source: XIOS/dev/dev_cmip6_omp/Licence.txt @ 1606

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1
2
3       ------------------ XIOS Licence ---------------
4
5
6
7XIOS is under CeCILL_V2 licence. See "Licence_CeCILL_V2-en.txt" file for an english
8version of the licence and "Licence_CeCILL_V2-fr.txt" for a french version.
9
10All files in the src directory are submitted to the Cecill Licence.
11
12
13
14XIOS use internally some other packages that are submitted to other free licence :
15
16
17- boost C++ library : http://www.boost.org
18  ---> Boost software licence : http://www.boost.org/users/license.html
19 
20
21- blitz++ : http://blitz.sourceforge.net/
22  ---> GNU LESSER GENERAL PUBLIC LICENSE V3 : https://www.gnu.org/licenses/lgpl.html
23 
24
25- RapidXML : http://rapidxml.sourceforge.net/
26  ---> Boost software licence : http://www.boost.org/users/license.html
27 
28
29 - FCM : http://www.metoffice.gov.uk/research/collaboration/fcm
30 ---> GNU GENERAL PUBLIC LICENSE V3 : https://www.gnu.org/licenses/lgpl.html
31 
32 
33
34---------------------------------------------------------------------------
35
36         Boost Software License - Version 1.0 - August 17th, 2003
37
38Permission is hereby granted, free of charge, to any person or organization
39obtaining a copy of the software and accompanying documentation covered by
40this license (the "Software") to use, reproduce, display, distribute,
41execute, and transmit the Software, and to prepare derivative works of the
42Software, and to permit third-parties to whom the Software is furnished to
43do so, all subject to the following:
44
45The copyright notices in the Software and this entire statement, including
46the above license grant, this restriction and the following disclaimer,
47must be included in all copies of the Software, in whole or in part, and
48all derivative works of the Software, unless such copies or derivative
49works are solely in the form of machine-executable object code generated by
50a source language processor.
51
52THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
53IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
54FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
55SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE
56FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,
57ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
58DEALINGS IN THE SOFTWARE.
59
60
61----------------------------------------------------------------------------
62 
63
64
65                   GNU LESSER GENERAL PUBLIC LICENSE
66                       Version 3, 29 June 2007
67
68 Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
69 Everyone is permitted to copy and distribute verbatim copies
70 of this license document, but changing it is not allowed.
71
72
73  This version of the GNU Lesser General Public License incorporates
74the terms and conditions of version 3 of the GNU General Public
75License, supplemented by the additional permissions listed below.
76
77  0. Additional Definitions.
78
79  As used herein, "this License" refers to version 3 of the GNU Lesser
80General Public License, and the "GNU GPL" refers to version 3 of the GNU
81General Public License.
82
83  "The Library" refers to a covered work governed by this License,
84other than an Application or a Combined Work as defined below.
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86  An "Application" is any work that makes use of an interface provided
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232
233
234
235------------------------------------------------------------------------
236
237
238                    GNU GENERAL PUBLIC LICENSE
239                       Version 3, 29 June 2007
240
241 Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
242 Everyone is permitted to copy and distribute verbatim copies
243 of this license document, but changing it is not allowed.
244
245                            Preamble
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573
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578unpacking, reading or copying.
579
580  7. Additional Terms.
581
582  "Additional permissions" are terms that supplement the terms of this
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590
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601
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604
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611    reasonable ways as different from the original version; or
612
613    d) Limiting the use for publicity purposes of names of licensors or
614    authors of the material; or
615
616    e) Declining to grant rights under trademark law for use of some
617    trade names, trademarks, or service marks; or
618
619    f) Requiring indemnification of licensors and authors of that
620    material by anyone who conveys the material (or modified versions of
621    it) with contractual assumptions of liability to the recipient, for
622    any liability that these contractual assumptions directly impose on
623    those licensors and authors.
624
625  All other non-permissive additional terms are considered "further
626restrictions" within the meaning of section 10.  If the Program as you
627received it, or any part of it, contains a notice stating that it is
628governed by this License along with a term that is a further
629restriction, you may remove that term.  If a license document contains
630a further restriction but permits relicensing or conveying under this
631License, you may add to a covered work material governed by the terms
632of that license document, provided that the further restriction does
633not survive such relicensing or conveying.
