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I would like to write an ebuild for some software that is CeDILL-1.1 |
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licensed, but the license is not in the portage tree. The CeDILL-2 |
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license is in the portage tree. |
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|
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I had a chat with robbat in #gentoo-dev on freenode about importing this |
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license into the tree. He did not see any problems with it, but he asked |
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me to send my request to the mailing list. The IRC transcript is below: |
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|
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02:42 <+gentoofan> ulm: ping |
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02:43 <+gentoofan> I am told that you know a good deal about licensing. |
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I am thinking of writing an ebuild for some software licensed |
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CeCILL-1.1, which is not in portage. The terms of the license worry me: |
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http://paste.pocoo.org/show/550666/ |
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02:44 <+gentoofan> In particular, it seems like I am giving up my rights |
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as a US citizen by agreeing to their license: "13.1 The Agreement is |
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governed by French law." "In the event of a conflict as |
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regards construction, the French version shall be |
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deemed authentic." |
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02:45 <+gentoofan> The software is behind a download wall that requires |
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registration and an agreement to their license, even though all I want |
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to do is write an ebuild. Should I be worried about being hauled to a |
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court in France if there is ever a dispute arising from |
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the creation of the ebuild? |
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02:45 <@robbat2> gentoofan, that's no different that many other EULAs |
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that state any lawsuits involving the license must be brought in California |
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02:46 <@antarus> gentoofan: I presume we aren't distributing it? |
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02:46 <+gentoofan> robbat2: I prefer California to France. Password |
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hashing is illegal in France. |
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02:46 <@antarus> I only need to agree to the license to use the |
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software, or to redistribute it, not to write an ebuild ;p |
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02:47 <+gentoofan> antarus: I seem to also need to agree to download it. :/ |
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02:47 <@robbat2> the "Adobe" license says: California if in |
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Canada/US/Mexico ; Japan if in Asia ; Netherlands for all other |
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jurisdictions |
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02:48 <@robbat2> yes, 3.1, if you download it or distribute it, you are |
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bound by the rest of the terms of the license |
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02:48 <+gentoofan> This is their site. It only permits people to |
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download who agree: http://www.nemo-ocean.eu/ |
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02:49 <+gentoofan> They distribute by password protected SVN. :/ |
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02:49 <@antarus> why do you want to use it then? ;p |
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02:49 <+gentoofan> antarus: A professor I know wants it installed. |
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02:49 <+gentoofan> You can say this is academic politics. -_- |
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02:49 <@robbat2> the license is already in the tree |
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02:49 <@antarus> oh I am familiar ;p |
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02:49 <+gentoofan> Version 1.1? |
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02:49 <@robbat2> v 2 |
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02:50 <@antarus> I blame france for everything |
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02:50 <@robbat2> but see clause 12.3 |
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02:50 <@robbat2> of v1.1 |
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02:50 <@robbat2> that says you can elect to use v2 |
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02:51 <+gentoofan> Does Gentoo policy permit people to relicense stuff |
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in the portage tree under a more restrictive license if the license |
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permits it? I would have thought that people would want the original |
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license terms. |
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02:51 <@antarus> license syntax supports || |
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02:52 <@robbat2> one sec, i'm compare v1.1 to v2 |
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02:52 <@robbat2> (both ulm and myself are in the licenses team) |
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02:52 <+gentoofan> robbat2: Ah, cool. :) |
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02:54 -!- GurliGebis [~GurliGebi@××××××××××××××××××××.dk] has joined |
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#gentoo-dev |
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02:54 -!- GurliGebis [~GurliGebi@××××××××××××××××××××.dk] has quit |
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[Changing host] |
