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1
2CeCILL FREE SOFTWARE LICENSE AGREEMENT
3
4
5    Notice
6
7This Agreement is a Free Software license agreement that is the result
8of discussions between its authors in order to ensure compliance with
9the two main principles guiding its drafting:
10
11    * firstly, compliance with the principles governing the distribution
12      of Free Software: access to source code, broad rights granted to
13      users,
14    * secondly, the election of a governing law, French law, with which
15      it is conformant, both as regards the law of torts and
16      intellectual property law, and the protection that it offers to
17      both authors and holders of the economic rights over software.
18
19The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
20license are:
21
22Commissariat à l'Energie Atomique - CEA, a public scientific, technical
23and industrial research establishment, having its principal place of
24business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
25
26Centre National de la Recherche Scientifique - CNRS, a public scientific
27and technological establishment, having its principal place of business
28at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
29
30Institut National de Recherche en Informatique et en Automatique -
31INRIA, a public scientific and technological establishment, having its
32principal place of business at Domaine de Voluceau, Rocquencourt, BP
33105, 78153 Le Chesnay cedex, France.
34
35
36    Preamble
37
38The purpose of this Free Software license agreement is to grant users
39the right to modify and redistribute the software governed by this
40license within the framework of an open source distribution model.
41
42The exercising of these rights is conditional upon certain obligations
43for users so as to preserve this status for all subsequent redistributions.
44
45In consideration of access to the source code and the rights to copy,
46modify and redistribute granted by the license, users are provided only
47with a limited warranty and the software's author, the holder of the
48economic rights, and the successive licensors only have limited liability.
49
50In this respect, the risks associated with loading, using, modifying
51and/or developing or reproducing the software by the user are brought to
52the user's attention, given its Free Software status, which may make it
53complicated to use, with the result that its use is reserved for
54developers and experienced professionals having in-depth computer
55knowledge. Users are therefore encouraged to load and test the
56suitability of the software as regards their requirements in conditions
57enabling the security of their systems and/or data to be ensured and,
58more generally, to use and operate it in the same conditions of
59security. This Agreement may be freely reproduced and published,
60provided it is not altered, and that no provisions are either added or
61removed herefrom.
62
63This Agreement may apply to any or all software for which the holder of
64the economic rights decides to submit the use thereof to its provisions.
65
66
67    Article 1 - DEFINITIONS
68
69For the purpose of this Agreement, when the following expressions
70commence with a capital letter, they shall have the following meaning:
71
72Agreement: means this license agreement, and its possible subsequent
73versions and annexes.
74
75Software: means the software in its Object Code and/or Source Code form
76and, where applicable, its documentation, "as is" when the Licensee
77accepts the Agreement.
78
79Initial Software: means the Software in its Source Code and possibly its
80Object Code form and, where applicable, its documentation, "as is" when
81it is first distributed under the terms and conditions of the Agreement.
82
83Modified Software: means the Software modified by at least one
84Contribution.
85
86Source Code: means all the Software's instructions and program lines to
87which access is required so as to modify the Software.
88
89Object Code: means the binary files originating from the compilation of
90the Source Code.
91
92Holder: means the holder(s) of the economic rights over the Initial
93Software.
94
95Licensee: means the Software user(s) having accepted the Agreement.
96
97Contributor: means a Licensee having made at least one Contribution.
98
99Licensor: means the Holder, or any other individual or legal entity, who
100distributes the Software under the Agreement.
101
102Contribution: means any or all modifications, corrections, translations,
103adaptations and/or new functions integrated into the Software by any or
104all Contributors, as well as any or all Internal Modules.
105
106Module: means a set of sources files including their documentation that
107enables supplementary functions or services in addition to those offered
108by the Software.
109
110External Module: means any or all Modules, not derived from the
111Software, so that this Module and the Software run in separate address
112spaces, with one calling the other when they are run.
113
114Internal Module: means any or all Module, connected to the Software so
115that they both execute in the same address space.
116
117GNU GPL: means the GNU General Public License version 2 or any
118subsequent version, as published by the Free Software Foundation Inc.
119
120Parties: mean both the Licensee and the Licensor.
121
122These expressions may be used both in singular and plural form.
123
124
125    Article 2 - PURPOSE
126
127The purpose of the Agreement is the grant by the Licensor to the
128Licensee of a non-exclusive, transferable and worldwide license for the
129Software as set forth in Article 5 hereinafter for the whole term of the
130protection granted by the rights over said Software.