634
635  If you add terms to a covered work in accord with this section, you
636must place, in the relevant source files, a statement of the
637additional terms that apply to those files, or a notice indicating
638where to find the applicable terms.
639
640  Additional terms, permissive or non-permissive, may be stated in the
641form of a separately written license, or stated as exceptions;
642the above requirements apply either way.
643
644  8. Termination.
645
646  You may not propagate or modify a covered work except as expressly
647provided under this License.  Any attempt otherwise to propagate or
648modify it is void, and will automatically terminate your rights under
649this License (including any patent licenses granted under the third
650paragraph of section 11).
651
652  However, if you cease all violation of this License, then your
653license from a particular copyright holder is reinstated (a)
654provisionally, unless and until the copyright holder explicitly and
655finally terminates your license, and (b) permanently, if the copyright
656holder fails to notify you of the violation by some reasonable means
657prior to 60 days after the cessation.
658
659  Moreover, your license from a particular copyright holder is
660reinstated permanently if the copyright holder notifies you of the
661violation by some reasonable means, this is the first time you have
662received notice of violation of this License (for any work) from that
663copyright holder, and you cure the violation prior to 30 days after
664your receipt of the notice.
665
666  Termination of your rights under this section does not terminate the
667licenses of parties who have received copies or rights from you under
668this License.  If your rights have been terminated and not permanently
669reinstated, you do not qualify to receive new licenses for the same
670material under section 10.
671
672  9. Acceptance Not Required for Having Copies.
673
674  You are not required to accept this License in order to receive or
675run a copy of the Program.  Ancillary propagation of a covered work
676occurring solely as a consequence of using peer-to-peer transmission
677to receive a copy likewise does not require acceptance.  However,
678nothing other than this License grants you permission to propagate or
679modify any covered work.  These actions infringe copyright if you do
680not accept this License.  Therefore, by modifying or propagating a
681covered work, you indicate your acceptance of this License to do so.
682
683  10. Automatic Licensing of Downstream Recipients.
684
685  Each time you convey a covered work, the recipient automatically
686receives a license from the original licensors, to run, modify and
687propagate that work, subject to this License.  You are not responsible
688for enforcing compliance by third parties with this License.
689
690  An "entity transaction" is a transaction transferring control of an
691organization, or substantially all assets of one, or subdividing an
692organization, or merging organizations.  If propagation of a covered
693work results from an entity transaction, each party to that
694transaction who receives a copy of the work also receives whatever
695licenses to the work the party's predecessor in interest had or could
696give under the previous paragraph, plus a right to possession of the
697Corresponding Source of the work from the predecessor in interest, if
698the predecessor has it or can get it with reasonable efforts.
699
700  You may not impose any further restrictions on the exercise of the
701rights granted or affirmed under this License.  For example, you may
702not impose a license fee, royalty, or other charge for exercise of
703rights granted under this License, and you may not initiate litigation
704(including a cross-claim or counterclaim in a lawsuit) alleging that
705any patent claim is infringed by making, using, selling, offering for
706sale, or importing the Program or any portion of it.
707
708  11. Patents.
709
710  A "contributor" is a copyright holder who authorizes use under this
711License of the Program or a work on which the Program is based.  The
712work thus licensed is called the contributor's "contributor version".
713
714  A contributor's "essential patent claims" are all patent claims
715owned or controlled by the contributor, whether already acquired or
716hereafter acquired, that would be infringed by some manner, permitted
717by this License, of making, using, or selling its contributor version,
718but do not include claims that would be infringed only as a
719consequence of further modification of the contributor version.  For
720purposes of this definition, "control" includes the right to grant
721patent sublicenses in a manner consistent with the requirements of
722this License.
723
724  Each contributor grants you a non-exclusive, worldwide, royalty-free
725patent license under the contributor's essential patent claims, to
726make, use, sell, offer for sale, import and otherwise run, modify and
727propagate the contents of its contributor version.
728
729  In the following three paragraphs, a "patent license" is any express
730agreement or commitment, however denominated, not to enforce a patent
731(such as an express permission to practice a patent or covenant not to
732sue for patent infringement).  To "grant" such a patent license to a
733party means to make such an agreement or commitment not to enforce a
734patent against the party.
