Copyright
Copyright
# ENGLISH #
###########
Notice
The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
license are:
Preamble
This Agreement may apply to any or all software for which the holder of
the economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its
Object Code form and, where applicable, its documentation, "as is" when
it is first distributed under the terms and conditions of the Agreement.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of
the Source Code.
Holder: means the holder(s) of the economic rights over the Initial
Software.
Licensor: means the Holder, or any other individual or legal entity, who
distributes the Software under the Agreement.
External Module: means any or all Modules, not derived from the
Software, so that this Module and the Software run in separate address
spaces, with one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so
that they both execute in the same address space.
Article 2 - PURPOSE
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement upon the occurrence of the first of the
following events:
4.2 TERM
The Agreement shall remain in force for the entire legal term of
protection of the economic rights over the Software.
The Licensor hereby grants to the Licensee, who accepts, the following
rights over the Software for any or all use, and for the term of the
Agreement, on the basis of the terms and conditions set forth hereinafter.
and that, in the event that only the Object Code of the Software is
redistributed, the Licensee allows effective access to the full Source
Code of the Software at a minimum during the entire period of its
distribution of the Software, it being understood that the additional
cost of acquiring the Source Code shall not exceed the cost of
transferring the data.
When the Licensee has developed an External Module, the terms and
conditions of this Agreement do not apply to said External Module, that
may be distributed under a separate license agreement.
5.3.4 CREDITS
The Holder owns the economic rights over the Initial Software. Any or
all use of the Initial Software is subject to compliance with the terms
and conditions under which the Holder has elected to distribute its work
and no one shall be entitled to modify the terms and conditions for the
distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at
least by this Agreement, for the duration set forth in Article 4.2.
Article 8 - LIABILITY
Article 9 - WARRANTY
9.3 The Licensee acknowledges that the Software is supplied "as is" by
the Licensor without any other express or tacit warranty, other than
that provided for in Article 9.2 and, in particular, without any warranty
as to its commercial value, its secured, safe, innovative or relevant
nature.
Specifically, the Licensor does not warrant that the Software is free
from any error, that it will operate without interruption, that it will
be compatible with the Licensee's own equipment and software
configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any third party intellectual property right
relating to a patent, software or any other property right. Therefore,
the Licensor disclaims any and all liability towards the Licensee
arising out of any or all proceedings for infringement that may be
instituted in respect of the use, modification and redistribution of the
Software. Nevertheless, should such proceedings be instituted against
the Licensee, the Licensor shall provide it with technical and legal
assistance for its defense. Such technical and legal assistance shall be
decided on a case-by-case basis between the relevant Licensor and the
Licensee pursuant to a memorandum of understanding. The Licensor
disclaims any and all liability as regards the Licensee's use of the
name of the Software. No warranty is given as regards the existence of
prior rights over the name of the Software or as regards the existence
of a trademark.
Article 10 - TERMINATION
Article 11 - MISCELLANEOUS
11.3 The Agreement cancels and replaces any or all previous agreements,
whether written or oral, between the Parties and having the same
purpose, and constitutes the entirety of the agreement between said
Parties concerning said purpose. No supplement or modification to the
terms and conditions hereof shall be effective as between the Parties
unless it is made in writing and signed by their duly authorized
representatives.
11.4 In the event that one or more of the provisions hereof were to
conflict with a current or future applicable act or legislative text,
said act or legislative text shall prevail, and the Parties shall make
the necessary amendments so as to comply with said act or legislative
text. All other provisions shall remain effective. Similarly, invalidity
of a provision of the Agreement, for any reason whatsoever, shall not
cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions
are deemed authentic.
12.3 Any Software distributed under a given version of the Agreement may
only be subsequently distributed under the same version of the Agreement
or a subsequent version.
13.2 Failing an amicable solution within two (2) months as from their
occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the more diligent Party.
############
# FRAN�AIS #
############
Avertissement
Pr�ambule
Article 1 - DEFINITIONS
Dans ce contrat, les termes suivants, lorsqu'ils seront �crits avec une
lettre capitale, auront la signification suivante:
Module Externe: d�signe tout Module, non d�riv� du Logiciel, tel que ce
Module et le Logiciel s'ex�cutent dans des espaces d'adressage
diff�rents, l'un appelant l'autre au moment de leur ex�cution.
Article 3 - ACCEPTATION
4.2 DUREE
5.3.4 CITATIONS
Article 8 - RESPONSABILITE
Article 9 - GARANTIE
9.3 Le Licenci� reconna�t que le Logiciel est fourni "en l'�tat" par le
Conc�dant sans autre garantie, expresse ou tacite, que celle pr�vue �
l'article 9.2 et notamment sans aucune garantie sur sa valeur commerciale,
son caract�re s�curis�, innovant ou pertinent.
Article 10 - RESILIATION
11.5 LANGUE
12.3 Tout Logiciel diffus� sous une version donn�e du Contrat ne pourra
faire l'objet d'une diffusion ult�rieure que sous la m�me version du
Contrat ou une version post�rieure.
13.1 Le Contrat est r�gi par la loi fran�aise. Les Parties conviennent
de tenter de r�gler � l'amiable les diff�rends ou litiges qui
viendraient � se produire par suite ou � l'occasion du Contrat.
13.2 A d�faut d'accord amiable dans un d�lai de deux (2) mois � compter
de leur survenance et sauf situation relevant d'une proc�dure d'urgence,
les diff�rends ou litiges seront port�s par la Partie la plus diligente
devant les Tribunaux comp�tents de Paris.