1 |
-----BEGIN PGP SIGNED MESSAGE----- |
2 |
Hash: SHA1 |
3 |
|
4 |
I would like to clarify that this is the CeCILL-1.1 license and the |
5 |
license in tree is CeCILL-2. |
6 |
|
7 |
On 02/14/12 03:14, Richard Yao wrote: |
8 |
> |
9 |
> I would like to write an ebuild for some software that is CeDILL-1.1 |
10 |
> licensed, but the license is not in the portage tree. The CeDILL-2 |
11 |
> license is in the portage tree. |
12 |
> |
13 |
> I had a chat with robbat in #gentoo-dev on freenode about importing this |
14 |
> license into the tree. He did not see any problems with it, but he asked |
15 |
> me to send my request to the mailing list. The IRC transcript is below: |
16 |
> |
17 |
> 02:42 <+gentoofan> ulm: ping |
18 |
> 02:43 <+gentoofan> I am told that you know a good deal about licensing. |
19 |
> I am thinking of writing an ebuild for some software licensed |
20 |
> CeCILL-1.1, which is not in portage. The terms of the license worry me: |
21 |
> http://paste.pocoo.org/show/550666/ |
22 |
> 02:44 <+gentoofan> In particular, it seems like I am giving up my rights |
23 |
> as a US citizen by agreeing to their license: "13.1 The Agreement is |
24 |
> governed by French law." "In the event of a conflict as |
25 |
> regards construction, the French version shall be |
26 |
> deemed authentic." |
27 |
> 02:45 <+gentoofan> The software is behind a download wall that requires |
28 |
> registration and an agreement to their license, even though all I want |
29 |
> to do is write an ebuild. Should I be worried about being hauled to a |
30 |
> court in France if there is ever a dispute arising from |
31 |
> the creation of the ebuild? |
32 |
> 02:45 <@robbat2> gentoofan, that's no different that many other EULAs |
33 |
> that state any lawsuits involving the license must be brought in California |
34 |
> 02:46 <@antarus> gentoofan: I presume we aren't distributing it? |
35 |
> 02:46 <+gentoofan> robbat2: I prefer California to France. Password |
36 |
> hashing is illegal in France. |
37 |
> 02:46 <@antarus> I only need to agree to the license to use the |
38 |
> software, or to redistribute it, not to write an ebuild ;p |
39 |
> 02:47 <+gentoofan> antarus: I seem to also need to agree to download it. :/ |
40 |
> 02:47 <@robbat2> the "Adobe" license says: California if in |
41 |
> Canada/US/Mexico ; Japan if in Asia ; Netherlands for all other |
42 |
> jurisdictions |
43 |
> 02:48 <@robbat2> yes, 3.1, if you download it or distribute it, you are |
44 |
> bound by the rest of the terms of the license |
45 |
> 02:48 <+gentoofan> This is their site. It only permits people to |
46 |
> download who agree: http://www.nemo-ocean.eu/ |
47 |
> 02:49 <+gentoofan> They distribute by password protected SVN. :/ |
48 |
> 02:49 <@antarus> why do you want to use it then? ;p |
49 |
> 02:49 <+gentoofan> antarus: A professor I know wants it installed. |
50 |
> 02:49 <+gentoofan> You can say this is academic politics. -_- |
51 |
> 02:49 <@robbat2> the license is already in the tree |
52 |
> 02:49 <@antarus> oh I am familiar ;p |
53 |
> 02:49 <+gentoofan> Version 1.1? |
54 |
> 02:49 <@robbat2> v 2 |
55 |
> 02:50 <@antarus> I blame france for everything |
56 |
> 02:50 <@robbat2> but see clause 12.3 |
57 |
> 02:50 <@robbat2> of v1.1 |
58 |
> 02:50 <@robbat2> that says you can elect to use v2 |
59 |
> 02:51 <+gentoofan> Does Gentoo policy permit people to relicense stuff |
60 |
> in the portage tree under a more restrictive license if the license |
61 |
> permits it? I would have thought that people would want the original |
62 |
> license terms. |
63 |
> 02:51 <@antarus> license syntax supports || |
64 |
> 02:52 <@robbat2> one sec, i'm compare v1.1 to v2 |
65 |
> 02:52 <@robbat2> (both ulm and myself are in the licenses team) |
66 |
> 02:52 <+gentoofan> robbat2: Ah, cool. :) |
67 |
> 02:54 -!- GurliGebis [~GurliGebi@××××××××××××××××××××.dk] has joined |
68 |
> #gentoo-dev |
69 |
> 02:54 -!- GurliGebis [~GurliGebi@××××××××××××××××××××.dk] has quit |
70 |
> [Changing host] |
71 |
> 02:54 -!- GurliGebis [~GurliGebi@gentoo/developer/gurligebis] has joined |
72 |
> #gentoo-dev |
73 |
> 02:55 <@jdhore> JUST to be odd and different |