735
736  If you convey a covered work, knowingly relying on a patent license,
737and the Corresponding Source of the work is not available for anyone
738to copy, free of charge and under the terms of this License, through a
739publicly available network server or other readily accessible means,
740then you must either (1) cause the Corresponding Source to be so
741available, or (2) arrange to deprive yourself of the benefit of the
742patent license for this particular work, or (3) arrange, in a manner
743consistent with the requirements of this License, to extend the patent
744license to downstream recipients.  "Knowingly relying" means you have
745actual knowledge that, but for the patent license, your conveying the
746covered work in a country, or your recipient's use of the covered work
747in a country, would infringe one or more identifiable patents in that
748country that you have reason to believe are valid.
749
750  If, pursuant to or in connection with a single transaction or
751arrangement, you convey, or propagate by procuring conveyance of, a
752covered work, and grant a patent license to some of the parties
753receiving the covered work authorizing them to use, propagate, modify
754or convey a specific copy of the covered work, then the patent license
755you grant is automatically extended to all recipients of the covered
756work and works based on it.
757
758  A patent license is "discriminatory" if it does not include within
759the scope of its coverage, prohibits the exercise of, or is
760conditioned on the non-exercise of one or more of the rights that are
761specifically granted under this License.  You may not convey a covered
762work if you are a party to an arrangement with a third party that is
763in the business of distributing software, under which you make payment
764to the third party based on the extent of your activity of conveying
765the work, and under which the third party grants, to any of the
766parties who would receive the covered work from you, a discriminatory
767patent license (a) in connection with copies of the covered work
768conveyed by you (or copies made from those copies), or (b) primarily
769for and in connection with specific products or compilations that
770contain the covered work, unless you entered into that arrangement,
771or that patent license was granted, prior to 28 March 2007.
772
773  Nothing in this License shall be construed as excluding or limiting
774any implied license or other defenses to infringement that may
775otherwise be available to you under applicable patent law.
776
777  12. No Surrender of Others' Freedom.
778
779  If conditions are imposed on you (whether by court order, agreement or
780otherwise) that contradict the conditions of this License, they do not
781excuse you from the conditions of this License.  If you cannot convey a
782covered work so as to satisfy simultaneously your obligations under this
783License and any other pertinent obligations, then as a consequence you may
784not convey it at all.  For example, if you agree to terms that obligate you
785to collect a royalty for further conveying from those to whom you convey
786the Program, the only way you could satisfy both those terms and this
787License would be to refrain entirely from conveying the Program.
788
789  13. Use with the GNU Affero General Public License.
790
791  Notwithstanding any other provision of this License, you have
792permission to link or combine any covered work with a work licensed
793under version 3 of the GNU Affero General Public License into a single
794combined work, and to convey the resulting work.  The terms of this
795License will continue to apply to the part which is the covered work,
796but the special requirements of the GNU Affero General Public License,
797section 13, concerning interaction through a network will apply to the
798combination as such.
799
800  14. Revised Versions of this License.
801
802  The Free Software Foundation may publish revised and/or new versions of
803the GNU General Public License from time to time.  Such new versions will
804be similar in spirit to the present version, but may differ in detail to
805address new problems or concerns.
806
807  Each version is given a distinguishing version number.  If the
808Program specifies that a certain numbered version of the GNU General
809Public License "or any later version" applies to it, you have the
810option of following the terms and conditions either of that numbered
811version or of any later version published by the Free Software
812Foundation.  If the Program does not specify a version number of the
813GNU General Public License, you may choose any version ever published
814by the Free Software Foundation.
815
816  If the Program specifies that a proxy can decide which future
817versions of the GNU General Public License can be used, that proxy's
818public statement of acceptance of a version permanently authorizes you
819to choose that version for the Program.
820
821  Later license versions may give you additional or different
822permissions.  However, no additional obligations are imposed on any
823author or copyright holder as a result of your choosing to follow a
824later version.
825
826  15. Disclaimer of Warranty.
827
828  THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
829APPLICABLE LAW.  EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
830HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
831OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
832THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
833PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
834IS WITH YOU.  SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
835ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
836
837  16. Limitation of Liability.
838
839  IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
840WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
841THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
842GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
843USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
844DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
845PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
846EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
847SUCH DAMAGES.
848
849  17. Interpretation of Sections 15 and 16.
850
851  If the disclaimer of warranty and limitation of liability provided
852above cannot be given local legal effect according to their terms,
853reviewing courts shall apply local law that most closely approximates
854an absolute waiver of all civil liability in connection with the
855Program, unless a warranty or assumption of liability accompanies a
856copy of the Program in return for a fee.
