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Gentoo's Bugzilla – Attachment 70369 Details for
Bug 108878
New license: CeCILL
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The English text of the CeCILL license, version 2.
CeCILL-V2-en.txt (text/plain), 21.08 KB, created by
J.Borme
on 2005-10-11 09:02:44 UTC
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The English text of the CeCILL license, version 2.
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J.Borme
Created:
2005-10-11 09:02:44 UTC
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> CeCILL FREE SOFTWARE LICENSE AGREEMENT > > > Notice > >This Agreement is a Free Software license agreement that is the result >of discussions between its authors in order to ensure compliance with >the two main principles guiding its drafting: > > * firstly, compliance with the principles governing the distribution > of Free Software: access to source code, broad rights granted to > users, > * secondly, the election of a governing law, French law, with which > it is conformant, both as regards the law of torts and > intellectual property law, and the protection that it offers to > both authors and holders of the economic rights over software. > >The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre]) >license are: > >Commissariat à l'Energie Atomique - CEA, a public scientific, technical >and industrial establishment, having its principal place of business at >31-33 rue de la Fédération, 75752 Paris cedex 15, France. > >Centre National de la Recherche Scientifique - CNRS, a public scientific >and technological establishment, having its principal place of business >at 3 rue Michel-Ange 75794 Paris cedex 16, France. > >Institut National de Recherche en Informatique et en Automatique - >INRIA, a public scientific and technological establishment, having its >principal place of business at Domaine de Voluceau, Rocquencourt, BP >105, 78153 Le Chesnay cedex, France. > > > Preamble > >The purpose of this Free Software license agreement is to grant users >the right to modify and redistribute the software governed by this >license within the framework of an open source distribution model. > >The exercising of these rights is conditional upon certain obligations >for users so as to preserve this status for all subsequent redistributions. > >In consideration of access to the source code and the rights to copy, >modify and redistribute granted by the license, users are provided only >with a limited warranty and the software's author, the holder of the >economic rights, and the successive licensors only have limited liability. > >In this respect, the risks associated with loading, using, modifying >and/or developing or reproducing the software by the user are brought to >the user's attention, given its Free Software status, which may make it >complicated to use, with the result that its use is reserved for >developers and experienced professionals having in-depth computer >knowledge. Users are therefore encouraged to load and test the >Software's suitability as regards their requirements in conditions >enabling the security of their systems and/or data to be ensured and, >more generally, to use and operate it in the same conditions of >security. This Agreement may be freely reproduced and published, >provided it is not altered, and that no provisions are either added or >removed herefrom. > >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 > >For the purpose of this Agreement, when the following expressions >commence with a capital letter, they shall have the following meaning: > >Agreement: means this license agreement, and its possible subsequent >versions and annexes. > >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. > >Modified Software: means the Software modified by at least one >Contribution. > >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. > >Licensee: means the Software user(s) having accepted the Agreement. > >Contributor: means a Licensee having made at least one Contribution. > >Licensor: means the Holder, or any other individual or legal entity, who >distributes the Software under the Agreement. > >Contribution: means any or all modifications, corrections, translations, >adaptations and/or new functions integrated into the Software by any or >all Contributors, as well as any or all Internal Modules. > >Module: means a set of sources files including their documentation that >enables supplementary functions or services in addition to those offered >by the Software. > >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. > >GNU GPL: means the GNU General Public License version 2 or any >subsequent version, as published by the Free Software Foundation Inc. > >Parties: mean both the Licensee and the Licensor. > >These expressions may be used both in singular and plural form. > > > Article 2 - PURPOSE > >The purpose of the Agreement is the grant by the Licensor to the >Licensee of a non-exclusive, transferable and worldwide license for the >Software as set forth in Article 5 hereinafter for the whole term of the >protection granted by the rights over said Software. > > > 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: > > * (i) loading the Software by any or all means, notably, by > downloading from a remote server, or by loading from a physical > medium; > * (ii) the first time the Licensee exercises any of the rights > granted hereunder. > >3.2 One copy of the Agreement, containing a notice relating to the >characteristics of the Software, to the limited warranty, and to the >fact that its use is restricted to experienced users has been provided >to the Licensee prior to its acceptance as set forth in Article 3.1 >hereinabove, and the Licensee hereby acknowledges that it has read and >understood it. > > > Article 4 - EFFECTIVE DATE AND TERM > > > 4.1 EFFECTIVE DATE > >The Agreement shall become effective on the date when it is accepted by >the Licensee as set forth in Article 3.1. > > > 4.2 TERM > >The Agreement shall remain in force for the entire legal term of >protection of the economic rights over the Software. > > > Article 5 - SCOPE OF RIGHTS GRANTED > >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. > >Besides, if the Licensor owns or comes to own one or more patents >protecting all or part of the functions of the Software or of its >components, the Licensor undertakes not to enforce the rights granted by >these patents against successive Licensees using, exploiting or >modifying the Software. If these patents are transferred, the Licensor >undertakes to have the transferees subscribe to the obligations set >forth in this paragraph. > > > 5.1 RIGHT OF USE > >The Licensee is authorized to use the Software, without any limitation >as to its fields of application, with it being hereinafter specified >that this comprises: > > 1. permanent or temporary reproduction of all or part of the Software > by any or all means and in any or all form. > > 2. loading, displaying, running, or storing the Software on any or > all medium. > > 3. entitlement to observe, study or test its operation so as to > determine the ideas and principles behind any or all constituent > elements of said Software. This shall apply when the Licensee > carries out any or all loading, displaying, running, transmission > or storage operation as regards the Software, that it is entitled > to carry out hereunder. > > > 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS > >The right to make Contributions includes the right to translate, adapt, >arrange, or make any or all modifications to the Software, and the right >to reproduce the resulting Software. > >The Licensee is authorized to make any or all Contributions to the >Software provided that it includes an explicit notice that it is the >author of said Contribution and indicates the date of the creation thereof. > > > 5.3 RIGHT OF DISTRIBUTION > >In particular, the right of distribution includes the right to publish, >transmit and communicate the Software to the general public on any or >all medium, and by any or all means, and the right to market, either in >consideration of a fee, or free of charge, one or more copies of the >Software by any means. > >The Licensee is further authorized to distribute copies of the modified >or unmodified Software to third parties according to the terms and >conditions set forth hereinafter. > > > 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION > >The Licensee is authorized to distribute true copies of the Software in >Source Code or Object Code form, provided that said distribution >complies with all the provisions of the Agreement and is accompanied by: > > 1. a copy of the Agreement, > > 2. a notice relating to the limitation of both the Licensor's > warranty and liability as set forth in Articles 8 and 9, > >and that, in the event that only the Object Code of the Software is >redistributed, the Licensee allows future Licensees unhindered access to >the full Source Code of the Software by indicating how to access it, it >being understood that the additional cost of acquiring the Source Code >shall not exceed the cost of transferring the data. > > > 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE > >When the Licensee makes a Contribution to the Software, the terms and >conditions for the distribution of the Modified Software become subject >to all the provisions of this Agreement. > >The Licensee is authorized to distribute the Modified Software, in >Source Code or Object Code form, provided that said distribution >complies with all the provisions of the Agreement and is accompanied by: > > 1. a copy of the Agreement, > > 2. a notice relating to the limitation of both the Licensor's > warranty and liability as set forth in Articles 8 and 9, > >and that, in the event that only the Object Code of the Modified >Software is redistributed, the Licensee allows future Licensees >unhindered access to the full Source Code of the Modified Software by >indicating how to access it, it being understood that the additional >cost of acquiring the Source Code shall not exceed the cost of >transferring the data. > > > 5.3.3 DISTRIBUTION OF EXTERNAL MODULES > >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 COMPATIBILITY WITH THE GNU GPL > >The Licensee can include a code that is subject to the provisions of one >of the versions of the GNU GPL in the Modified or unmodified Software, >and distribute that entire code under the terms of the same version of >the GNU GPL. > >The Licensee can include the Modified or unmodified Software in a code >that is subject to the provisions of one of the versions of the GNU GPL, >and distribute that entire code under the terms of the same version of >the GNU GPL. > > > Article 6 - INTELLECTUAL PROPERTY > > > 6.1 OVER THE INITIAL SOFTWARE > >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 the current license, for the duration set forth in article 4.2. > > > 6.2 OVER THE CONTRIBUTIONS > >A Licensee who develops a Contribution is the owner of the intellectual >property rights over this Contribution as defined by applicable law. > > > 6.3 OVER THE EXTERNAL MODULES > >A Licensee who develops an External Module is the owner of the >intellectual property rights over this External Module as defined by >applicable law and is free to choose the type of agreement that shall >govern its distribution. > > > 6.4 JOINT PROVISIONS > >The Licensee expressly undertakes: > > 1. not to remove, or modify, in any manner, the intellectual property > notices attached to the Software; > > 