From 0c6c5a53252a975f9ad666161307c764606b3ca5 Mon Sep 17 00:00:00 2001
From: Xavier Bonnin <xavier.bonnin@obspm.fr>
Date: Thu, 17 Oct 2024 09:43:10 +0000
Subject: [PATCH] Update license
---
LICENSE | 252 ++++++++++++++++++++++++++++----------------------------
1 file changed, 127 insertions(+), 125 deletions(-)
diff --git a/LICENSE b/LICENSE
index 34119ca..d290c06 100644
--- a/LICENSE
+++ b/LICENSE
@@ -1,4 +1,7 @@
-CeCILL-C FREE SOFTWARE LICENSE AGREEMENT
+
+ CeCILL FREE SOFTWARE LICENSE AGREEMENT
+
+Version 2.1 dated 2013-06-21
Notice
@@ -7,27 +10,27 @@ 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.
+ * 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-C (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
+The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
license are:
-Commissariat à l'Energie Atomique - CEA, a public scientific, technical
-and industrial research establishment, having its principal place of
-business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
+Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a
+public scientific, technical and industrial research establishment,
+having its principal place of business at 25 rue Leblanc, immeuble Le
+Ponant D, 75015 Paris, 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
+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.
@@ -35,11 +38,11 @@ principal place of business at Domaine de Voluceau, Rocquencourt, BP
Preamble
The purpose of this Free Software license agreement is to grant users
-the right to modify and re-use the software governed by this license.
+the right to modify and redistribute the software governed by this
+license within the framework of an open source distribution model.
-The exercising of this right is conditional upon the obligation to make
-available to the community the modifications made to the source code of
-the software so as to contribute to its evolution.
+The exercising of this right 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
@@ -62,6 +65,10 @@ 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.
+Frequently asked questions can be found on the official website of the
+CeCILL licenses family (http://www.cecill.info/index.en.html) for any
+necessary clarification.
+
Article 1 - DEFINITIONS
@@ -80,7 +87,7 @@ 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
-Integrated Contribution.
+Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
@@ -93,23 +100,34 @@ Software.
Licensee: means the Software user(s) having accepted the Agreement.
-Contributor: means a Licensee having made at least one Integrated
-Contribution.
+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.
-Integrated Contribution: means any or all modifications, corrections,
-translations, adaptations and/or new functions integrated into the
-Source Code by any or all Contributors.
+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.
-Related Module: means a set of sources files including their
-documentation that, without modification to the Source Code, enables
-supplementary functions or services in addition to those offered by the
-Software.
+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.
-Derivative Software: means any combination of the Software, modified or
-not, and of a Related Module.
+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.
+
+GNU Affero GPL: means the GNU Affero General Public License version 3 or
+any subsequent version, as published by the Free Software Foundation Inc.
+
+EUPL: means the European Union Public License version 1.1 or any
+subsequent version, as published by the European Commission.
Parties: mean both the Licensee and the Licensor.
@@ -120,8 +138,8 @@ These expressions may be used both in singular and plural form.
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.
+Software as set forth in Article 5 <#scope> hereinafter for the whole
+term of the protection granted by the rights over said Software.
Article 3 - ACCEPTANCE
@@ -130,18 +148,17 @@ protection granted by the rights over said Software.
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.
+ * (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.
+<#accepting> hereinabove, and the Licensee hereby acknowledges that it
+has read and understood it.
Article 4 - EFFECTIVE DATE AND TERM
@@ -150,7 +167,7 @@ understood it.
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.
+the Licensee as set forth in Article 3.1 <#accepting>.
4.2 TERM
@@ -180,30 +197,29 @@ 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.
+ 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.
+ 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.
+ 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 RIGHT OF MODIFICATION
+ 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
-The right of modification includes the right to translate, adapt,
+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. It includes, in particular, the
-right to create a Derivative Software.
+to reproduce the resulting software.
-The Licensee is authorized to make any or all modification to the
+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 modification and indicates the date of the creation thereof.
+author of said Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
@@ -225,69 +241,62 @@ 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,
+ 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,
+ 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 effective access to the full Source
-Code of the Software at a minimum during the entire period of its
+Code of the Software for a period of at least three years from the
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.