857
858                     END OF TERMS AND CONDITIONS
859
860            How to Apply These Terms to Your New Programs
861
862  If you develop a new program, and you want it to be of the greatest
863possible use to the public, the best way to achieve this is to make it
864free software which everyone can redistribute and change under these terms.
865
866  To do so, attach the following notices to the program.  It is safest
867to attach them to the start of each source file to most effectively
868state the exclusion of warranty; and each file should have at least
869the "copyright" line and a pointer to where the full notice is found.
870
871    <one line to give the program's name and a brief idea of what it does.>
872    Copyright (C) <year>  <name of author>
873
874    This program is free software: you can redistribute it and/or modify
875    it under the terms of the GNU General Public License as published by
876    the Free Software Foundation, either version 3 of the License, or
877    (at your option) any later version.
878
879    This program is distributed in the hope that it will be useful,
880    but WITHOUT ANY WARRANTY; without even the implied warranty of
881    MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
882    GNU General Public License for more details.
883
884    You should have received a copy of the GNU General Public License
885    along with this program.  If not, see <http://www.gnu.org/licenses/>.
886
887Also add information on how to contact you by electronic and paper mail.
888
889  If the program does terminal interaction, make it output a short
890notice like this when it starts in an interactive mode:
891
892    <program>  Copyright (C) <year>  <name of author>
893    This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
894    This is free software, and you are welcome to redistribute it
895    under certain conditions; type `show c' for details.
896
897The hypothetical commands `show w' and `show c' should show the appropriate
898parts of the General Public License.  Of course, your program's commands
899might be different; for a GUI interface, you would use an "about box".
900
901  You should also get your employer (if you work as a programmer) or school,
902if any, to sign a "copyright disclaimer" for the program, if necessary.
903For more information on this, and how to apply and follow the GNU GPL, see
904<http://www.gnu.org/licenses/>.
905
906  The GNU General Public License does not permit incorporating your program
907into proprietary programs.  If your program is a subroutine library, you
908may consider it more useful to permit linking proprietary applications with
909the library.  If this is what you want to do, use the GNU Lesser General
910Public License instead of this License.  But first, please read
911<http://www.gnu.org/philosophy/why-not-lgpl.html>.
912
913
914-----------------------------------------------------------------------------
915
916
917
918
919CeCILL FREE SOFTWARE LICENSE AGREEMENT
920
921
922    Notice
923
924This Agreement is a Free Software license agreement that is the result
925of discussions between its authors in order to ensure compliance with
926the two main principles guiding its drafting:
927
928    * firstly, compliance with the principles governing the distribution
929      of Free Software: access to source code, broad rights granted to
930      users,
931    * secondly, the election of a governing law, French law, with which
932      it is conformant, both as regards the law of torts and
933      intellectual property law, and the protection that it offers to
934      both authors and holders of the economic rights over software.
935
936The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
937license are:
938
939Commissariat à l'Energie Atomique - CEA, a public scientific, technical
940and industrial research establishment, having its principal place of
941business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
942
943Centre National de la Recherche Scientifique - CNRS, a public scientific
944and technological establishment, having its principal place of business
945at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
946
947Institut National de Recherche en Informatique et en Automatique -
948INRIA, a public scientific and technological establishment, having its
949principal place of business at Domaine de Voluceau, Rocquencourt, BP
950105, 78153 Le Chesnay cedex, France.
951
952
953    Preamble
954
955The purpose of this Free Software license agreement is to grant users
956the right to modify and redistribute the software governed by this
957license within the framework of an open source distribution model.
958
959The exercising of these rights is conditional upon certain obligations
960for users so as to preserve this status for all subsequent redistributions.
961
962In consideration of access to the source code and the rights to copy,
963modify and redistribute granted by the license, users are provided only
964with a limited warranty and the software's author, the holder of the
965economic rights, and the successive licensors only have limited liability.
966
967In this respect, the risks associated with loading, using, modifying
968and/or developing or reproducing the software by the user are brought to
969the user's attention, given its Free Software status, which may make it
970complicated to use, with the result that its use is reserved for
971developers and experienced professionals having in-depth computer
972knowledge. Users are therefore encouraged to load and test the
973suitability of the software as regards their requirements in conditions
974enabling the security of their systems and/or data to be ensured and,
975more generally, to use and operate it in the same conditions of
976security. This Agreement may be freely reproduced and published,
977provided it is not altered, and that no provisions are either added or
978removed herefrom.
