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authorAndreas K. Huettel <andreas.huettel@physik.uni-r.de>2010-07-01 12:34:56 +0200
committerAndreas K. Huettel <andreas.huettel@physik.uni-r.de>2010-07-01 12:34:56 +0200
commit353ffc7c18882592f16b2c85ea2dbe04fd8fc0fd (patch)
tree3e2f83716b6ff9dd559fe22abde95f9279626a55 /licenses
parentadded myself to docs/proj/index.html (diff)
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[sci-visualization/v_sim] New application, see bug 109547. Ebuild submitted by Jérôme Borme.
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+ FREE SOFTWARE LICENSING AGREEMENT CeCILL
+ ========================================
+
+
+Notice
+------
+
+
+This Agreement is a free software license that is the result of discussions
+between its authors in order to ensure compliance with the two main
+principles guiding its drafting:
+ - firstly, its conformity with French law, both as regards the law of
+ torts and intellectual property law, and the protection that it offers
+ to authors and the holders of economic rights over software.
+ - secondly, compliance with the principles for the distribution of free
+ software: access to source codes, extended user-rights.
+
+The following bodies are the authors of this license CeCILL (Ce : CEA, C :
+CNRS, I : INRIA, LL : Logiciel Libre):
+
+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.
+
+
+PREAMBLE
+--------
+
+
+The purpose of this Free Software Licensing 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 ensure that this status is retained for subsequent
+redistribution operations.
+
+As a counterpart to the access to the source code and 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, it is brought to the user's attention that the risks
+associated with loading, using, modifying and/or developing or reproducing
+the software by the user given its nature of Free Software, that may
+mean that it is complicated to manipulate, and that also therefore means
+that it 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 Articles 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 operation thereof to its provisions.
+
+
+Article 1 - DEFINITIONS
+------------------------
+
+
+For the purposes of this Agreement, when the following expressions commence
+with a capital letter, they shall have the following meaning:
+
+Agreement: means this Licensing Agreement, and any or all of its subsequent
+versions.
+
+Software: means the software in its Object Code and/or Source Code form
+and, where applicable, its documentation, "as is" at the time when the
+Licensee accepts the Agreement.
+
+Initial Software: means the Software in its Source Code and/or Object Code
+form and, where applicable, its documentation, "as is" at the time when it
+is distributed for the first time 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 of the economic rights over the Initial
+Software.
+
+Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
+
+Contributor: means a Licensee having made at least one Contribution.
+
+Licensor: means the Holder, or any or all other individual or legal entity,
+that distributes the Software under the Agreement.
+
+Contributions: mean any or all modifications, corrections, translations,
+adaptations and/or new functionalities integrated into the Software by any
+or all Contributor, and the Static Modules.
+
+Module: means a set of sources files including their documentation that,
+once compiled in executable form, enables supplementary functionalities or
+services to be developed in addition to those offered by the Software.
+
+Dynamic Module: means any or all module, created by the Contributor, that
+is independent of the Software, so that this module and the Software are in
+two different executable forms that are run in separate address spaces,
+with one calling the other when they are run.
+
+Static Module: means any or all module, created by the Contributor and
+connected to the Software by a static link that makes their object codes
+interdependent. This module and the Software to which it is connected, are
+combined in a single executable.
+
+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 to enable the Licensor to grant the
+Licensee a free, non-exclusive, transferable and worldwide License for the
+Software as set forth in Article 5 hereinafter for the whole term of
+protection of 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 by 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
+specific nature of the Software, to the limited warranty, and to the
+limitation to use by 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 is aware thereof.
+
+
+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 during the whole legal term of
+protection of the economic rights over the Software.
+
+
+Article 5 - SCOPE OF THE RIGHTS GRANTED
+---------------------------------------
+
+
+The Licensor hereby grants to the Licensee, that accepts such, the
+following rights as regards 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.
+
+Otherwise, the Licensor grants to the Licensee free of charge exploitation
+rights on the patents he holds on whole or part of the inventions
+implemented in the Software.
+
+5.1. RIGHTS OF USE
+
+The Licensee is authorized to use the Software, unrestrictedly, as regards
+the fields of application, with it being hereinafter specified that this
+relates to:
+- permanent or temporary reproduction of all or part of the Software by
+ any or all means and in any or all form.
