153 * (ii) the first time the Licensee exercises any of the rights granted
156 3.2 One copy of the Agreement, containing a notice relating to the
157 characteristics of the Software, to the limited warranty, and to the
159 to the Licensee prior to its acceptance as set forth in Article 3.1
160 <#accepting> hereinabove, and the Licensee hereby acknowledges that it
169 The Agreement shall become effective on the date when it is accepted by
170 the Licensee as set forth in Article 3.1 <#accepting>.
175 The Agreement shall remain in force for the entire legal term of
176 protection of the economic rights over the Software.
181 The Licensor hereby grants to the Licensee, who accepts, the following
182 rights over the Software for any or all use, and for the term of the
183 Agreement, on the basis of the terms and conditions set forth hereinafter.
185 Besides, if the Licensor owns or comes to own one or more patents
186 protecting all or part of the functions of the Software or of its
187 components, the Licensor undertakes not to enforce the rights granted by
189 modifying the Software. If these patents are transferred, the Licensor
190 undertakes to have the transferees subscribe to the obligations set
196 The Licensee is authorized to use the Software, without any limitation
200 1. permanent or temporary reproduction of all or part of the Software
203 2. loading, displaying, running, or storing the Software on any or all
207 determine the ideas and principles behind any or all constituent
208 elements of said Software. This shall apply when the Licensee
210 storage operation as regards the Software, that it is entitled to
216 The right to make Contributions includes the right to translate, adapt,
217 arrange, or make any or all modifications to the Software, and the right
218 to reproduce the resulting software.
220 The Licensee is authorized to make any or all Contributions to the
221 Software provided that it includes an explicit notice that it is the
222 author of said Contribution and indicates the date of the creation thereof.
227 In particular, the right of distribution includes the right to publish,
228 transmit and communicate the Software to the general public on any or
229 all medium, and by any or all means, and the right to market, either in
230 consideration of a fee, or free of charge, one or more copies of the
233 The Licensee is further authorized to distribute copies of the modified
234 or unmodified Software to third parties according to the terms and
240 The Licensee is authorized to distribute true copies of the Software in
242 complies with all the provisions of the Agreement and is accompanied by:
244 1. a copy of the Agreement,
246 2. a notice relating to the limitation of both the Licensor's warranty
249 and that, in the event that only the Object Code of the Software is
250 redistributed, the Licensee allows effective access to the full Source
251 Code of the Software for a period of at least three years from the
252 distribution of the Software, it being understood that the additional
253 acquisition cost of the Source Code shall not exceed the cost of the
259 When the Licensee makes a Contribution to the Software, the terms and
260 conditions for the distribution of the resulting Modified Software
261 become subject to all the provisions of this Agreement.
263 The Licensee is authorized to distribute the Modified Software, in
265 complies with all the provisions of the Agreement and is accompanied by:
267 1. a copy of the Agreement,
269 2. a notice relating to the limitation of both the Licensor's warranty
272 and, in the event that only the object code of the Modified Software is
275 3. a note stating the conditions of effective access to the full source
276 code of the Modified Software for a period of at least three years
277 from the distribution of the Modified Software, it being understood
278 that the additional acquisition cost of the source code shall not
279 exceed the cost of the data transfer.
284 When the Licensee has developed an External Module, the terms and
291 The Licensee can include a code that is subject to the provisions of one
292 of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the
294 the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
296 The Licensee can include the Modified or unmodified Software in a code
297 that is subject to the provisions of one of the versions of the GNU GPL,
298 GNU Affero GPL and/or EUPL and distribute that entire code under the
299 terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
305 6.1 OVER THE INITIAL SOFTWARE
307 The Holder owns the economic rights over the Initial Software. Any or
308 all use of the Initial Software is subject to compliance with the terms
309 and conditions under which the Holder has elected to distribute its work
310 and no one shall be entitled to modify the terms and conditions for the
313 The Holder undertakes that the Initial Software will remain ruled at
314 least by this Agreement, for the duration set forth in Article 4.2 <#term>.
317 6.2 OVER THE CONTRIBUTIONS
319 The Licensee who develops a Contribution is the owner of the
324 6.3 OVER THE EXTERNAL MODULES
326 The Licensee who develops an External Module is the owner of the
328 applicable law and is free to choose the type of agreement that shall
334 The Licensee expressly undertakes:
336 1. not to remove, or modify, in any manner, the intellectual property
337 notices attached to the Software;
339 2. to reproduce said notices, in an identical manner, in the copies of
340 the Software modified or not.