979
980This Agreement may apply to any or all software for which the holder of
981the economic rights decides to submit the use thereof to its provisions.
982
983
984    Article 1 - DEFINITIONS
985
986For the purpose of this Agreement, when the following expressions
987commence with a capital letter, they shall have the following meaning:
988
989Agreement: means this license agreement, and its possible subsequent
990versions and annexes.
991
992Software: means the software in its Object Code and/or Source Code form
993and, where applicable, its documentation, "as is" when the Licensee
994accepts the Agreement.
995
996Initial Software: means the Software in its Source Code and possibly its
997Object Code form and, where applicable, its documentation, "as is" when
998it is first distributed under the terms and conditions of the Agreement.
999
1000Modified Software: means the Software modified by at least one
1001Contribution.
1002
1003Source Code: means all the Software's instructions and program lines to
1004which access is required so as to modify the Software.
1005
1006Object Code: means the binary files originating from the compilation of
1007the Source Code.
1008
1009Holder: means the holder(s) of the economic rights over the Initial
1010Software.
1011
1012Licensee: means the Software user(s) having accepted the Agreement.
1013
1014Contributor: means a Licensee having made at least one Contribution.
1015
1016Licensor: means the Holder, or any other individual or legal entity, who
1017distributes the Software under the Agreement.
1018
1019Contribution: means any or all modifications, corrections, translations,
1020adaptations and/or new functions integrated into the Software by any or
1021all Contributors, as well as any or all Internal Modules.
1022
1023Module: means a set of sources files including their documentation that
1024enables supplementary functions or services in addition to those offered
1025by the Software.
1026
1027External Module: means any or all Modules, not derived from the
1028Software, so that this Module and the Software run in separate address
1029spaces, with one calling the other when they are run.
1030
1031Internal Module: means any or all Module, connected to the Software so
1032that they both execute in the same address space.
1033
1034GNU GPL: means the GNU General Public License version 2 or any
1035subsequent version, as published by the Free Software Foundation Inc.
1036
1037Parties: mean both the Licensee and the Licensor.
1038
1039These expressions may be used both in singular and plural form.
1040
1041
1042    Article 2 - PURPOSE
1043
1044The purpose of the Agreement is the grant by the Licensor to the
1045Licensee of a non-exclusive, transferable and worldwide license for the
1046Software as set forth in Article 5 hereinafter for the whole term of the
1047protection granted by the rights over said Software.
1048
1049
1050    Article 3 - ACCEPTANCE
1051
10523.1 The Licensee shall be deemed as having accepted the terms and
1053conditions of this Agreement upon the occurrence of the first of the
1054following events:
1055
1056    * (i) loading the Software by any or all means, notably, by
1057      downloading from a remote server, or by loading from a physical
1058      medium;
1059    * (ii) the first time the Licensee exercises any of the rights
1060      granted hereunder.
1061
10623.2 One copy of the Agreement, containing a notice relating to the
1063characteristics of the Software, to the limited warranty, and to the
1064fact that its use is restricted to experienced users has been provided
1065to the Licensee prior to its acceptance as set forth in Article 3.1
1066hereinabove, and the Licensee hereby acknowledges that it has read and
1067understood it.
1068
1069
1070    Article 4 - EFFECTIVE DATE AND TERM
1071
1072
1073      4.1 EFFECTIVE DATE
1074
1075The Agreement shall become effective on the date when it is accepted by
1076the Licensee as set forth in Article 3.1.
1077
1078
1079      4.2 TERM
1080
1081The Agreement shall remain in force for the entire legal term of
1082protection of the economic rights over the Software.
1083
1084
1085    Article 5 - SCOPE OF RIGHTS GRANTED
1086
1087The Licensor hereby grants to the Licensee, who accepts, the following
1088rights over the Software for any or all use, and for the term of the
1089Agreement, on the basis of the terms and conditions set forth hereinafter.
1090
1091Besides, if the Licensor owns or comes to own one or more patents
1092protecting all or part of the functions of the Software or of its
1093components, the Licensor undertakes not to enforce the rights granted by
1094these patents against successive Licensees using, exploiting or
1095modifying the Software. If these patents are transferred, the Licensor
1096undertakes to have the transferees subscribe to the obligations set
1097forth in this paragraph.
