11
22CeCILL FREE SOFTWARE LICENSE AGREEMENT
33
4+ Version 2.1 dated 2013-06-21
5+
46
57 Notice
68
79This Agreement is a Free Software license agreement that is the result
810of discussions between its authors in order to ensure compliance with
911the two main principles guiding its drafting:
1012
11- * firstly, compliance with the principles governing the distribution
12- of Free Software: access to source code, broad rights granted to
13- users,
14- * secondly, the election of a governing law, French law, with which
15- it is conformant, both as regards the law of torts and
16- intellectual property law, and the protection that it offers to
17- both authors and holders of the economic rights over software.
13+ * firstly, compliance with the principles governing the distribution
14+ of Free Software: access to source code, broad rights granted to users,
15+ * secondly, the election of a governing law, French law, with which it
16+ is conformant, both as regards the law of torts and intellectual
17+ property law, and the protection that it offers to both authors and
18+ holders of the economic rights over software.
1819
1920The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
2021license are:
2122
22- Commissariat à l'Energie Atomique - CEA, a public scientific, technical
23- and industrial research establishment, having its principal place of
24- business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
23+ Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a
24+ public scientific, technical and industrial research establishment,
25+ having its principal place of business at 25 rue Leblanc, immeuble Le
26+ Ponant D, 75015 Paris, France.
2527
2628Centre National de la Recherche Scientifique - CNRS, a public scientific
2729and technological establishment, having its principal place of business
2830at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
2931
3032Institut National de Recherche en Informatique et en Automatique -
31- INRIA , a public scientific and technological establishment, having its
33+ Inria , a public scientific and technological establishment, having its
3234principal place of business at Domaine de Voluceau, Rocquencourt, BP
3335105, 78153 Le Chesnay cedex, France.
3436
@@ -39,8 +41,8 @@ The purpose of this Free Software license agreement is to grant users
3941the right to modify and redistribute the software governed by this
4042license within the framework of an open source distribution model.
4143
42- The exercising of these rights is conditional upon certain obligations
43- for users so as to preserve this status for all subsequent redistributions.
44+ The exercising of this right is conditional upon certain obligations for
45+ users so as to preserve this status for all subsequent redistributions.
4446
4547In consideration of access to the source code and the rights to copy,
4648modify and redistribute granted by the license, users are provided only
@@ -63,6 +65,10 @@ removed herefrom.
6365This Agreement may apply to any or all software for which the holder of
6466the economic rights decides to submit the use thereof to its provisions.
6567
68+ Frequently asked questions can be found on the official website of the
69+ CeCILL licenses family (http://www.cecill.info/index.en.html) for any
70+ necessary clarification.
71+
6672
6773 Article 1 - DEFINITIONS
6874
@@ -117,6 +123,12 @@ that they both execute in the same address space.
117123GNU GPL: means the GNU General Public License version 2 or any
118124subsequent version, as published by the Free Software Foundation Inc.
119125
126+ GNU Affero GPL: means the GNU Affero General Public License version 3 or
127+ any subsequent version, as published by the Free Software Foundation Inc.
128+
129+ EUPL: means the European Union Public License version 1.1 or any
130+ subsequent version, as published by the European Commission.
131+
120132Parties: mean both the Licensee and the Licensor.
121133
122134These expressions may be used both in singular and plural form.
@@ -126,8 +138,8 @@ These expressions may be used both in singular and plural form.
126138
127139The purpose of the Agreement is the grant by the Licensor to the
128140Licensee of a non-exclusive, transferable and worldwide license for the
129- Software as set forth in Article 5 hereinafter for the whole term of the
130- protection granted by the rights over said Software.
141+ Software as set forth in Article 5 <#scope> hereinafter for the whole
142+ term of the protection granted by the rights over said Software.
131143
132144
133145 Article 3 - ACCEPTANCE
@@ -136,18 +148,17 @@ protection granted by the rights over said Software.
136148conditions of this Agreement upon the occurrence of the first of the
137149following events:
138150
139- * (i) loading the Software by any or all means, notably, by
140- downloading from a remote server, or by loading from a physical
141- medium;
142- * (ii) the first time the Licensee exercises any of the rights
143- granted hereunder.
151+ * (i) loading the Software by any or all means, notably, by
152+ downloading from a remote server, or by loading from a physical medium;
153+ * (ii) the first time the Licensee exercises any of the rights granted
154+ hereunder.