74 |
> 02:56 <@jdhore> whoops, wrong window |
75 |
> 02:56 <@robbat2> ok, there's no substantial difference between v1.1 and v2 |
76 |
> 02:56 <@robbat2> just a lot of cleanups for clarity |
77 |
> 02:56 -!- danblack [~dragonhea@gentoo/developer/dragonheart] has quit |
78 |
> [Ping timeout: 276 seconds] |
79 |
> 02:56 <@robbat2> (it somebody added ignore-punctation to wdiff, it would |
80 |
> be really useful, just saying...) |
81 |
> 02:56 -!- Slackwise_ [~Slackwise@×××××××××××××××××××××××××××××××.net] |
82 |
> has joined #gentoo-dev |
83 |
> 02:57 <+gentoofan> robbat2: Should I file a bug report about putting it |
84 |
> into the tree? |
85 |
> 02:57 -!- fisted [~fisted@unaffiliated/fisted] has quit [Quit: leaving] |
86 |
> 02:58 <@robbat2> the only bit of legal significence is v1.1 called the |
87 |
> modules dynamic and static, while v2 calls them internal & external. the |
88 |
> impact is the same (basically LGPL vs GPL) |
89 |
> 02:58 <@robbat2> it's adding a new license, so you need to email it to |
90 |
> the gentoo-dev list |
91 |
> 02:58 <@robbat2> in your email, note that it's similar to the v2 license |
92 |
> 02:58 <@robbat2> that's already in the tree |
93 |
> 02:59 <+gentoofan> robbat2: Okay. Will do. |
94 |
> 02:59 <@robbat2> there no other concerns with packaging this app |
95 |
> 02:59 -!- fisted [~fisted@unaffiliated/fisted] has joined #gentoo-dev |
96 |
> 02:59 <+gentoofan> Should I include a transcript of the #gentoo-dev |
97 |
> discussion? |
98 |
> 02:59 <@robbat2> mention it if you want |
99 |
> |
100 |
> Here are the license terms: |
101 |
> |
102 |
> FREE SOFTWARE LICENSING AGREEMENT CeCILL |
103 |
> ======================================== |
104 |
> |
105 |
> |
106 |
> Notice |
107 |
> ------ |
108 |
> |
109 |
> |
110 |
> This Agreement is a free software license that is the result of discussions |
111 |
> between its authors in order to ensure compliance with the two main |
112 |
> principles guiding its drafting: |
113 |
> - firstly, its conformity with French law, both as regards the law of |
114 |
> torts and intellectual property law, and the protection that it offers |
115 |
> to authors and the holders of economic rights over software. |
116 |
> - secondly, compliance with the principles for the distribution of free |
117 |
> software: access to source codes, extended user-rights. |
118 |
> |
119 |
> The following bodies are the authors of this license CeCILL (Ce : CEA, C : |
120 |
> CNRS, I : INRIA, LL : Logiciel Libre): |
121 |
> |
122 |
> Commissariat à l'Energie Atomique - CEA, a public scientific, technical and |
123 |
> industrial establishment, having its principal place of business at 31-33 |
124 |
> rue de la Fédération, 75752 PARIS cedex 15, France. |
125 |
> |
126 |
> Centre National de la Recherche Scientifique - CNRS, a public scientific |
127 |
> and technological establishment, having its principal place of business at |
128 |
> 3 rue Michel-Ange 75794 Paris cedex 16, France. |
129 |
> |
130 |
> Institut National de Recherche en Informatique et en Automatique - INRIA, a |
131 |
> public scientific and technological establishment, having its principal |
132 |
> place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le |
133 |
> Chesnay cedex. |
134 |
> |
135 |
> |
136 |
> PREAMBLE |
137 |
> -------- |
138 |
> |
139 |
> |
140 |
> The purpose of this Free Software Licensing Agreement is to grant users the |
141 |
> right to modify and redistribute the software governed by this license |
142 |
> within the framework of an "open source" distribution model. |
143 |
> |
144 |
> The exercising of these rights is conditional upon certain obligations for |
145 |
> users so as to ensure that this status is retained for subsequent |
146 |
> redistribution operations. |
147 |
> |
148 |
> As a counterpart to the access to the source code and rights to copy, |
149 |
modify |
150 |
> and redistribute granted by the license, users are provided only with a |
151 |
> limited warranty and the software's author, the holder of the economic |
152 |
> rights, and the successive licensors only have limited liability. |
153 |
> |
154 |