131
132
133    Article 3 - ACCEPTANCE
134
1353.1 The Licensee shall be deemed as having accepted the terms and
136conditions of this Agreement upon the occurrence of the first of the
137following events:
138
139    * (i) loading the Software by any or all means, notably, by
140      downloading from a remote server, or by loading from a physical
141      medium;
142    * (ii) the first time the Licensee exercises any of the rights
143      granted hereunder.
144
1453.2 One copy of the Agreement, containing a notice relating to the
146characteristics of the Software, to the limited warranty, and to the
147fact that its use is restricted to experienced users has been provided
148to the Licensee prior to its acceptance as set forth in Article 3.1
149hereinabove, and the Licensee hereby acknowledges that it has read and
150understood it.
151
152
153    Article 4 - EFFECTIVE DATE AND TERM
154
155
156      4.1 EFFECTIVE DATE
157
158The Agreement shall become effective on the date when it is accepted by
159the Licensee as set forth in Article 3.1.
160
161
162      4.2 TERM
163
164The Agreement shall remain in force for the entire legal term of
165protection of the economic rights over the Software.
166
167
168    Article 5 - SCOPE OF RIGHTS GRANTED
169
170The Licensor hereby grants to the Licensee, who accepts, the following
171rights over the Software for any or all use, and for the term of the
172Agreement, on the basis of the terms and conditions set forth hereinafter.
173
174Besides, if the Licensor owns or comes to own one or more patents
175protecting all or part of the functions of the Software or of its
176components, the Licensor undertakes not to enforce the rights granted by
177these patents against successive Licensees using, exploiting or
178modifying the Software. If these patents are transferred, the Licensor
179undertakes to have the transferees subscribe to the obligations set
180forth in this paragraph.
181
182
183      5.1 RIGHT OF USE
184
185The Licensee is authorized to use the Software, without any limitation
186as to its fields of application, with it being hereinafter specified
187that this comprises:
188
189   1. permanent or temporary reproduction of all or part of the Software
190      by any or all means and in any or all form.
191
192   2. loading, displaying, running, or storing the Software on any or
193      all medium.
194
195   3. entitlement to observe, study or test its operation so as to
196      determine the ideas and principles behind any or all constituent
197      elements of said Software. This shall apply when the Licensee
198      carries out any or all loading, displaying, running, transmission
199      or storage operation as regards the Software, that it is entitled
200      to carry out hereunder.
201
202
203      5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
204
205The right to make Contributions includes the right to translate, adapt,
206arrange, or make any or all modifications to the Software, and the right
207to reproduce the resulting software.
208
209The Licensee is authorized to make any or all Contributions to the
210Software provided that it includes an explicit notice that it is the
211author of said Contribution and indicates the date of the creation thereof.
212
213
214      5.3 RIGHT OF DISTRIBUTION
215
216In particular, the right of distribution includes the right to publish,
217transmit and communicate the Software to the general public on any or
218all medium, and by any or all means, and the right to market, either in
219consideration of a fee, or free of charge, one or more copies of the
220Software by any means.
221
222The Licensee is further authorized to distribute copies of the modified
223or unmodified Software to third parties according to the terms and
224conditions set forth hereinafter.
225
226
227        5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
228
229The Licensee is authorized to distribute true copies of the Software in
230Source Code or Object Code form, provided that said distribution
231complies with all the provisions of the Agreement and is accompanied by:
232
233   1. a copy of the Agreement,
234
235   2. a notice relating to the limitation of both the Licensor's
236      warranty and liability as set forth in Articles 8 and 9,
237
238and that, in the event that only the Object Code of the Software is
239redistributed, the Licensee allows future Licensees unhindered access to
240the full Source Code of the Software by indicating how to access it, it
241being understood that the additional cost of acquiring the Source Code
242shall not exceed the cost of transferring the data.
243
244
245        5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
246
247When the Licensee makes a Contribution to the Software, the terms and
248conditions for the distribution of the resulting Modified Software
249become subject to all the provisions of this Agreement.
250
251The Licensee is authorized to distribute the Modified Software, in
252source code or object code form, provided that said distribution
253complies with all the provisions of the Agreement and is accompanied by:
254
255   1. a copy of the Agreement,
256
257   2. a notice relating to the limitation of both the Licensor's
258      warranty and liability as set forth in Articles 8 and 9,
259
260and that, in the event that only the object code of the Modified
261Software is redistributed, the Licensee allows future Licensees
262unhindered access to the full source code of the Modified Software by
263indicating how to access it, it being understood that the additional
264cost of acquiring the source code shall not exceed the cost of
265transferring the data.
266
267
268        5.3.3 DISTRIBUTION OF EXTERNAL MODULES
269
270When the Licensee has developed an External Module, the terms and
271conditions of this Agreement do not apply to said External Module, that
272may be distributed under a separate license agreement.