1098
1099
1100      5.1 RIGHT OF USE
1101
1102The Licensee is authorized to use the Software, without any limitation
1103as to its fields of application, with it being hereinafter specified
1104that this comprises:
1105
1106   1. permanent or temporary reproduction of all or part of the Software
1107      by any or all means and in any or all form.
1108
1109   2. loading, displaying, running, or storing the Software on any or
1110      all medium.
1111
1112   3. entitlement to observe, study or test its operation so as to
1113      determine the ideas and principles behind any or all constituent
1114      elements of said Software. This shall apply when the Licensee
1115      carries out any or all loading, displaying, running, transmission
1116      or storage operation as regards the Software, that it is entitled
1117      to carry out hereunder.
1118
1119
1120      5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
1121
1122The right to make Contributions includes the right to translate, adapt,
1123arrange, or make any or all modifications to the Software, and the right
1124to reproduce the resulting software.
1125
1126The Licensee is authorized to make any or all Contributions to the
1127Software provided that it includes an explicit notice that it is the
1128author of said Contribution and indicates the date of the creation thereof.
1129
1130
1131      5.3 RIGHT OF DISTRIBUTION
1132
1133In particular, the right of distribution includes the right to publish,
1134transmit and communicate the Software to the general public on any or
1135all medium, and by any or all means, and the right to market, either in
1136consideration of a fee, or free of charge, one or more copies of the
1137Software by any means.
1138
1139The Licensee is further authorized to distribute copies of the modified
1140or unmodified Software to third parties according to the terms and
1141conditions set forth hereinafter.
1142
1143
1144        5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
1145
1146The Licensee is authorized to distribute true copies of the Software in
1147Source Code or Object Code form, provided that said distribution
1148complies with all the provisions of the Agreement and is accompanied by:
1149
1150   1. a copy of the Agreement,
1151
1152   2. a notice relating to the limitation of both the Licensor's
1153      warranty and liability as set forth in Articles 8 and 9,
1154
1155and that, in the event that only the Object Code of the Software is
1156redistributed, the Licensee allows future Licensees unhindered access to
1157the full Source Code of the Software by indicating how to access it, it
1158being understood that the additional cost of acquiring the Source Code
1159shall not exceed the cost of transferring the data.
1160
1161
1162        5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
1163
1164When the Licensee makes a Contribution to the Software, the terms and
1165conditions for the distribution of the resulting Modified Software
1166become subject to all the provisions of this Agreement.
1167
1168The Licensee is authorized to distribute the Modified Software, in
1169source code or object code form, provided that said distribution
1170complies with all the provisions of the Agreement and is accompanied by:
1171
1172   1. a copy of the Agreement,
1173
1174   2. a notice relating to the limitation of both the Licensor's
1175      warranty and liability as set forth in Articles 8 and 9,
1176
1177and that, in the event that only the object code of the Modified
1178Software is redistributed, the Licensee allows future Licensees
1179unhindered access to the full source code of the Modified Software by
1180indicating how to access it, it being understood that the additional
1181cost of acquiring the source code shall not exceed the cost of
1182transferring the data.
1183
1184
1185        5.3.3 DISTRIBUTION OF EXTERNAL MODULES
1186
1187When the Licensee has developed an External Module, the terms and
1188conditions of this Agreement do not apply to said External Module, that
1189may be distributed under a separate license agreement.
1190
1191
1192        5.3.4 COMPATIBILITY WITH THE GNU GPL
1193
1194The Licensee can include a code that is subject to the provisions of one
1195of the versions of the GNU GPL in the Modified or unmodified Software,
1196and distribute that entire code under the terms of the same version of
1197the GNU GPL.
1198
1199The Licensee can include the Modified or unmodified Software in a code
1200that is subject to the provisions of one of the versions of the GNU GPL,
1201and distribute that entire code under the terms of the same version of
1202the GNU GPL.
1203
1204
1205    Article 6 - INTELLECTUAL PROPERTY
1206
1207
1208      6.1 OVER THE INITIAL SOFTWARE
1209
1210The Holder owns the economic rights over the Initial Software. Any or
1211all use of the Initial Software is subject to compliance with the terms
1212and conditions under which the Holder has elected to distribute its work
1213and no one shall be entitled to modify the terms and conditions for the
1214distribution of said Initial Software.
1215
1216The Holder undertakes that the Initial Software will remain ruled at
1217least by this Agreement, for the duration set forth in Article 4.2.