> In this respect, it is brought to the user's attention that the risks |
155 |
> associated with loading, using, modifying and/or developing or reproducing |
156 |
> the software by the user given its nature of Free Software, that may |
157 |
> mean that it is complicated to manipulate, and that also therefore means |
158 |
> that it is reserved for developers and experienced professionals having |
159 |
> in-depth computer knowledge. Users are therefore encouraged to load and |
160 |
test |
161 |
> the Software's suitability as regards their requirements in conditions |
162 |
> enabling the security of their systems and/or data to be ensured and, more |
163 |
> generally, to use and operate it in the same conditions of security. |
164 |
> This Agreement may be freely reproduced and published, provided it is |
165 |
> not altered, and that no Articles are either added or removed herefrom. |
166 |
> |
167 |
> This Agreement may apply to any or all software for which the holder of the |
168 |
> economic rights decides to submit the operation thereof to its provisions. |
169 |
> |
170 |
> |
171 |
> Article 1 - DEFINITIONS |
172 |
> ------------------------ |
173 |
> |
174 |
> |
175 |
> For the purposes of this Agreement, when the following expressions commence |
176 |
> with a capital letter, they shall have the following meaning: |
177 |
> |
178 |
> Agreement: means this Licensing Agreement, and any or all of its subsequent |
179 |
> versions. |
180 |
> |
181 |
> Software: means the software in its Object Code and/or Source Code form |
182 |
> and, where applicable, its documentation, "as is" at the time when the |
183 |
> Licensee accepts the Agreement. |
184 |
> |
185 |
> Initial Software: means the Software in its Source Code and/or Object Code |
186 |
> form and, where applicable, its documentation, "as is" at the time when it |
187 |
> is distributed for the first time under the terms and conditions of the |
188 |
> Agreement. |
189 |
> |
190 |
> Modified Software: means the Software modified by at least one |
191 |
> Contribution. |
192 |
> |
193 |
> Source Code: means all the Software's instructions and program lines to |
194 |
> which access is required so as to modify the Software. |
195 |
> |
196 |
> Object Code: means the binary files originating from the compilation of the |
197 |
> Source Code. |
198 |
> |
199 |
> Holder: means the holder of the economic rights over the Initial |
200 |
> Software. |
201 |
> |
202 |
> Licensee(s): mean(s) the Software user(s) having accepted the Agreement. |
203 |
> |
204 |
> Contributor: means a Licensee having made at least one Contribution. |
205 |
> |
206 |
> Licensor: means the Holder, or any or all other individual or legal entity, |
207 |
> that distributes the Software under the Agreement. |
208 |
> |
209 |
> Contributions: mean any or all modifications, corrections, translations, |
210 |
> adaptations and/or new functionalities integrated into the Software by any |
211 |
> or all Contributor, and the Static Modules. |
212 |
> |
213 |
> Module: means a set of sources files including their documentation that, |
214 |
> once compiled in executable form, enables supplementary functionalities or |
215 |
> services to be developed in addition to those offered by the Software. |
216 |
> |
217 |
> Dynamic Module: means any or all module, created by the Contributor, that |
218 |
> is independent of the Software, so that this module and the Software are in |
219 |
> two different executable forms that are run in separate address spaces, |
220 |
> with one calling the other when they are run. |
221 |
> |
222 |
> Static Module: means any or all module, created by the Contributor and |
223 |
> connected to the Software by a static link that makes their object codes |
224 |
> interdependent. This module and the Software to which it is connected, are |
225 |
> combined in a single executable. |
226 |
> |
227 |
> Parties: mean both the Licensee and the Licensor. |
228 |
> |
229 |
> These expressions may be used both in singular and plural form. |
230 |
> |
231 |
> |
232 |
> Article 2 - PURPOSE |
233 |
> ------------------- |
234 |
> |
235 |
> |
236 |