2. to reproduce said notices, in an identical manner, in the copies > of the Software modified or not. > >The Licensee undertakes not to directly or indirectly infringe the >intellectual property rights of the Holder and/or Contributors on the >Software and to take, where applicable, vis-à-vis its staff, any and all >measures required to ensure respect of said intellectual property rights >of the Holder and/or Contributors. > > > Article 7 - RELATED SERVICES > >7.1 Under no circumstances shall the Agreement oblige the Licensor to >provide technical assistance or maintenance services for the Software. > >However, the Licensor is entitled to offer this type of services. The >terms and conditions of such technical assistance, and/or such >maintenance, shall be set forth in a separate instrument. Only the >Licensor offering said maintenance and/or technical assistance services >shall incur liability therefor. > >7.2 Similarly, any Licensor is entitled to offer to its licensees, under >its sole responsibility, a warranty, that shall only be binding upon >itself, for the redistribution of the Software and/or the Modified >Software, under terms and conditions that it is free to decide. Said >warranty, and the financial terms and conditions of its application, >shall be subject of a separate instrument executed between the Licensor >and the Licensee. > > > Article 8 - LIABILITY > >8.1 Subject to the provisions of Article 8.2, the Licensee shall be >entitled to claim compensation for any direct loss it may have suffered >from the Software as a result of a fault on the part of the relevant >Licensor, subject to providing evidence thereof. > >8.2 The Licensor's liability is limited to the commitments made under >this Agreement and shall not be incurred as a result of in particular: >(i) loss due the Licensee's total or partial failure to fulfill its >obligations, (ii) direct or consequential loss that is suffered by the >Licensee due to the use or performance of the Software, and (iii) more >generally, any consequential loss. In particular the Parties expressly >agree that any or all pecuniary or business loss (i.e. loss of data, >loss of profits, operating loss, loss of customers or orders, >opportunity cost, any disturbance to business activities) or any or all >legal proceedings instituted against the Licensee by a third party, >shall constitute consequential loss and shall not provide entitlement to >any or all compensation from the Licensor. > > > Article 9 - WARRANTY > >9.1 The Licensee acknowledges that the scientific and technical >state-of-the-art when the Software was distributed did not enable all >possible uses to be tested and verified, nor for the presence of >possible defects to be detected. In this respect, the Licensee's >attention has been drawn to the risks associated with loading, using, >modifying and/or developing and reproducing the Software which are >reserved for experienced users. > >The Licensee shall be responsible for verifying, by any or all means, >the product's suitability for its requirements, its good working order, >and for ensuring that it shall not cause damage to either persons or >properties. > >9.2 The Licensor hereby represents, in good faith, that it is entitled >to grant all the rights over the Software (including in particular the >rights set forth in Article 5). > >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 > >10.1 In the event of a breach by the Licensee of its obligations >hereunder, the Licensor may automatically terminate this Agreement >thirty (30) days after notice has been sent to the Licensee and has >remained ineffective. > >10.2 A Licensee whose Agreement is terminated shall no longer be >authorized to use, modify or distribute the Software. However, any >licenses that it may have granted prior to termination of the Agreement >shall remain valid subject to their having been granted in compliance >with the terms and conditions hereof. > > > Article 11 - MISCELLANEOUS > > > 11.1 EXCUSABLE EVENTS > >Neither Party shall be liable for any or all delay, or failure to >perform the Agreement, that may be attributable to an event of force >majeure, an act of God or an outside cause, such as defective >functioning or interruptions of the electricity or telecommunications >networks, network paralysis following a virus attack, intervention by >government authorities, natural disasters, water damage, earthquakes, >fire, explosions, strikes and labor unrest, war, etc. > >11.2 Any Failure by either Party, on one or more occasions, to invoke >one or more of the provisions hereof, shall under no circumstances be >interpreted as being a waiver by the interested Party of its right to >invoke said provision(s) subsequently. > >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. > > > Article 12 - NEW VERSIONS OF THE AGREEMENT > >12.1 Any person is authorized to duplicate and distribute copies of this >Agreement. > >12.2 So as to ensure coherence, the wording of this Agreement is >protected and may only be modified by the authors of the License, who >reserve the right to periodically publish updates or new versions of the >Agreement, each with a separate number. These subsequent versions may >address new issues encountered by Free Software. > >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, subject to the provisions of Article 5.3.4. > > > Article 13 - GOVERNING LAW AND JURISDICTION > >13.1 The Agreement is governed by French law. The Parties agree to >endeavor to seek an amicable solution to any disagreements or disputes >that may arise during the performance of the Agreement. > >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. > > >Version 2.0 dated 2005-05-21.
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bug 108878
: 70369