1218
1219
1220      6.2 OVER THE CONTRIBUTIONS
1221
1222The Licensee who develops a Contribution is the owner of the
1223intellectual property rights over this Contribution as defined by
1224applicable law.
1225
1226
1227      6.3 OVER THE EXTERNAL MODULES
1228
1229The Licensee who develops an External Module is the owner of the
1230intellectual property rights over this External Module as defined by
1231applicable law and is free to choose the type of agreement that shall
1232govern its distribution.
1233
1234
1235      6.4 JOINT PROVISIONS
1236
1237The Licensee expressly undertakes:
1238
1239   1. not to remove, or modify, in any manner, the intellectual property
1240      notices attached to the Software;
1241
1242   2. to reproduce said notices, in an identical manner, in the copies
1243      of the Software modified or not.
1244
1245The Licensee undertakes not to directly or indirectly infringe the
1246intellectual property rights of the Holder and/or Contributors on the
1247Software and to take, where applicable, vis-à-vis its staff, any and all
1248measures required to ensure respect of said intellectual property rights
1249of the Holder and/or Contributors.
1250
1251
1252    Article 7 - RELATED SERVICES
1253
12547.1 Under no circumstances shall the Agreement oblige the Licensor to
1255provide technical assistance or maintenance services for the Software.
1256
1257However, the Licensor is entitled to offer this type of services. The
1258terms and conditions of such technical assistance, and/or such
1259maintenance, shall be set forth in a separate instrument. Only the
1260Licensor offering said maintenance and/or technical assistance services
1261shall incur liability therefor.
1262
12637.2 Similarly, any Licensor is entitled to offer to its licensees, under
1264its sole responsibility, a warranty, that shall only be binding upon
1265itself, for the redistribution of the Software and/or the Modified
1266Software, under terms and conditions that it is free to decide. Said
1267warranty, and the financial terms and conditions of its application,
1268shall be subject of a separate instrument executed between the Licensor
1269and the Licensee.
1270
1271
1272    Article 8 - LIABILITY
1273
12748.1 Subject to the provisions of Article 8.2, the Licensee shall be
1275entitled to claim compensation for any direct loss it may have suffered
1276from the Software as a result of a fault on the part of the relevant
1277Licensor, subject to providing evidence thereof.
1278
12798.2 The Licensor's liability is limited to the commitments made under
1280this Agreement and shall not be incurred as a result of in particular:
1281(i) loss due the Licensee's total or partial failure to fulfill its
1282obligations, (ii) direct or consequential loss that is suffered by the
1283Licensee due to the use or performance of the Software, and (iii) more
1284generally, any consequential loss. In particular the Parties expressly
1285agree that any or all pecuniary or business loss (i.e. loss of data,
1286loss of profits, operating loss, loss of customers or orders,
1287opportunity cost, any disturbance to business activities) or any or all
1288legal proceedings instituted against the Licensee by a third party,
1289shall constitute consequential loss and shall not provide entitlement to
1290any or all compensation from the Licensor.
1291
1292
1293    Article 9 - WARRANTY
1294
12959.1 The Licensee acknowledges that the scientific and technical
1296state-of-the-art when the Software was distributed did not enable all
1297possible uses to be tested and verified, nor for the presence of
1298possible defects to be detected. In this respect, the Licensee's
1299attention has been drawn to the risks associated with loading, using,
1300modifying and/or developing and reproducing the Software which are
1301reserved for experienced users.
1302
1303The Licensee shall be responsible for verifying, by any or all means,
1304the suitability of the product for its requirements, its good working
1305order, and for ensuring that it shall not cause damage to either persons
1306or properties.
1307
13089.2 The Licensor hereby represents, in good faith, that it is entitled
1309to grant all the rights over the Software (including in particular the
1310rights set forth in Article 5).
1311
13129.3 The Licensee acknowledges that the Software is supplied "as is" by
1313the Licensor without any other express or tacit warranty, other than
1314that provided for in Article 9.2 and, in particular, without any warranty
1315as to its commercial value, its secured, safe, innovative or relevant
1316nature.
1317
1318Specifically, the Licensor does not warrant that the Software is free
1319from any error, that it will operate without interruption, that it will
1320be compatible with the Licensee's own equipment and software
1321configuration, nor that it will meet the Licensee's requirements.