> The purpose of the Agreement is to enable the Licensor to grant the |
237 |
> Licensee a free, non-exclusive, transferable and worldwide License for the |
238 |
> Software as set forth in Article 5 hereinafter for the whole term of |
239 |
> protection of the rights over said Software. |
240 |
> |
241 |
> |
242 |
> Article 3 - ACCEPTANCE |
243 |
> ---------------------- |
244 |
> |
245 |
> |
246 |
> 3.1. The Licensee shall be deemed as having accepted the terms and |
247 |
> conditions of this Agreement by the occurrence of the first of the |
248 |
> following events: |
249 |
> - (i) loading the Software by any or all means, notably, by downloading |
250 |
> from a remote server, or by loading from a physical medium; |
251 |
> - (ii) the first time the Licensee exercises any of the rights granted |
252 |
> hereunder. |
253 |
> |
254 |
> 3.2. One copy of the Agreement, containing a notice relating to the |
255 |
> specific nature of the Software, to the limited warranty, and to the |
256 |
> limitation to use by experienced users has been provided to the Licensee |
257 |
> prior to its acceptance as set forth in Article 3.1 hereinabove, and the |
258 |
> Licensee hereby acknowledges that it is aware thereof. |
259 |
> |
260 |
> |
261 |
> Article 4 - EFFECTIVE DATE AND TERM |
262 |
> ----------------------------------- |
263 |
> |
264 |
> |
265 |
> 4.1. EFFECTIVE DATE |
266 |
> |
267 |
> The Agreement shall become effective on the date when it is accepted by the |
268 |
> Licensee as set forth in Article 3.1. |
269 |
> |
270 |
> 4.2. TERM |
271 |
> |
272 |
> The Agreement shall remain in force during the whole legal term of |
273 |
> protection of the economic rights over the Software. |
274 |
> |
275 |
> |
276 |
> Article 5 - SCOPE OF THE RIGHTS GRANTED |
277 |
> --------------------------------------- |
278 |
> |
279 |
> |
280 |
> The Licensor hereby grants to the Licensee, that accepts such, the |
281 |
> following rights as regards the Software for any or all use, and for the |
282 |
> term of the Agreement, on the basis of the terms and conditions set forth |
283 |
> hereinafter. |
284 |
> |
285 |
> Otherwise, the Licensor grants to the Licensee free of charge exploitation |
286 |
> rights on the patents he holds on whole or part of the inventions |
287 |
> implemented in the Software. |
288 |
> |
289 |
> 5.1. RIGHTS OF USE |
290 |
> |
291 |
> The Licensee is authorized to use the Software, unrestrictedly, as regards |
292 |
> the fields of application, with it being hereinafter specified that this |
293 |
> relates to: |
294 |
> - permanent or temporary reproduction of all or part of the Software by |
295 |
> any or all means and in any or all form. |
296 |
> - loading, displaying, running, or storing the Software on any or all |
297 |
> medium. |
298 |
> - entitlement to observe, study or test the operation thereof so as to |
299 |
> establish the ideas and principles that form the basis for any or all |
300 |
> constituent elements of said Software. This shall apply when the |
301 |
> Licensee carries out any or all loading, displaying, running, |
302 |
> transmission or storage operation as regards the Software, that it is |
303 |
> entitled to carry out hereunder. |
304 |
> |
305 |
> 5.2. entitlement to make CONTRIBUTIONS |
306 |
> |
307 |
> The right to make Contributions includes the right to translate, adapt, |
308 |
> arrange, or make any or all modification to the Software, and the right to |
309 |
> reproduce the resulting Software. |
310 |
> |
311 |
> The Licensee is authorized to make any or all Contribution to the Software |
312 |
> provided that it explicitly mentions its name as the author of said |
313 |
> Contribution and the date of the development thereof. |
314 |
> |
315 |
> 5.3. DISTRIBUTION AND PUBLICATION RIGHTS |
316 |
> |
317 |
> In particular, the right of distribution and publication includes the right |
318 |
> to transmit and communicate the Software to the general public on any or |
319 |
> all medium, and by any or all means, and the right to market, either in |
320 |
> consideration of a fee, or free of charge, a copy or copies of the Software |
321 |
> by means of any or all process. |