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02:54 -!- GurliGebis [~GurliGebi@gentoo/developer/gurligebis] has joined |
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#gentoo-dev |
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02:55 <@jdhore> JUST to be odd and different |
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02:56 <@jdhore> whoops, wrong window |
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02:56 <@robbat2> ok, there's no substantial difference between v1.1 and v2 |
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02:56 <@robbat2> just a lot of cleanups for clarity |
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02:56 -!- danblack [~dragonhea@gentoo/developer/dragonheart] has quit |
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[Ping timeout: 276 seconds] |
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02:56 <@robbat2> (it somebody added ignore-punctation to wdiff, it would |
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be really useful, just saying...) |
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02:56 -!- Slackwise_ [~Slackwise@×××××××××××××××××××××××××××××××.net] |
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has joined #gentoo-dev |
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02:57 <+gentoofan> robbat2: Should I file a bug report about putting it |
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into the tree? |
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02:57 -!- fisted [~fisted@unaffiliated/fisted] has quit [Quit: leaving] |
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02:58 <@robbat2> the only bit of legal significence is v1.1 called the |
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modules dynamic and static, while v2 calls them internal & external. the |
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impact is the same (basically LGPL vs GPL) |
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02:58 <@robbat2> it's adding a new license, so you need to email it to |
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the gentoo-dev list |
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02:58 <@robbat2> in your email, note that it's similar to the v2 license |
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02:58 <@robbat2> that's already in the tree |
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02:59 <+gentoofan> robbat2: Okay. Will do. |
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02:59 <@robbat2> there no other concerns with packaging this app |
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02:59 -!- fisted [~fisted@unaffiliated/fisted] has joined #gentoo-dev |
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02:59 <+gentoofan> Should I include a transcript of the #gentoo-dev |
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discussion? |
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02:59 <@robbat2> mention it if you want |
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|
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Here are the license terms: |
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|
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FREE SOFTWARE LICENSING AGREEMENT CeCILL |
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======================================== |
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|
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|
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Notice |
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- ------ |
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|
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|
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This Agreement is a free software license that is the result of discussions |
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between its authors in order to ensure compliance with the two main |
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principles guiding its drafting: |
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- firstly, its conformity with French law, both as regards the law of |
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torts and intellectual property law, and the protection that it offers |
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to authors and the holders of economic rights over software. |
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- secondly, compliance with the principles for the distribution of free |
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software: access to source codes, extended user-rights. |
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|
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The following bodies are the authors of this license CeCILL (Ce : CEA, C : |
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CNRS, I : INRIA, LL : Logiciel Libre): |
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|
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Commissariat à l'Energie Atomique - CEA, a public scientific, technical and |
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industrial establishment, having its principal place of business at 31-33 |
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rue de la Fédération, 75752 PARIS cedex 15, France. |
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|
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Centre National de la Recherche Scientifique - CNRS, a public scientific |
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and technological establishment, having its principal place of business at |
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3 rue Michel-Ange 75794 Paris cedex 16, France. |
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|
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Institut National de Recherche en Informatique et en Automatique - INRIA, a |
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public scientific and technological establishment, having its principal |
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place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le |
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Chesnay cedex. |
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|
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|
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PREAMBLE |
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- -------- |
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|