144155
1451563.2 One copy of the Agreement, containing a notice relating to the
146157characteristics of the Software, to the limited warranty, and to the
147158fact that its use is restricted to experienced users has been provided
148159to the Licensee prior to its acceptance as set forth in Article 3.1
149- hereinabove, and the Licensee hereby acknowledges that it has read and
150- understood it.
160+ <#accepting> hereinabove, and the Licensee hereby acknowledges that it
161+ has read and understood it.
151162
152163
153164 Article 4 - EFFECTIVE DATE AND TERM
@@ -156,7 +167,7 @@ understood it.
156167 4.1 EFFECTIVE DATE
157168
158169The Agreement shall become effective on the date when it is accepted by
159- the Licensee as set forth in Article 3.1.
170+ the Licensee as set forth in Article 3.1 <#accepting> .
160171
161172
162173 4.2 TERM
@@ -186,18 +197,18 @@ The Licensee is authorized to use the Software, without any limitation
186197as to its fields of application, with it being hereinafter specified
187198that this comprises:
188199
189- 1. permanent or temporary reproduction of all or part of the Software
190- by any or all means and in any or all form.
200+ 1. permanent or temporary reproduction of all or part of the Software
201+ by any or all means and in any or all form.
191202
192- 2. loading, displaying, running, or storing the Software on any or
193- all medium.
203+ 2. loading, displaying, running, or storing the Software on any or all
204+ medium.
194205
195- 3. entitlement to observe, study or test its operation so as to
196- determine the ideas and principles behind any or all constituent
197- elements of said Software. This shall apply when the Licensee
198- carries out any or all loading, displaying, running, transmission
199- or storage operation as regards the Software, that it is entitled
200- to carry out hereunder.
206+ 3. entitlement to observe, study or test its operation so as to
207+ determine the ideas and principles behind any or all constituent
208+ elements of said Software. This shall apply when the Licensee
209+ carries out any or all loading, displaying, running, transmission or
210+ storage operation as regards the Software, that it is entitled to
211+ carry out hereunder.
201212
202213
203214 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
@@ -230,16 +241,17 @@ The Licensee is authorized to distribute true copies of the Software in
230241Source Code or Object Code form, provided that said distribution
231242complies with all the provisions of the Agreement and is accompanied by:
232243
233- 1. a copy of the Agreement,
244+ 1. a copy of the Agreement,
234245
235- 2. a notice relating to the limitation of both the Licensor's
236- warranty and liability as set forth in Articles 8 and 9,
246+ 2. a notice relating to the limitation of both the Licensor's warranty
247+ and liability as set forth in Articles 8 and 9,
237248
238249and that, in the event that only the Object Code of the Software is
239- redistributed, the Licensee allows future Licensees unhindered access to
240- the full Source Code of the Software by indicating how to access it, it
241- being understood that the additional cost of acquiring the Source Code
242- shall not exceed the cost of transferring the data.
250+ redistributed, the Licensee allows effective access to the full Source
251+ Code of the Software for a period of at least three years from the
252+ distribution of the Software, it being understood that the additional
253+ acquisition cost of the Source Code shall not exceed the cost of the
254+ data transfer.
243255
244256
245257 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
@@ -252,17 +264,19 @@ The Licensee is authorized to distribute the Modified Software, in
252264source code or object code form, provided that said distribution
253265complies with all the provisions of the Agreement and is accompanied by:
254266
255- 1. a copy of the Agreement,
267+ 1. a copy of the Agreement,
256268
257- 2. a notice relating to the limitation of both the Licensor's
258- warranty and liability as set forth in Articles 8 and 9,
269+ 2. a notice relating to the limitation of both the Licensor's warranty
270+ and liability as set forth in Articles 8 and 9,
259271
260- and that, in the event that only the object code of the Modified
261- Software is redistributed, the Licensee allows future Licensees
262- unhindered access to the full source code of the Modified Software by
263- indicating how to access it, it being understood that the additional
264- cost of acquiring the source code shall not exceed the cost of
265- transferring the data.
272+ and, in the event that only the object code of the Modified Software is
273+ redistributed,
274+
275+ 3. a note stating the conditions of effective access to the full source
276+ code of the Modified Software for a period of at least three years
277+ from the distribution of the Modified Software, it being understood
278+ that the additional acquisition cost of the source code shall not
279+ exceed the cost of the data transfer.
266280
267281
268282 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
@@ -272,17 +286,17 @@ conditions of this Agreement do not apply to said External Module, that
272286may be distributed under a separate license agreement.