322 |
> The Licensee is further authorized to redistribute copies of the modified |
323 |
> or unmodified Software to third parties according to the terms and |
324 |
> conditions set forth hereinafter. |
325 |
> |
326 |
> 5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
327 |
> |
328 |
> The Licensee is authorized to redistribute true copies of the Software in |
329 |
> Source Code or Object Code form, provided that said redistribution complies |
330 |
> with all the provisions of the Agreement and is accompanied by: |
331 |
> - a copy of the Agreement, |
332 |
> - a notice relating to the limitation of both the Licensor's warranty |
333 |
> and liability as set forth in Articles 8 and 9, |
334 |
> and that, in the event that only the Software's Object Code is |
335 |
> redistributed, the Licensee allows future Licensees unhindered access to |
336 |
> the Software's full Source Code by providing them with the terms and |
337 |
> conditions for access thereto, it being understood that the additional cost |
338 |
> of acquiring the Source Code shall not exceed the cost of transferring the |
339 |
> data. |
340 |
> |
341 |
> 5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE |
342 |
> |
343 |
> When the Licensee makes a Contribution to the Software, the terms and |
344 |
> conditions for the redistribution of the Modified Software shall then be |
345 |
> subject to all the provisions hereof. |
346 |
> |
347 |
> The Licensee is authorized to redistribute the Modified Software, in Source |
348 |
> Code or Object Code form, provided that said redistribution complies with |
349 |
> all the provisions of the Agreement and is accompanied by: |
350 |
> - a copy of the Agreement, |
351 |
> - a notice relating to the limitation of both the Licensor's warranty |
352 |
> and liability as set forth in Articles 8 and 9, |
353 |
> and that, in the event that only the Modified Software's Object Code is |
354 |
> redistributed, the Licensee allows future Licensees unhindered access to |
355 |
> the Modified Software's full Source Code by providing them with the terms |
356 |
> and conditions for access thereto, it being understood that the additional |
357 |
> cost of acquiring the Source Code shall not exceed the cost of transferring |
358 |
> the data. |
359 |
> |
360 |
> |
361 |
> 5.3.3. redistribution OF DYNAMIC MODULES |
362 |
> |
363 |
> When the Licensee has developed a Dynamic Module, the terms and conditions |
364 |
> hereof do not apply to said Dynamic Module, that may be distributed under |
365 |
> a separate Licensing Agreement. |
366 |
> |
367 |
> 5.3.4. COMPATIBILITY WITH THE GPL LICENSE |
368 |
> |
369 |
> In the event that the Modified or unmodified Software is included in a code |
370 |
> that is subject to the provisions of the GPL License, the Licensee is |
371 |
> authorized to redistribute the whole under the GPL License. |
372 |
> |
373 |
> In the event that the Modified Software includes a code that is subject to |
374 |
> the provisions of the GPL License, the Licensee is authorized to |
375 |
> redistribute the Modified Software under the GPL License. |
376 |
> |
377 |
> |
378 |
> Article 6 - INTELLECTUAL PROPERTY |
379 |
> ---------------------------------- |
380 |
> |
381 |
> |
382 |
> 6.1. OVER THE INITIAL SOFTWARE |
383 |
> |
384 |
> The Holder owns the economic rights over the Initial Software. Any or all |
385 |
> use of the Initial Software is subject to compliance with the terms and |
386 |
> conditions under which the Holder has elected to distribute its work and no |
387 |
> one shall be entitled to and it shall have sole entitlement to modify the |
388 |
> terms and conditions for the distribution of said Initial Software. |
389 |
> |
390 |
> The Holder undertakes to maintain the distribution of the Initial Software |
391 |
> under the conditions of the Agreement, for the duration set forth in |
392 |
> article 4.2.. |
393 |
> |
394 |
> 6.2. OVER THE CONTRIBUTIONS |
395 |
> |
396 |
> The intellectual property rights over the Contributions belong to the |
397 |
> holder of the economic rights as designated by effective legislation. |
398 |
> |
399 |