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|
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The purpose of this Free Software Licensing Agreement is to grant users the |
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right to modify and redistribute the software governed by this license |
137 |
within the framework of an "open source" distribution model. |
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|
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The exercising of these rights is conditional upon certain obligations for |
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users so as to ensure that this status is retained for subsequent |
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redistribution operations. |
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|
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As a counterpart to the access to the source code and rights to copy, modify |
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and redistribute granted by the license, users are provided only with a |
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limited warranty and the software's author, the holder of the economic |
146 |
rights, and the successive licensors only have limited liability. |
147 |
|
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In this respect, it is brought to the user's attention that the risks |
149 |
associated with loading, using, modifying and/or developing or reproducing |
150 |
the software by the user given its nature of Free Software, that may |
151 |
mean that it is complicated to manipulate, and that also therefore means |
152 |
that it is reserved for developers and experienced professionals having |
153 |
in-depth computer knowledge. Users are therefore encouraged to load and test |
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the Software's suitability as regards their requirements in conditions |
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enabling the security of their systems and/or data to be ensured and, more |
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generally, to use and operate it in the same conditions of security. |
157 |
This Agreement may be freely reproduced and published, provided it is |
158 |
not altered, and that no Articles are either added or removed herefrom. |
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|
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This Agreement may apply to any or all software for which the holder of the |
161 |
economic rights decides to submit the operation thereof to its provisions. |
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|
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|
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Article 1 - DEFINITIONS |
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- ------------------------ |
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|
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|
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For the purposes of this Agreement, when the following expressions commence |
169 |
with a capital letter, they shall have the following meaning: |
170 |
|
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Agreement: means this Licensing Agreement, and any or all of its subsequent |
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versions. |
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|
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Software: means the software in its Object Code and/or Source Code form |
175 |
and, where applicable, its documentation, "as is" at the time when the |
176 |
Licensee accepts the Agreement. |
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|
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Initial Software: means the Software in its Source Code and/or Object Code |
179 |
form and, where applicable, its documentation, "as is" at the time when it |
180 |
is distributed for the first time under the terms and conditions of the |
181 |
Agreement. |
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|
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Modified Software: means the Software modified by at least one |
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Contribution. |
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|
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Source Code: means all the Software's instructions and program lines to |
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which access is required so as to modify the Software. |
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|
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Object Code: means the binary files originating from the compilation of the |
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Source Code. |
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|
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Holder: means the holder of the economic rights over the Initial |
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Software. |
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|
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Licensee(s): mean(s) the Software user(s) having accepted the Agreement. |
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|
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Contributor: means a Licensee having made at least one Contribution. |
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|
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Licensor: means the Holder, or any or all other individual or legal entity, |
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that distributes the Software under the Agreement. |
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|
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Contributions: mean any or all modifications, corrections, translations, |
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adaptations and/or new functionalities integrated into the Software by any |
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or all Contributor, and the Static Modules. |
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|
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Module: means a set of sources files including their documentation that, |
207 |
once compiled in executable form, enables supplementary functionalities or |
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services to be developed in addition to those offered by the Software. |
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|