273
274
275        5.3.4 COMPATIBILITY WITH THE GNU GPL
276
277The Licensee can include a code that is subject to the provisions of one
278of the versions of the GNU GPL in the Modified or unmodified Software,
279and distribute that entire code under the terms of the same version of
280the GNU GPL.
281
282The Licensee can include the Modified or unmodified Software in a code
283that is subject to the provisions of one of the versions of the GNU GPL,
284and distribute that entire code under the terms of the same version of
285the GNU GPL.
286
287
288    Article 6 - INTELLECTUAL PROPERTY
289
290
291      6.1 OVER THE INITIAL SOFTWARE
292
293The Holder owns the economic rights over the Initial Software. Any or
294all use of the Initial Software is subject to compliance with the terms
295and conditions under which the Holder has elected to distribute its work
296and no one shall be entitled to modify the terms and conditions for the
297distribution of said Initial Software.
298
299The Holder undertakes that the Initial Software will remain ruled at
300least by this Agreement, for the duration set forth in Article 4.2.
301
302
303      6.2 OVER THE CONTRIBUTIONS
304
305The Licensee who develops a Contribution is the owner of the
306intellectual property rights over this Contribution as defined by
307applicable law.
308
309
310      6.3 OVER THE EXTERNAL MODULES
311
312The Licensee who develops an External Module is the owner of the
313intellectual property rights over this External Module as defined by
314applicable law and is free to choose the type of agreement that shall
315govern its distribution.
316
317
318      6.4 JOINT PROVISIONS
319
320The Licensee expressly undertakes:
321
322   1. not to remove, or modify, in any manner, the intellectual property
323      notices attached to the Software;
324
325   2. to reproduce said notices, in an identical manner, in the copies
326      of the Software modified or not.
327
328The Licensee undertakes not to directly or indirectly infringe the
329intellectual property rights of the Holder and/or Contributors on the
330Software and to take, where applicable, vis-à-vis its staff, any and all
331measures required to ensure respect of said intellectual property rights
332of the Holder and/or Contributors.
333
334
335    Article 7 - RELATED SERVICES
336
3377.1 Under no circumstances shall the Agreement oblige the Licensor to
338provide technical assistance or maintenance services for the Software.
339
340However, the Licensor is entitled to offer this type of services. The
341terms and conditions of such technical assistance, and/or such
342maintenance, shall be set forth in a separate instrument. Only the
343Licensor offering said maintenance and/or technical assistance services
344shall incur liability therefor.
345
3467.2 Similarly, any Licensor is entitled to offer to its licensees, under
347its sole responsibility, a warranty, that shall only be binding upon
348itself, for the redistribution of the Software and/or the Modified
349Software, under terms and conditions that it is free to decide. Said
350warranty, and the financial terms and conditions of its application,
351shall be subject of a separate instrument executed between the Licensor
352and the Licensee.
353
354
355    Article 8 - LIABILITY
356
3578.1 Subject to the provisions of Article 8.2, the Licensee shall be
358entitled to claim compensation for any direct loss it may have suffered
359from the Software as a result of a fault on the part of the relevant
360Licensor, subject to providing evidence thereof.
361
3628.2 The Licensor's liability is limited to the commitments made under
363this Agreement and shall not be incurred as a result of in particular:
364(i) loss due the Licensee's total or partial failure to fulfill its
365obligations, (ii) direct or consequential loss that is suffered by the
366Licensee due to the use or performance of the Software, and (iii) more
367generally, any consequential loss. In particular the Parties expressly
368agree that any or all pecuniary or business loss (i.e. loss of data,
369loss of profits, operating loss, loss of customers or orders,
370opportunity cost, any disturbance to business activities) or any or all
371legal proceedings instituted against the Licensee by a third party,
372shall constitute consequential loss and shall not provide entitlement to
373any or all compensation from the Licensor.
374
375
376    Article 9 - WARRANTY
377
3789.1 The Licensee acknowledges that the scientific and technical
379state-of-the-art when the Software was distributed did not enable all
380possible uses to be tested and verified, nor for the presence of
381possible defects to be detected. In this respect, the Licensee's
382attention has been drawn to the risks associated with loading, using,
383modifying and/or developing and reproducing the Software which are
384reserved for experienced users.
385
386The Licensee shall be responsible for verifying, by any or all means,
387the suitability of the product for its requirements, its good working
388order, and for ensuring that it shall not cause damage to either persons
389or properties.
390
3919.2 The Licensor hereby represents, in good faith, that it is entitled
392to grant all the rights over the Software (including in particular the
393rights set forth in Article 5).