> 6.3. OVER THE DYNAMIC MODULES |
400 |
> |
401 |
> The Licensee having developed a Dynamic Module is the holder of the |
402 |
> intellectual property rights over said Dynamic Module and is free to choose |
403 |
> the agreement that shall govern its distribution. |
404 |
> |
405 |
> 6.4. JOINT PROVISIONS |
406 |
> |
407 |
> 6.4.1. The Licensee expressly undertakes: |
408 |
> - not to remove, or modify, in any or all manner, the intellectual |
409 |
> property notices affixed to the Software; |
410 |
> - to reproduce said notices, in an identical manner, in the copies of |
411 |
> the Software. |
412 |
> |
413 |
> 6.4.2. The Licensee undertakes not to directly or indirectly infringe the |
414 |
> intellectual property rights of the Holder and/or Contributors and to take, |
415 |
> where applicable, vis-à-vis its staff, any or all measures required to |
416 |
> ensure respect for said intellectual property rights of the Holder and/or |
417 |
> Contributors. |
418 |
> |
419 |
> |
420 |
> Article 7 - RELATED SERVICES |
421 |
> ----------------------------- |
422 |
> |
423 |
> |
424 |
> 7.1. Under no circumstances shall the Agreement oblige the Licensor to |
425 |
> provide technical assistance or maintenance services for the Software. |
426 |
> |
427 |
> However, the Licensor is entitled to offer this type of service. The |
428 |
> terms and conditions of such technical assistance, and/or such |
429 |
> maintenance, shall then be set forth in a separate instrument. Only the |
430 |
> Licensor offering said maintenance and/or technical assistance services |
431 |
> shall incur liability therefor. |
432 |
> |
433 |
> 7.2. Similarly, any or all Licensor shall be entitled to offer to its |
434 |
> Licensees, under its own responsibility, a warranty, that shall only be |
435 |
> binding upon itself, for the redistribution of the Software and/or the |
436 |
> Modified Software, under terms and conditions that it shall decide upon |
437 |
> itself. Said warranty, and the financial terms and conditions of its |
438 |
> application, shall be subject to a separate instrument executed between the |
439 |
> Licensor and the Licensee. |
440 |
> |
441 |
> |
442 |
> Article 8 - LIABILITY |
443 |
> ---------------------- |
444 |
> |
445 |
> |
446 |
> 8.1. Subject to the provisions of Article 8.2, should the Licensor fail to |
447 |
> fulfill all or part of its obligations hereunder, the Licensee shall be |
448 |
> entitled to claim compensation for the direct loss suffered as a result of |
449 |
> a fault on the part of the Licensor, subject to providing evidence of it. |
450 |
> |
451 |
> 8.2. The Licensor's liability is limited to the commitments made under this |
452 |
> Licensing Agreement and shall not be incurred as a result , in particular: |
453 |
> (i) of loss due the Licensee's total or partial failure to fulfill its |
454 |
> obligations, (ii) direct or consequential loss due to the Software's use or |
455 |
> performance that is suffered by the Licensee, when the latter is a |
456 |
> professional using said Software for professional purposes and (iii) |
457 |
> consequential loss due to the Software's use or performance. The Parties |
458 |
> expressly agree that any or all pecuniary or business loss (i.e. loss of |
459 |
> data, loss of profits, operating loss, loss of customers or orders, |
460 |
> opportunity cost, any disturbance to business activities) or any or all |
461 |
> legal proceedings instituted against the Licensee by a third party, shall |
462 |
> constitute consequential loss and shall not provide entitlement to any or |
463 |
> all compensation from the Licensor. |
464 |
> |
465 |
> |
466 |
> Article 9 - WARRANTY |
467 |
> --------------------- |
468 |
> |
469 |
> |
470 |
> 9.1. The Licensee acknowledges that the current situation as regards |
471 |
> scientific and technical know-how at the time when the Software was |
472 |
> distributed did not enable all possible uses to be tested and verified, nor |
473 |
> for the presence of any or all faults to be detected. In this respect, the |
474 |
> Licensee's attention has been drawn to the risks associated with loading, |
475 |