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Dynamic Module: means any or all module, created by the Contributor, that |
211 |
is independent of the Software, so that this module and the Software are in |
212 |
two different executable forms that are run in separate address spaces, |
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with one calling the other when they are run. |
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|
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Static Module: means any or all module, created by the Contributor and |
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connected to the Software by a static link that makes their object codes |
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interdependent. This module and the Software to which it is connected, are |
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combined in a single executable. |
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|
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Parties: mean both the Licensee and the Licensor. |
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|
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These expressions may be used both in singular and plural form. |
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|
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|
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Article 2 - PURPOSE |
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- ------------------- |
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|
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|
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The purpose of the Agreement is to enable the Licensor to grant the |
230 |
Licensee a free, non-exclusive, transferable and worldwide License for the |
231 |
Software as set forth in Article 5 hereinafter for the whole term of |
232 |
protection of the rights over said Software. |
233 |
|
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|
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Article 3 - ACCEPTANCE |
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- ---------------------- |
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|
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|
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3.1. The Licensee shall be deemed as having accepted the terms and |
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conditions of this Agreement by the occurrence of the first of the |
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following events: |
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- - (i) loading the Software by any or all means, notably, by downloading |
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from a remote server, or by loading from a physical medium; |
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- - (ii) the first time the Licensee exercises any of the rights granted |
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hereunder. |
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|
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3.2. One copy of the Agreement, containing a notice relating to the |
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specific nature of the Software, to the limited warranty, and to the |
249 |
limitation to use by experienced users has been provided to the Licensee |
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prior to its acceptance as set forth in Article 3.1 hereinabove, and the |
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Licensee hereby acknowledges that it is aware thereof. |
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|
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|
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Article 4 - EFFECTIVE DATE AND TERM |
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- ----------------------------------- |
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|
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|
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4.1. EFFECTIVE DATE |
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|
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The Agreement shall become effective on the date when it is accepted by the |
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Licensee as set forth in Article 3.1. |
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|
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4.2. TERM |
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|
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The Agreement shall remain in force during the whole legal term of |
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protection of the economic rights over the Software. |
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|
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|
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Article 5 - SCOPE OF THE RIGHTS GRANTED |
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- --------------------------------------- |
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|
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|
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The Licensor hereby grants to the Licensee, that accepts such, the |
274 |
following rights as regards the Software for any or all use, and for the |
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term of the Agreement, on the basis of the terms and conditions set forth |
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hereinafter. |
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|
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Otherwise, the Licensor grants to the Licensee free of charge exploitation |
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rights on the patents he holds on whole or part of the inventions |
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implemented in the Software. |
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|
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5.1. RIGHTS OF USE |
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|
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The Licensee is authorized to use the Software, unrestrictedly, as regards |
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the fields of application, with it being hereinafter specified that this |
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relates to: |