+- loading, displaying, running, or storing the Software on any or all
+ medium.
+- entitlement to observe, study or test the operation thereof so as to
+ establish the ideas and principles that form the basis for 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 modification to the Software, and the right to
+reproduce the resulting Software.
+
+The Licensee is authorized to make any or all Contribution to the Software
+provided that it explicitly mentions its name as the author of said
+Contribution and the date of the development thereof.
+
+5.3. DISTRIBUTION AND PUBLICATION RIGHTS
+
+In particular, the right of distribution and publication includes the right
+to 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, a copy or copies of the Software
+by means of any or all process.
+The Licensee is further authorized to redistribute copies of the modified
+or unmodified Software to third parties according to the terms and
+conditions set forth hereinafter.
+
+5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
+
+The Licensee is authorized to redistribute true copies of the Software in
+Source Code or Object Code form, provided that said redistribution complies
+with all the provisions of the Agreement and is accompanied by:
+- a copy of the Agreement,
+- 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 Software's Object Code is
+redistributed, the Licensee allows future Licensees unhindered access to
+the Software's full Source Code by providing them with the terms and
+conditions for access thereto, it being understood that the additional cost
+of acquiring the Source Code shall not exceed the cost of transferring the
+data.
+
+5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
+
+When the Licensee makes a Contribution to the Software, the terms and
+conditions for the redistribution of the Modified Software shall then be
+subject to all the provisions hereof.
+
+The Licensee is authorized to redistribute the Modified Software, in Source
+Code or Object Code form, provided that said redistribution complies with
+all the provisions of the Agreement and is accompanied by:
+- a copy of the Agreement,
+- 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 Modified Software's Object Code is
+redistributed, the Licensee allows future Licensees unhindered access to
+the Modified Software's full Source Code by providing them with the terms
+and conditions for access thereto, it being understood that the additional
+cost of acquiring the Source Code shall not exceed the cost of transferring
+the data.
+
+
+5.3.3. redistribution OF DYNAMIC MODULES
+
+When the Licensee has developed a Dynamic Module, the terms and conditions
+hereof do not apply to said Dynamic Module, that may be distributed under
+a separate Licensing Agreement.
+
+5.3.4. COMPATIBILITY WITH THE GPL LICENSE
+
+In the event that the Modified or unmodified Software is included in a code
+that is subject to the provisions of the GPL License, the Licensee is
+authorized to redistribute the whole under the GPL License.
+
+In the event that the Modified Software includes a code that is subject to
+the provisions of the GPL License, the Licensee is authorized to
+redistribute the Modified Software under the GPL License.
+
+
+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 and it shall have sole entitlement to modify the
+terms and conditions for the distribution of said Initial Software.
+
+The Holder undertakes to maintain the distribution of the Initial Software
+under the conditions of the Agreement, for the duration set forth in
+article 4.2..
+
+6.2. OVER THE CONTRIBUTIONS
+
+The intellectual property rights over the Contributions belong to the
+holder of the economic rights as designated by effective legislation.
+
+6.3. OVER THE DYNAMIC MODULES
+
+The Licensee having developed a Dynamic Module is the holder of the
+intellectual property rights over said Dynamic Module and is free to choose
+the agreement that shall govern its distribution.
+
+6.4. JOINT PROVISIONS
+
+6.4.1. The Licensee expressly undertakes:
+- not to remove, or modify, in any or all manner, the intellectual
+ property notices affixed to the Software;
+- to reproduce said notices, in an identical manner, in the copies of
+ the Software.
+
+6.4.2. The Licensee undertakes not to directly or indirectly infringe the
+intellectual property rights of the Holder and/or Contributors and to take,
+where applicable, vis-à-vis its staff, any or all measures required to
+ensure respect for 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 service. The
+terms and conditions of such technical assistance, and/or such
+maintenance, shall then 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 or all Licensor shall be entitled to offer to its
+Licensees, under its own 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 shall decide upon
+itself. Said warranty, and the financial terms and conditions of its
+application, shall be subject to a separate instrument executed between the
+Licensor and the Licensee.