> using, modifying and/or developing and reproducing the Software that are |
476 |
> reserved for experienced users. |
477 |
> |
478 |
> The Licensee shall be responsible for verifying, by any or all means, the |
479 |
> product's suitability for its requirements, its due and proper functioning, |
480 |
> and for ensuring that it shall not cause damage to either persons or |
481 |
> property. |
482 |
> |
483 |
> 9.2. The Licensor hereby represents, in good faith, that it is entitled to |
484 |
> grant all the rights on the Software (including in particular the rights |
485 |
> set forth in Article 5 hereof over the Software). |
486 |
> |
487 |
> 9.3. The Licensee acknowledges that the Software is supplied "as is" by the |
488 |
> Licensor without any or all other express or tacit warranty, other than |
489 |
> that provided for in Article 9.2 and, in particular, without any or all |
490 |
> warranty as to its market value, its secured, innovative or relevant |
491 |
> nature. |
492 |
> |
493 |
> Specifically, the Licensor does not warrant that the Software is free from |
494 |
> any or all error, that it shall operate continuously, that it shall be |
495 |
> compatible with the Licensee's own equipment and its software |
496 |
> configuration, nor that it shall meet the Licensee's requirements. |
497 |
> |
498 |
> 9.4. The Licensor does not either expressly or tacitly warrant that the |
499 |
> Software does not infringe any or all third party intellectual right |
500 |
> relating to a patent, software or to any or all other property right. |
501 |
> Moreover, the Licensor shall not hold the Licensee harmless against any or |
502 |
> all proceedings for infringement that may be instituted in respect of the |
503 |
> use, modification and redistribution of the Software. Nevertheless, should |
504 |
> such proceedings be instituted against the Licensee, the Licensor shall |
505 |
> provide it with technical and legal assistance for its defense. Such |
506 |
> technical and legal assistance shall be decided upon on a case-by-case |
507 |
> basis between the relevant Licensor and the Licensee pursuant to a |
508 |
> memorandum of understanding. The Licensor disclaims any or all liability as |
509 |
> regards the Licensee's use of the Software's name. No warranty shall be |
510 |
> provided as regards the existence of prior rights over the name of the |
511 |
> Software and as regards the existence of a trademark. |
512 |
> |
513 |
> |
514 |
> Article 10 - TERMINATION |
515 |
> ------------------------- |
516 |
> |
517 |
> |
518 |
> 10.1. In the event of a breach by the Licensee of its obligations |
519 |
> hereunder, the Licensor may automatically terminate this Agreement thirty |
520 |
> (30) days after notice has been sent to the Licensee and has remained |
521 |
> ineffective. |
522 |
> |
523 |
> 10.2. The Licensee whose Agreement is terminated shall no longer be |
524 |
> authorized to use, modify or distribute the Software. However, any or all |
525 |
> licenses that it may have granted prior to termination of the Agreement |
526 |
> shall remain valid subject to their having been granted in compliance with |
527 |
> the terms and conditions hereof. |
528 |
> |
529 |
> |
530 |
> Article 11 - MISCELLANEOUS PROVISIONS |
531 |
> -------------------------------------- |
532 |
> |
533 |
> |
534 |
> 11.1. EXCUSABLE EVENTS |
535 |
> |
536 |
> Neither Party shall be liable for any or all delay, or failure to perform |
537 |
> the Agreement, that may be attributable to an event of force majeure, an |
538 |
> act of God or an outside cause, such as, notably, defective functioning, or |
539 |
> interruptions affecting the electricity or telecommunications networks, |
540 |
> blocking of the network following a virus attack, the intervention of the |
541 |
> government authorities, natural disasters, water damage, earthquakes, fire, |
542 |
> explosions, strikes and labor unrest, war, etc. |
543 |
> |
544 |
> 11.2. The fact that either Party may fail, on one or several occasions, to |
545 |
> invoke one or several of the provisions hereof, shall under no |
546 |
> circumstances be interpreted as being a waiver by the interested Party of |