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- - permanent or temporary reproduction of all or part of the Software by |
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any or all means and in any or all form. |
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- - loading, displaying, running, or storing the Software on any or all |
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medium. |
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- - entitlement to observe, study or test the operation thereof so as to |
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establish the ideas and principles that form the basis for any or all |
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constituent elements of said Software. This shall apply when the |
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Licensee carries out any or all loading, displaying, running, |
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transmission or storage operation as regards the Software, that it is |
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entitled to carry out hereunder. |
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|
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5.2. entitlement to make CONTRIBUTIONS |
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|
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The right to make Contributions includes the right to translate, adapt, |
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arrange, or make any or all modification to the Software, and the right to |
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reproduce the resulting Software. |
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|
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The Licensee is authorized to make any or all Contribution to the Software |
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provided that it explicitly mentions its name as the author of said |
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Contribution and the date of the development thereof. |
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|
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5.3. DISTRIBUTION AND PUBLICATION RIGHTS |
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|
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In particular, the right of distribution and publication includes the right |
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to transmit and communicate the Software to the general public on any or |
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all medium, and by any or all means, and the right to market, either in |
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consideration of a fee, or free of charge, a copy or copies of the Software |
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by means of any or all process. |
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The Licensee is further authorized to redistribute copies of the modified |
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or unmodified Software to third parties according to the terms and |
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conditions set forth hereinafter. |
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|
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5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
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|
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The Licensee is authorized to redistribute true copies of the Software in |
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Source Code or Object Code form, provided that said redistribution complies |
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with all the provisions of the Agreement and is accompanied by: |
324 |
- - a copy of the Agreement, |
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- - a notice relating to the limitation of both the Licensor's warranty |
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and liability as set forth in Articles 8 and 9, |
327 |
and that, in the event that only the Software's Object Code is |
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redistributed, the Licensee allows future Licensees unhindered access to |
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the Software's full Source Code by providing them with the terms and |
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conditions for access thereto, it being understood that the additional cost |
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of acquiring the Source Code shall not exceed the cost of transferring the |
332 |
data. |
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|
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5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE |
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|
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When the Licensee makes a Contribution to the Software, the terms and |
337 |
conditions for the redistribution of the Modified Software shall then be |
338 |
subject to all the provisions hereof. |
339 |
|
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The Licensee is authorized to redistribute the Modified Software, in Source |
341 |
Code or Object Code form, provided that said redistribution complies with |
342 |
all the provisions of the Agreement and is accompanied by: |
343 |
- - a copy of the Agreement, |
344 |
- - a notice relating to the limitation of both the Licensor's warranty |
345 |
and liability as set forth in Articles 8 and 9, |
346 |
and that, in the event that only the Modified Software's Object Code is |
347 |
redistributed, the Licensee allows future Licensees unhindered access to |
348 |
the Modified Software's full Source Code by providing them with the terms |
349 |
and conditions for access thereto, it being understood that the additional |
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cost of acquiring the Source Code shall not exceed the cost of transferring |
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the data. |
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|
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|
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5.3.3. redistribution OF DYNAMIC MODULES |
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|
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When the Licensee has developed a Dynamic Module, the terms and conditions |
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hereof do not apply to said Dynamic Module, that may be distributed under |