273287
274288
275- 5.3.4 COMPATIBILITY WITH THE GNU GPL
289+ 5.3.4 COMPATIBILITY WITH OTHER LICENSES
276290
277291The Licensee can include a code that is subject to the provisions of one
278- of the versions of the GNU GPL in the Modified or unmodified Software,
279- and distribute that entire code under the terms of the same version of
280- the GNU GPL.
292+ of the versions of the GNU GPL, GNU Affero GPL and/ or EUPL in the
293+ Modified or unmodified Software, and distribute that entire code under
294+ the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL .
281295
282296The Licensee can include the Modified or unmodified Software in a code
283297that is subject to the provisions of one of the versions of the GNU GPL,
284- and distribute that entire code under the terms of the same version of
285- the GNU GPL.
298+ GNU Affero GPL and/or EUPL and distribute that entire code under the
299+ terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL .
286300
287301
288302 Article 6 - INTELLECTUAL PROPERTY
@@ -297,7 +311,7 @@ and no one shall be entitled to modify the terms and conditions for the
297311distribution of said Initial Software.
298312
299313The Holder undertakes that the Initial Software will remain ruled at
300- least by this Agreement, for the duration set forth in Article 4.2.
314+ least by this Agreement, for the duration set forth in Article 4.2 <#term> .
301315
302316
303317 6.2 OVER THE CONTRIBUTIONS
@@ -319,17 +333,17 @@ govern its distribution.
319333
320334The Licensee expressly undertakes:
321335
322- 1. not to remove, or modify, in any manner, the intellectual property
323- notices attached to the Software;
336+ 1. not to remove, or modify, in any manner, the intellectual property
337+ notices attached to the Software;
324338
325- 2. to reproduce said notices, in an identical manner, in the copies
326- of the Software modified or not.
339+ 2. to reproduce said notices, in an identical manner, in the copies of
340+ the Software modified or not.
327341
328342The Licensee undertakes not to directly or indirectly infringe the
329- intellectual property rights of the Holder and/or Contributors on the
330- Software and to take, where applicable, vis-à-vis its staff, any and all
331- measures required to ensure respect of said intellectual property rights
332- of the Holder and/or Contributors.
343+ intellectual property rights on the Software of the Holder and/or
344+ Contributors, and to take, where applicable, vis-à-vis its staff, any
345+ and all measures required to ensure respect of said intellectual
346+ property rights of the Holder and/or Contributors.
333347
334348
335349 Article 7 - RELATED SERVICES
@@ -390,13 +404,13 @@ or properties.
390404
3914059.2 The Licensor hereby represents, in good faith, that it is entitled
392406to grant all the rights over the Software (including in particular the
393- rights set forth in Article 5).
407+ rights set forth in Article 5 <#scope> ).
394408
3954099.3 The Licensee acknowledges that the Software is supplied "as is" by
396410the Licensor without any other express or tacit warranty, other than
397- that provided for in Article 9.2 and, in particular, without any warranty
398- as to its commercial value, its secured, safe, innovative or relevant
399- nature.
411+ that provided for in Article 9.2 <#good-faith> and, in particular,
412+ without any warranty as to its commercial value, its secured, safe,
413+ innovative or relevant nature.
400414
401415Specifically, the Licensor does not warrant that the Software is free
402416from any error, that it will operate without interruption, that it will
@@ -411,7 +425,7 @@ arising out of any or all proceedings for infringement that may be
411425instituted in respect of the use, modification and redistribution of the
412426Software. Nevertheless, should such proceedings be instituted against
413427the Licensee, the Licensor shall provide it with technical and legal
414- assistance for its defense. Such technical and legal assistance shall be
428+ expertise for its defense. Such technical and legal expertise shall be
415429decided on a case-by-case basis between the relevant Licensor and the
416430Licensee pursuant to a memorandum of understanding. The Licensor
417431disclaims any and all liability as regards the Licensee's use of the
@@ -488,7 +502,8 @@ address new issues encountered by Free Software.
488502
48950312.3 Any Software distributed under a given version of the Agreement may
490504only be subsequently distributed under the same version of the Agreement
491- or a subsequent version, subject to the provisions of Article 5.3.4.
505+ or a subsequent version, subject to the provisions of Article 5.3.4
506+ <#compatibility>.
492507
493508
494509 Article 13 - GOVERNING LAW AND JURISDICTION
@@ -501,6 +516,3 @@ that may arise during the performance of the Agreement.
501516occurrence, and unless emergency proceedings are necessary, the
502517disagreements or disputes shall be referred to the Paris Courts having
503518jurisdiction, by the more diligent Party.
504-
505-
506- Version 2.0 dated 2006-09-05.
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