547 |
> its entitlement to invoke said provision(s) subsequently. |
548 |
> |
549 |
> 11.3. The Agreement cancels and replaces any or all previous agreement, |
550 |
> whether written or oral, between the Parties and having the same purpose, |
551 |
> and constitutes the entirety of the agreement between said Parties |
552 |
> concerning said purpose. No supplement or modification to the terms and |
553 |
> conditions hereof shall be effective as regards the Parties unless it is |
554 |
> made in writing and signed by their duly authorized representatives. |
555 |
> |
556 |
> 11.4. In the event that one or several of the provisions hereof were to |
557 |
> conflict with a current or future applicable act or legislative text, said |
558 |
> act or legislative text shall take precedence, and the Parties shall make |
559 |
> the necessary amendments so as to be in compliance with said act or |
560 |
> legislative text. All the other provisions shall remain effective. |
561 |
> Similarly, the fact that a provision of the Agreement may be null and |
562 |
> void, for any reason whatsoever, shall not cause the Agreement as a whole |
563 |
> to be null and void. |
564 |
> |
565 |
> 11.5. LANGUAGE |
566 |
> |
567 |
> The Agreement is drafted in both French and English. In the event of a |
568 |
> conflict as regards construction, the French version shall be deemed |
569 |
> authentic. |
570 |
> |
571 |
> |
572 |
> Article 12 - NEW VERSIONS OF THE AGREEMENT |
573 |
> ------------------------------------------- |
574 |
> |
575 |
> |
576 |
> 12.1. Any or all person is authorized to duplicate and distribute copies of |
577 |
> this Agreement. |
578 |
> |
579 |
> 12.2. So as to ensure coherence, the wording of this Agreement is protected |
580 |
> and may only be modified by the authors of the License, that reserve the |
581 |
> right to periodically publish updates or new versions of the Agreement, |
582 |
> each with a separate number. These subsequent versions may address new |
583 |
> issues |
584 |
> encountered by Free Software. |
585 |
> |
586 |
> 12.3. Any or all Software distributed under a given version of the |
587 |
> Agreement may only be subsequently distributed under the same version of |
588 |
> the Agreement, or a subsequent version, subject to the provisions of |
589 |
> article 5.3.4. |
590 |
> |
591 |
> |
592 |
> Article 13 - GOVERNING LAW AND JURISDICTION |
593 |
> ------------------------------------------- |
594 |
> |
595 |
> |
596 |
> 13.1. The Agreement is governed by French law. The Parties agree to |
597 |
> endeavor to settle the disagreements or disputes that may arise during the |
598 |
> performance of the Agreement out-of-court. |
599 |
> |
600 |
> 13.2. In the absence of an out-of-court settlement within two (2) months as |
601 |
> from their occurrence, and unless emergency proceedings are necessary, the |
602 |
> disagreements or disputes shall be referred to the Paris Courts having |
603 |
> jurisdiction, by the first Party to take action. |
604 |
> |
605 |
> |
606 |
> Version 1.1 of 10/26/2004 |
607 |
> |
608 |
> |
609 |
-----BEGIN PGP SIGNATURE----- |
610 |
Version: GnuPG v2.0.18 (GNU/Linux) |
611 |
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/ |
612 |
|
613 |
iQIcBAEBAgAGBQJPOh24AAoJELFAT5FmjZuEKwAP/1cNyq/1SibocoW3afTKqLsp |
614 |
L7UyksKiBjeQd50D2AluHO4H8MoxiVCb2NIFXu4ilxqTs8L3aLsL39L5BY8KlU9R |
615 |
YHCK2n4oyhCGW/2TRskvwxnmfhvK6d0G6MRLPfj8ki9/yTBaDYdExcw8gYrtbhT9 |
616 |
s36vsmEdddaGhedHJCNG1yCmVgp3HH7Cev0wnn+epN18+FDENlLkVhb8uiwg5COf |
617 |
8cHLzb9/aZgt5N86P28kIB9YF18+5n6g6T8cRmmsUh1dq17Bnd0HnzWM+2OMNq+r |
618 |
p3obAX8n8i2lBoK25wulfoGeEfc4vvv3kKJ3p6ImeV5M8AbrNRTgs1jLJB1FyCO8 |
619 |
lOwGXmylb+fVEmYPelPKbGZkN913BTE3v1AS/8K4IudGqkDlLXSmtNnxyQ+GQSEt |
620 |
7/mCe61MIqa8iKwV7E2BsqGZd0yqUOY8ekF0XJddKgAhzRNSrDJgj6SlWY+NMkSy |
621 |
U2sw3FRylb4MeWZeUblXNshInaoEEAzVJD6CaMN2QrDyxjtNbR3Vkj9H8W0GHKFi |
622 |
Gu4BXADYJwixu+kg3Z4kgYFARJlZ2aHp420Xo/ns/aNL8WBASIruQbrezbIZXEQE |
623 |
pJJZdjSlAg2fJolGfqVEKkaSnqPxpRtJDKmtMoQLwyzVD2H8FT10OxX7YHxDmtAx |
624 |
crNtrY0r/GFafX/J5kuL |
625 |
=QbA7 |
626 |
-----END PGP SIGNATURE----- |