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a separate Licensing Agreement. |
359 |
|
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5.3.4. COMPATIBILITY WITH THE GPL LICENSE |
361 |
|
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In the event that the Modified or unmodified Software is included in a code |
363 |
that is subject to the provisions of the GPL License, the Licensee is |
364 |
authorized to redistribute the whole under the GPL License. |
365 |
|
366 |
In the event that the Modified Software includes a code that is subject to |
367 |
the provisions of the GPL License, the Licensee is authorized to |
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redistribute the Modified Software under the GPL License. |
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|
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|
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Article 6 - INTELLECTUAL PROPERTY |
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- ---------------------------------- |
373 |
|
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|
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6.1. OVER THE INITIAL SOFTWARE |
376 |
|
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The Holder owns the economic rights over the Initial Software. Any or all |
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use of the Initial Software is subject to compliance with the terms and |
379 |
conditions under which the Holder has elected to distribute its work and no |
380 |
one shall be entitled to and it shall have sole entitlement to modify the |
381 |
terms and conditions for the distribution of said Initial Software. |
382 |
|
383 |
The Holder undertakes to maintain the distribution of the Initial Software |
384 |
under the conditions of the Agreement, for the duration set forth in |
385 |
article 4.2.. |
386 |
|
387 |
6.2. OVER THE CONTRIBUTIONS |
388 |
|
389 |
The intellectual property rights over the Contributions belong to the |
390 |
holder of the economic rights as designated by effective legislation. |
391 |
|
392 |
6.3. OVER THE DYNAMIC MODULES |
393 |
|
394 |
The Licensee having developed a Dynamic Module is the holder of the |
395 |
intellectual property rights over said Dynamic Module and is free to choose |
396 |
the agreement that shall govern its distribution. |
397 |
|
398 |
6.4. JOINT PROVISIONS |
399 |
|
400 |
6.4.1. The Licensee expressly undertakes: |
401 |
- - not to remove, or modify, in any or all manner, the intellectual |
402 |
property notices affixed to the Software; |
403 |
- - to reproduce said notices, in an identical manner, in the copies of |
404 |
the Software. |
405 |
|
406 |
6.4.2. The Licensee undertakes not to directly or indirectly infringe the |
407 |
intellectual property rights of the Holder and/or Contributors and to take, |
408 |
where applicable, vis-à-vis its staff, any or all measures required to |
409 |
ensure respect for said intellectual property rights of the Holder and/or |
410 |
Contributors. |
411 |
|
412 |
|
413 |
Article 7 - RELATED SERVICES |
414 |
- ----------------------------- |
415 |
|
416 |
|
417 |
7.1. Under no circumstances shall the Agreement oblige the Licensor to |
418 |
provide technical assistance or maintenance services for the Software. |
419 |
|
420 |
However, the Licensor is entitled to offer this type of service. The |
421 |
terms and conditions of such technical assistance, and/or such |
422 |
maintenance, shall then be set forth in a separate instrument. Only the |
423 |
Licensor offering said maintenance and/or technical assistance services |
424 |
shall incur liability therefor. |
425 |
|
426 |
7.2. Similarly, any or all Licensor shall be entitled to offer to its |
427 |
Licensees, under its own responsibility, a warranty, that shall only be |
428 |
binding upon itself, for the redistribution of the Software and/or the |
429 |
Modified Software, under terms and conditions that it shall decide upon |
430 |
itself. Said warranty, and the financial terms and conditions of its |
431 |
application, shall be subject to a separate instrument executed between the |
432 |
Licensor and the Licensee. |
433 |
|
434 |
|
435 |
Article 8 - LIABILITY |
436 |
- ---------------------- |
437 |
|
438 |
|
439 |
8.1. Subject to the provisions of Article 8.2, should the Licensor fail to |
440 |
fulfill all or part of its obligations hereunder, the Licensee shall be |
441 |
entitled to claim compensation for the direct loss suffered as a result of |
442 |
a fault on the part of the Licensor, subject to providing evidence of it. |
443 |
|
444 |
8.2. The Licensor's liability is limited to the commitments made under this |
445 |
Licensing Agreement and shall not be incurred as a result , in particular: |
446 |
(i) of loss due the Licensee's total or partial failure to fulfill its |
447 |
obligations, (ii) direct or consequential loss due to the Software's use or |
448 |
performance that is suffered by the Licensee, when the latter is a |
449 |
professional using said Software for professional purposes and (iii) |
450 |
consequential loss due to the Software's use or performance. The Parties |
451 |
expressly agree that any or all pecuniary or business loss (i.e. loss of |
452 |
data, loss of profits, operating loss, loss of customers or orders, |
453 |
opportunity cost, any disturbance to business activities) or any or all |
454 |
legal proceedings instituted against the Licensee by a third party, shall |
455 |
constitute consequential loss and shall not provide entitlement to any or |
456 |
all compensation from the Licensor. |
457 |
|
458 |
|
459 |
Article 9 - WARRANTY |
460 |
- --------------------- |
461 |
|
462 |
|
463 |
9.1. The Licensee acknowledges that the current situation as regards |
464 |
scientific and technical know-how at the time when the Software was |
465 |
distributed did not enable all possible uses to be tested and verified, nor |
466 |
for the presence of any or all faults to be detected. In this respect, the |
467 |
Licensee's attention has been drawn to the risks associated with loading, |
468 |
using, modifying and/or developing and reproducing the Software that are |
469 |
reserved for experienced users. |
470 |
|
471 |
The Licensee shall be responsible for verifying, by any or all means, the |
472 |
product's suitability for its requirements, its due and proper functioning, |
473 |
and for ensuring that it shall not cause damage to either persons or |
474 |
property. |
475 |
|
476 |
9.2. The Licensor hereby represents, in good faith, that it is entitled to |