394
3959.3 The Licensee acknowledges that the Software is supplied "as is" by
396the Licensor without any other express or tacit warranty, other than
397that provided for in Article 9.2 and, in particular, without any warranty
398as to its commercial value, its secured, safe, innovative or relevant
399nature.
400
401Specifically, the Licensor does not warrant that the Software is free
402from any error, that it will operate without interruption, that it will
403be compatible with the Licensee's own equipment and software
404configuration, nor that it will meet the Licensee's requirements.
405
4069.4 The Licensor does not either expressly or tacitly warrant that the
407Software does not infringe any third party intellectual property right
408relating to a patent, software or any other property right. Therefore,
409the Licensor disclaims any and all liability towards the Licensee
410arising out of any or all proceedings for infringement that may be
411instituted in respect of the use, modification and redistribution of the
412Software. Nevertheless, should such proceedings be instituted against
413the Licensee, the Licensor shall provide it with technical and legal
414assistance for its defense. Such technical and legal assistance shall be
415decided on a case-by-case basis between the relevant Licensor and the
416Licensee pursuant to a memorandum of understanding. The Licensor
417disclaims any and all liability as regards the Licensee's use of the
418name of the Software. No warranty is given as regards the existence of
419prior rights over the name of the Software or as regards the existence
420of a trademark.
421
422
423    Article 10 - TERMINATION
424
42510.1 In the event of a breach by the Licensee of its obligations
426hereunder, the Licensor may automatically terminate this Agreement
427thirty (30) days after notice has been sent to the Licensee and has
428remained ineffective.
429
43010.2 A Licensee whose Agreement is terminated shall no longer be
431authorized to use, modify or distribute the Software. However, any
432licenses that it may have granted prior to termination of the Agreement
433shall remain valid subject to their having been granted in compliance
434with the terms and conditions hereof.
435
436
437    Article 11 - MISCELLANEOUS
438
439
440      11.1 EXCUSABLE EVENTS
441
442Neither Party shall be liable for any or all delay, or failure to
443perform the Agreement, that may be attributable to an event of force
444majeure, an act of God or an outside cause, such as defective
445functioning or interruptions of the electricity or telecommunications
446networks, network paralysis following a virus attack, intervention by
447government authorities, natural disasters, water damage, earthquakes,
448fire, explosions, strikes and labor unrest, war, etc.
449
45011.2 Any failure by either Party, on one or more occasions, to invoke
451one or more of the provisions hereof, shall under no circumstances be
452interpreted as being a waiver by the interested Party of its right to
453invoke said provision(s) subsequently.
454
45511.3 The Agreement cancels and replaces any or all previous agreements,
456whether written or oral, between the Parties and having the same
457purpose, and constitutes the entirety of the agreement between said
458Parties concerning said purpose. No supplement or modification to the
459terms and conditions hereof shall be effective as between the Parties
460unless it is made in writing and signed by their duly authorized
461representatives.
462
46311.4 In the event that one or more of the provisions hereof were to
464conflict with a current or future applicable act or legislative text,
465said act or legislative text shall prevail, and the Parties shall make
466the necessary amendments so as to comply with said act or legislative
467text. All other provisions shall remain effective. Similarly, invalidity
468of a provision of the Agreement, for any reason whatsoever, shall not
469cause the Agreement as a whole to be invalid.
470
471
472      11.5 LANGUAGE
473
474The Agreement is drafted in both French and English and both versions
475are deemed authentic.
476
477
478    Article 12 - NEW VERSIONS OF THE AGREEMENT
479
48012.1 Any person is authorized to duplicate and distribute copies of this
481Agreement.
482
48312.2 So as to ensure coherence, the wording of this Agreement is
484protected and may only be modified by the authors of the License, who
485reserve the right to periodically publish updates or new versions of the
486Agreement, each with a separate number. These subsequent versions may
487address new issues encountered by Free Software.
488
48912.3 Any Software distributed under a given version of the Agreement may
490only be subsequently distributed under the same version of the Agreement
491or a subsequent version, subject to the provisions of Article 5.3.4.
492
493
494    Article 13 - GOVERNING LAW AND JURISDICTION
495
49613.1 The Agreement is governed by French law. The Parties agree to
497endeavor to seek an amicable solution to any disagreements or disputes
498that may arise during the performance of the Agreement.
499
50013.2 Failing an amicable solution within two (2) months as from their
501occurrence, and unless emergency proceedings are necessary, the
502disagreements or disputes shall be referred to the Paris Courts having
503jurisdiction, by the more diligent Party.
504
505
506Version 2.0 dated 2006-09-05.
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