1322
13239.4 The Licensor does not either expressly or tacitly warrant that the
1324Software does not infringe any third party intellectual property right
1325relating to a patent, software or any other property right. Therefore,
1326the Licensor disclaims any and all liability towards the Licensee
1327arising out of any or all proceedings for infringement that may be
1328instituted in respect of the use, modification and redistribution of the
1329Software. Nevertheless, should such proceedings be instituted against
1330the Licensee, the Licensor shall provide it with technical and legal
1331assistance for its defense. Such technical and legal assistance shall be
1332decided on a case-by-case basis between the relevant Licensor and the
1333Licensee pursuant to a memorandum of understanding. The Licensor
1334disclaims any and all liability as regards the Licensee's use of the
1335name of the Software. No warranty is given as regards the existence of
1336prior rights over the name of the Software or as regards the existence
1337of a trademark.
1338
1339
1340    Article 10 - TERMINATION
1341
134210.1 In the event of a breach by the Licensee of its obligations
1343hereunder, the Licensor may automatically terminate this Agreement
1344thirty (30) days after notice has been sent to the Licensee and has
1345remained ineffective.
1346
134710.2 A Licensee whose Agreement is terminated shall no longer be
1348authorized to use, modify or distribute the Software. However, any
1349licenses that it may have granted prior to termination of the Agreement
1350shall remain valid subject to their having been granted in compliance
1351with the terms and conditions hereof.
1352
1353
1354    Article 11 - MISCELLANEOUS
1355
1356
1357      11.1 EXCUSABLE EVENTS
1358
1359Neither Party shall be liable for any or all delay, or failure to
1360perform the Agreement, that may be attributable to an event of force
1361majeure, an act of God or an outside cause, such as defective
1362functioning or interruptions of the electricity or telecommunications
1363networks, network paralysis following a virus attack, intervention by
1364government authorities, natural disasters, water damage, earthquakes,
1365fire, explosions, strikes and labor unrest, war, etc.
1366
136711.2 Any failure by either Party, on one or more occasions, to invoke
1368one or more of the provisions hereof, shall under no circumstances be
1369interpreted as being a waiver by the interested Party of its right to
1370invoke said provision(s) subsequently.
1371
137211.3 The Agreement cancels and replaces any or all previous agreements,
1373whether written or oral, between the Parties and having the same
1374purpose, and constitutes the entirety of the agreement between said
1375Parties concerning said purpose. No supplement or modification to the
1376terms and conditions hereof shall be effective as between the Parties
1377unless it is made in writing and signed by their duly authorized
1378representatives.
1379
138011.4 In the event that one or more of the provisions hereof were to
1381conflict with a current or future applicable act or legislative text,
1382said act or legislative text shall prevail, and the Parties shall make
1383the necessary amendments so as to comply with said act or legislative
1384text. All other provisions shall remain effective. Similarly, invalidity
1385of a provision of the Agreement, for any reason whatsoever, shall not
1386cause the Agreement as a whole to be invalid.
1387
1388
1389      11.5 LANGUAGE
1390
1391The Agreement is drafted in both French and English and both versions
1392are deemed authentic.
1393
1394
1395    Article 12 - NEW VERSIONS OF THE AGREEMENT
1396
139712.1 Any person is authorized to duplicate and distribute copies of this
1398Agreement.
1399
140012.2 So as to ensure coherence, the wording of this Agreement is
1401protected and may only be modified by the authors of the License, who
1402reserve the right to periodically publish updates or new versions of the
1403Agreement, each with a separate number. These subsequent versions may
1404address new issues encountered by Free Software.
1405
140612.3 Any Software distributed under a given version of the Agreement may
1407only be subsequently distributed under the same version of the Agreement
1408or a subsequent version, subject to the provisions of Article 5.3.4.
1409
1410
1411    Article 13 - GOVERNING LAW AND JURISDICTION
1412
141313.1 The Agreement is governed by French law. The Parties agree to
1414endeavor to seek an amicable solution to any disagreements or disputes
1415that may arise during the performance of the Agreement.
1416
141713.2 Failing an amicable solution within two (2) months as from their
1418occurrence, and unless emergency proceedings are necessary, the
1419disagreements or disputes shall be referred to the Paris Courts having
1420jurisdiction, by the more diligent Party.
1421
1422
1423Version 2.0 dated 2006-09-05.
1424
1425
1426
1427
1428
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