477 |
grant all the rights on the Software (including in particular the rights |
478 |
set forth in Article 5 hereof over the Software). |
479 |
|
480 |
9.3. The Licensee acknowledges that the Software is supplied "as is" by the |
481 |
Licensor without any or all other express or tacit warranty, other than |
482 |
that provided for in Article 9.2 and, in particular, without any or all |
483 |
warranty as to its market value, its secured, innovative or relevant |
484 |
nature. |
485 |
|
486 |
Specifically, the Licensor does not warrant that the Software is free from |
487 |
any or all error, that it shall operate continuously, that it shall be |
488 |
compatible with the Licensee's own equipment and its software |
489 |
configuration, nor that it shall meet the Licensee's requirements. |
490 |
|
491 |
9.4. The Licensor does not either expressly or tacitly warrant that the |
492 |
Software does not infringe any or all third party intellectual right |
493 |
relating to a patent, software or to any or all other property right. |
494 |
Moreover, the Licensor shall not hold the Licensee harmless against any or |
495 |
all proceedings for infringement that may be instituted in respect of the |
496 |
use, modification and redistribution of the Software. Nevertheless, should |
497 |
such proceedings be instituted against the Licensee, the Licensor shall |
498 |
provide it with technical and legal assistance for its defense. Such |
499 |
technical and legal assistance shall be decided upon on a case-by-case |
500 |
basis between the relevant Licensor and the Licensee pursuant to a |
501 |
memorandum of understanding. The Licensor disclaims any or all liability as |
502 |
regards the Licensee's use of the Software's name. No warranty shall be |
503 |
provided as regards the existence of prior rights over the name of the |
504 |
Software and as regards the existence of a trademark. |
505 |
|
506 |
|
507 |
Article 10 - TERMINATION |
508 |
- ------------------------- |
509 |
|
510 |
|
511 |
10.1. In the event of a breach by the Licensee of its obligations |
512 |
hereunder, the Licensor may automatically terminate this Agreement thirty |
513 |
(30) days after notice has been sent to the Licensee and has remained |
514 |
ineffective. |
515 |
|
516 |
10.2. The Licensee whose Agreement is terminated shall no longer be |
517 |
authorized to use, modify or distribute the Software. However, any or all |
518 |
licenses that it may have granted prior to termination of the Agreement |
519 |
shall remain valid subject to their having been granted in compliance with |
520 |
the terms and conditions hereof. |
521 |
|
522 |
|
523 |
Article 11 - MISCELLANEOUS PROVISIONS |
524 |
- -------------------------------------- |
525 |
|
526 |
|
527 |
11.1. EXCUSABLE EVENTS |
528 |
|
529 |
Neither Party shall be liable for any or all delay, or failure to perform |
530 |
the Agreement, that may be attributable to an event of force majeure, an |
531 |
act of God or an outside cause, such as, notably, defective functioning, or |
532 |
interruptions affecting the electricity or telecommunications networks, |
533 |
blocking of the network following a virus attack, the intervention of the |
534 |
government authorities, natural disasters, water damage, earthquakes, fire, |
535 |
explosions, strikes and labor unrest, war, etc. |
536 |
|
537 |
11.2. The fact that either Party may fail, on one or several occasions, to |
538 |
invoke one or several of the provisions hereof, shall under no |
539 |
circumstances be interpreted as being a waiver by the interested Party of |
540 |
its entitlement to invoke said provision(s) subsequently. |
541 |
|
542 |
11.3. The Agreement cancels and replaces any or all previous agreement, |
543 |
whether written or oral, between the Parties and having the same purpose, |
544 |
and constitutes the entirety of the agreement between said Parties |
545 |
concerning said purpose. No supplement or modification to the terms and |
546 |
conditions hereof shall be effective as regards the Parties unless it is |
547 |
made in writing and signed by their duly authorized representatives. |
548 |
|
549 |
11.4. In the event that one or several of the provisions hereof were to |
550 |
conflict with a current or future applicable act or legislative text, said |
551 |
act or legislative text shall take precedence, and the Parties shall make |
552 |
the necessary amendments so as to be in compliance with said act or |
553 |
legislative text. All the other provisions shall remain effective. |
554 |
Similarly, the fact that a provision of the Agreement may be null and |
555 |
void, for any reason whatsoever, shall not cause the Agreement as a whole |
556 |
to be null and void. |
557 |
|
558 |
11.5. LANGUAGE |
559 |
|
560 |
The Agreement is drafted in both French and English. In the event of a |
561 |
conflict as regards construction, the French version shall be deemed |
562 |
authentic. |
563 |
|
564 |
|
565 |
Article 12 - NEW VERSIONS OF THE AGREEMENT |
566 |
- ------------------------------------------- |
567 |
|
568 |
|
569 |
12.1. Any or all person is authorized to duplicate and distribute copies of |
570 |
this Agreement. |
571 |
|
572 |
12.2. So as to ensure coherence, the wording of this Agreement is protected |
573 |
and may only be modified by the authors of the License, that reserve the |
574 |
right to periodically publish updates or new versions of the Agreement, |
575 |
each with a separate number. These subsequent versions may address new |
576 |
issues |
577 |
encountered by Free Software. |
578 |
|
579 |
12.3. Any or all Software distributed under a given version of the |
580 |
Agreement may only be subsequently distributed under the same version of |
581 |
the Agreement, or a subsequent version, subject to the provisions of |
582 |
article 5.3.4. |
583 |
|
584 |
|
585 |
Article 13 - GOVERNING LAW AND JURISDICTION |
586 |
- ------------------------------------------- |
587 |
|
588 |
|
589 |
13.1. The Agreement is governed by French law. The Parties agree to |
590 |
endeavor to settle the disagreements or disputes that may arise during the |
591 |
performance of the Agreement out-of-court. |
592 |
|
593 |
13.2. In the absence of an out-of-court settlement within two (2) months as |
594 |
from their occurrence, and unless emergency proceedings are necessary, the |
595 |
disagreements or disputes shall be referred to the Paris Courts having |
596 |
jurisdiction, by the first Party to take action. |
597 |
|
598 |
|
599 |
Version 1.1 of 10/26/2004 |
600 |
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