+
+
+Article 8 - LIABILITY
+----------------------
+
+
+8.1. Subject to the provisions of Article 8.2, should the Licensor fail to
+fulfill all or part of its obligations hereunder, the Licensee shall be
+entitled to claim compensation for the direct loss suffered as a result of
+a fault on the part of the Licensor, subject to providing evidence of it.
+
+8.2. The Licensor's liability is limited to the commitments made under this
+Licensing Agreement and shall not be incurred as a result , in particular:
+(i) of loss due the Licensee's total or partial failure to fulfill its
+obligations, (ii) direct or consequential loss due to the Software's use or
+performance that is suffered by the Licensee, when the latter is a
+professional using said Software for professional purposes and (iii)
+consequential loss due to the Software's use or performance. 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 current situation as regards
+scientific and technical know-how at the time when the Software was
+distributed did not enable all possible uses to be tested and verified, nor
+for the presence of any or all faults 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 that 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 due and proper functioning,
+and for ensuring that it shall not cause damage to either persons or
+property.
+
+9.2. The Licensor hereby represents, in good faith, that it is entitled to
+grant all the rights on the Software (including in particular the rights
+set forth in Article 5 hereof over the Software).
+
+9.3. The Licensee acknowledges that the Software is supplied "as is" by the
+Licensor without any or all other express or tacit warranty, other than
+that provided for in Article 9.2 and, in particular, without any or all
+warranty as to its market value, its secured, innovative or relevant
+nature.
+
+Specifically, the Licensor does not warrant that the Software is free from
+any or all error, that it shall operate continuously, that it shall be
+compatible with the Licensee's own equipment and its software
+configuration, nor that it shall meet the Licensee's requirements.
+
+9.4. The Licensor does not either expressly or tacitly warrant that the
+Software does not infringe any or all third party intellectual right
+relating to a patent, software or to any or all other property right.
+Moreover, the Licensor shall not hold the Licensee harmless against 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 upon on a case-by-case
+basis between the relevant Licensor and the Licensee pursuant to a
+memorandum of understanding. The Licensor disclaims any or all liability as
+regards the Licensee's use of the Software's name. No warranty shall be
+provided as regards the existence of prior rights over the name of the
+Software and 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. The Licensee whose Agreement is terminated shall no longer be
+authorized to use, modify or distribute the Software. However, any or all
+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 PROVISIONS
+--------------------------------------
+
+
+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, notably, defective functioning, or
+interruptions affecting the electricity or telecommunications networks,
+blocking of the network following a virus attack, the intervention of the
+government authorities, natural disasters, water damage, earthquakes, fire,
+explosions, strikes and labor unrest, war, etc.
+
+11.2. The fact that either Party may fail, on one or several occasions, to
+invoke one or several of the provisions hereof, shall under no
+circumstances be interpreted as being a waiver by the interested Party of
+its entitlement to invoke said provision(s) subsequently.
+
+11.3. The Agreement cancels and replaces any or all previous agreement,
+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 regards the Parties unless it is
+made in writing and signed by their duly authorized representatives.
+
+11.4. In the event that one or several of the provisions hereof were to
+conflict with a current or future applicable act or legislative text, said
+act or legislative text shall take precedence, and the Parties shall make
+the necessary amendments so as to be in compliance with said act or
+legislative text. All the other provisions shall remain effective.
+Similarly, the fact that a provision of the Agreement may be null and
+void, for any reason whatsoever, shall not cause the Agreement as a whole
+to be null and void.
+
+11.5. LANGUAGE
+
+The Agreement is drafted in both French and English. In the event of a
+conflict as regards construction, the French version shall be deemed
+authentic.
+
+
+Article 12 - NEW VERSIONS OF THE AGREEMENT
+-------------------------------------------
+
+
+12.1. Any or all 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, that 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 or all 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 settle the disagreements or disputes that may arise during the
+performance of the Agreement out-of-court.
+
+13.2. In the absence of an out-of-court settlement 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 first Party to take action.
+
+
+ Version 1.1 of 10/26/2004
+
+
+
+
+
+
+
+
+
+
+