342 The Licensee undertakes not to directly or indirectly infringe the
343 intellectual property rights on the Software of the Holder and/or
346 property rights of the Holder and/or Contributors.
351 7.1 Under no circumstances shall the Agreement oblige the Licensor to
352 provide technical assistance or maintenance services for the Software.
354 However, the Licensor is entitled to offer this type of services. The
356 maintenance, shall be set forth in a separate instrument. Only the
362 itself, for the redistribution of the Software and/or the Modified
364 warranty, and the financial terms and conditions of its application,
365 shall be subject of a separate instrument executed between the Licensor
366 and the Licensee.
371 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
373 from the Software as a result of a fault on the part of the relevant
376 8.2 The Licensor's liability is limited to the commitments made under
378 (i) loss due the Licensee's total or partial failure to fulfill its
379 obligations, (ii) direct or consequential loss that is suffered by the
380 Licensee due to the use or performance of the Software, and (iii) more
381 generally, any consequential loss. In particular the Parties expressly
385 legal proceedings instituted against the Licensee by a third party,
387 any or all compensation from the Licensor.
392 9.1 The Licensee acknowledges that the scientific and technical
393 state-of-the-art when the Software was distributed did not enable all
394 possible uses to be tested and verified, nor for the presence of
395 possible defects to be detected. In this respect, the Licensee's
396 attention has been drawn to the risks associated with loading, using,
397 modifying and/or developing and reproducing the Software which are
400 The Licensee shall be responsible for verifying, by any or all means,
401 the suitability of the product for its requirements, its good working
405 9.2 The Licensor hereby represents, in good faith, that it is entitled
406 to grant all the rights over the Software (including in particular the
409 9.3 The Licensee acknowledges that the Software is supplied "as is" by
410 the Licensor without any other express or tacit warranty, other than
415 Specifically, the Licensor does not warrant that the Software is free
417 be compatible with the Licensee's own equipment and software
418 configuration, nor that it will meet the Licensee's requirements.
420 9.4 The Licensor does not either expressly or tacitly warrant that the
423 the Licensor disclaims any and all liability towards the Licensee
425 instituted in respect of the use, modification and redistribution of the
427 the Licensee, the Licensor shall provide it with technical and legal
429 decided on a case-by-case basis between the relevant Licensor and the
430 Licensee pursuant to a memorandum of understanding. The Licensor
431 disclaims any and all liability as regards the Licensee's use of the
432 name of the Software. No warranty is given as regards the existence of
433 prior rights over the name of the Software or as regards the existence
439 10.1 In the event of a breach by the Licensee of its obligations
440 hereunder, the Licensor may automatically terminate this Agreement
441 thirty (30) days after notice has been sent to the Licensee and has
445 authorized to use, modify or distribute the Software. However, any
446 licenses that it may have granted prior to termination of the Agreement
448 with the terms and conditions hereof.
457 perform the Agreement, that may be attributable to an event of force
459 functioning or interruptions of the electricity or telecommunications
465 one or more of the provisions hereof, shall under no circumstances be
466 interpreted as being a waiver by the interested Party of its right to
469 11.3 The Agreement cancels and replaces any or all previous agreements,
470 whether written or oral, between the Parties and having the same
471 purpose, and constitutes the entirety of the agreement between said
472 Parties concerning said purpose. No supplement or modification to the
473 terms and conditions hereof shall be effective as between the Parties
477 11.4 In the event that one or more of the provisions hereof were to
479 said act or legislative text shall prevail, and the Parties shall make
480 the necessary amendments so as to comply with said act or legislative
482 of a provision of the Agreement, for any reason whatsoever, shall not
483 cause the Agreement as a whole to be invalid.
488 The Agreement is drafted in both French and English and both versions
492 Article 12 - NEW VERSIONS OF THE AGREEMENT
497 12.2 So as to ensure coherence, the wording of this Agreement is
498 protected and may only be modified by the authors of the License, who
499 reserve the right to periodically publish updates or new versions of the
503 12.3 Any Software distributed under a given version of the Agreement may
504 only be subsequently distributed under the same version of the Agreement
505 or a subsequent version, subject to the provisions of Article 5.3.4
511 13.1 The Agreement is governed by French law. The Parties agree to
513 that may arise during the performance of the Agreement.
516 occurrence, and unless emergency proceedings are necessary, the
517 disagreements or disputes shall be referred to the Paris Courts having
518 jurisdiction, by the more diligent Party.