+acquisition cost of the Source Code shall not exceed the cost of the
+data transfer.
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
-When the Licensee makes an Integrated Contribution to the Software, the
-terms and conditions for the distribution of the resulting Modified
-Software become subject to all the provisions of this Agreement.
+When the Licensee makes a Contribution to the Software, the terms and
+conditions for the distribution of the resulting 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,
+ 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,
- 2. a notice relating to the limitation of both the Licensor's
- warranty and liability as set forth in Articles 8 and 9,
+and, in the event that only the object code of the Modified Software is
+redistributed,
-and that, in the event that only the object code of the Modified
-Software is redistributed, the Licensee allows effective access to the
-full source code of the Modified Software at a minimum during the entire
-period of its distribution of the Modified Software, it being understood
-that the additional cost of acquiring the source code shall not exceed
-the cost of transferring the data.
+ 3. a note stating the conditions of effective access to the full source
+ code of the Modified Software for a period of at least three years
+ from the distribution of the Modified Software, it being understood
+ that the additional acquisition cost of the source code shall not
+ exceed the cost of the data transfer.
- 5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE
+ 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
-When the Licensee creates Derivative Software, this Derivative Software
-may be distributed under a license agreement other than this Agreement,
-subject to compliance with the requirement to include a notice
-concerning the rights over the Software as defined in Article 6.4.
-In the event the creation of the Derivative Software required modification
-of the Source Code, the Licensee undertakes that:
+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.
- 1. the resulting Modified Software will be governed by this Agreement,
- 2. the Integrated Contributions in the resulting Modified Software
- will be clearly identified and documented,
- 3. the Licensee will allow effective access to the source code of the
- Modified Software, at a minimum during the entire period of
- distribution of the Derivative Software, such that such
- modifications may be carried over in a subsequent version of the
- Software; it being understood that the additional cost of
- purchasing the source code of the Modified Software shall not
- exceed the cost of transferring the data.
+ 5.3.4 COMPATIBILITY WITH OTHER LICENSES
- 5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE
+The Licensee can include a code that is subject to the provisions of one
+of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the
+Modified or unmodified Software, and distribute that entire code under
+the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
-When a Modified Software contains an Integrated Contribution subject to
-the CeCILL license agreement, or when a Derivative Software contains a
-Related Module subject to the CeCILL license agreement, the provisions
-set forth in the third item of Article 6.4 are optional.
+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,
+GNU Affero GPL and/or EUPL and distribute that entire code under the
+terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
Article 6 - INTELLECTUAL PROPERTY
@@ -302,44 +311,39 @@ 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.
+least by this Agreement, for the duration set forth in Article 4.2 <#term>.
- 6.2 OVER THE INTEGRATED CONTRIBUTIONS
+ 6.2 OVER THE CONTRIBUTIONS
-The Licensee who develops an Integrated Contribution is the owner of the
+The 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 RELATED MODULES
+ 6.3 OVER THE EXTERNAL MODULES
-The Licensee who develops a Related Module is the owner of the
-intellectual property rights over this Related Module as defined by
+The 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 under the conditions defined in Article 5.3.3.
+govern its distribution.
- 6.4 NOTICE OF RIGHTS
+ 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;
+ 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;
-
- 3. to ensure that use of the Software, its intellectual property
- notices and the fact that it is governed by the Agreement is
- indicated in a text that is easily accessible, specifically from
- the interface of any Derivative 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-�-vis its staff, any and all
-measures required to ensure respect of said intellectual property rights
-of the Holder and/or Contributors.
+intellectual property rights on the Software of the Holder and/or
+Contributors, 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
@@ -400,13 +404,13 @@ 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).
+rights set forth in Article 5 <#scope>).
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.
+that provided for in Article 9.2 <#good-faith> 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
@@ -421,7 +425,7 @@ 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
+expertise for its defense. Such technical and legal expertise 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
@@ -498,7 +502,8 @@ 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.
+or a subsequent version, subject to the provisions of Article 5.3.4
+<#compatibility>.
Article 13 - GOVERNING LAW AND JURISDICTION
@@ -511,6 +516,3 @@ that may arise during the performance of the Agreement.
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 1.0 dated 2006-09-05.
--
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