2 Scilab is a free software, and starting with version 6.0.0 beta 1, is
3 released under the terms of the GNU General Public License (GPL) v2.0,
4 which you can find below.
6 Prior to this version, Scilab was licensed under the terms of the CeCILL v2.1,
7 and continues to be available under such terms, which you also can find below.
9 Pursuant to article 5.3.4 of the CeCILL v2.1, Scilab's entire code is
10 now distributed under the terms of the GNU GPL 2.0.
12 Some files in Scilab are licensed under a BSD License, which you can find
13 in the COPYING-BSD file.
15 Scilab is also using some codes with other licenses. Please see
16 SCI/modules/*/license.txt for details.
22 GNU GENERAL PUBLIC LICENSE
25 Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
26 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
27 Everyone is permitted to copy and distribute verbatim copies
28 of this license document, but changing it is not allowed.
32 The licenses for most software are designed to take away your
33 freedom to share and change it. By contrast, the GNU General Public
34 License is intended to guarantee your freedom to share and change free
35 software--to make sure the software is free for all its users. This
36 General Public License applies to most of the Free Software
37 Foundation's software and to any other program whose authors commit to
38 using it. (Some other Free Software Foundation software is covered by
39 the GNU Lesser General Public License instead.) You can apply it to
42 When we speak of free software, we are referring to freedom, not
43 price. Our General Public Licenses are designed to make sure that you
44 have the freedom to distribute copies of free software (and charge for
45 this service if you wish), that you receive source code or can get it
46 if you want it, that you can change the software or use pieces of it
47 in new free programs; and that you know you can do these things.
49 To protect your rights, we need to make restrictions that forbid
50 anyone to deny you these rights or to ask you to surrender the rights.
51 These restrictions translate to certain responsibilities for you if you
52 distribute copies of the software, or if you modify it.
54 For example, if you distribute copies of such a program, whether
55 gratis or for a fee, you must give the recipients all the rights that
56 you have. You must make sure that they, too, receive or can get the
57 source code. And you must show them these terms so they know their
60 We protect your rights with two steps: (1) copyright the software, and
61 (2) offer you this license which gives you legal permission to copy,
62 distribute and/or modify the software.
64 Also, for each author's protection and ours, we want to make certain
65 that everyone understands that there is no warranty for this free
66 software. If the software is modified by someone else and passed on, we
67 want its recipients to know that what they have is not the original, so
68 that any problems introduced by others will not reflect on the original
71 Finally, any free program is threatened constantly by software
72 patents. We wish to avoid the danger that redistributors of a free
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74 program proprietary. To prevent this, we have made it clear that any
75 patent must be licensed for everyone's free use or not licensed at all.
77 The precise terms and conditions for copying, distribution and
80 GNU GENERAL PUBLIC LICENSE
81 TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
83 0. This License applies to any program or other work which contains
84 a notice placed by the copyright holder saying it may be distributed
85 under the terms of this General Public License. The "Program", below,
86 refers to any such program or work, and a "work based on the Program"
87 means either the Program or any derivative work under copyright law:
88 that is to say, a work containing the Program or a portion of it,
89 either verbatim or with modifications and/or translated into another
90 language. (Hereinafter, translation is included without limitation in
91 the term "modification".) Each licensee is addressed as "you".
93 Activities other than copying, distribution and modification are not
94 covered by this License; they are outside its scope. The act of
95 running the Program is not restricted, and the output from the Program
96 is covered only if its contents constitute a work based on the
97 Program (independent of having been made by running the Program).
98 Whether that is true depends on what the Program does.
100 1. You may copy and distribute verbatim copies of the Program's
101 source code as you receive it, in any medium, provided that you
102 conspicuously and appropriately publish on each copy an appropriate
103 copyright notice and disclaimer of warranty; keep intact all the
104 notices that refer to this License and to the absence of any warranty;
105 and give any other recipients of the Program a copy of this License
106 along with the Program.
108 You may charge a fee for the physical act of transferring a copy, and
109 you may at your option offer warranty protection in exchange for a fee.
111 2. You may modify your copy or copies of the Program or any portion
112 of it, thus forming a work based on the Program, and copy and
113 distribute such modifications or work under the terms of Section 1
114 above, provided that you also meet all of these conditions:
116 a) You must cause the modified files to carry prominent notices
117 stating that you changed the files and the date of any change.
119 b) You must cause any work that you distribute or publish, that in
120 whole or in part contains or is derived from the Program or any
121 part thereof, to be licensed as a whole at no charge to all third
122 parties under the terms of this License.
124 c) If the modified program normally reads commands interactively
125 when run, you must cause it, when started running for such
126 interactive use in the most ordinary way, to print or display an
127 announcement including an appropriate copyright notice and a
128 notice that there is no warranty (or else, saying that you provide
129 a warranty) and that users may redistribute the program under
130 these conditions, and telling the user how to view a copy of this
131 License. (Exception: if the Program itself is interactive but
132 does not normally print such an announcement, your work based on
133 the Program is not required to print an announcement.)
135 These requirements apply to the modified work as a whole. If
136 identifiable sections of that work are not derived from the Program,
137 and can be reasonably considered independent and separate works in
138 themselves, then this License, and its terms, do not apply to those
139 sections when you distribute them as separate works. But when you
140 distribute the same sections as part of a whole which is a work based
141 on the Program, the distribution of the whole must be on the terms of
142 this License, whose permissions for other licensees extend to the
143 entire whole, and thus to each and every part regardless of who wrote it.
145 Thus, it is not the intent of this section to claim rights or contest
146 your rights to work written entirely by you; rather, the intent is to
147 exercise the right to control the distribution of derivative or
148 collective works based on the Program.
150 In addition, mere aggregation of another work not based on the Program
151 with the Program (or with a work based on the Program) on a volume of
152 a storage or distribution medium does not bring the other work under
153 the scope of this License.
155 3. You may copy and distribute the Program (or a work based on it,
156 under Section 2) in object code or executable form under the terms of
157 Sections 1 and 2 above provided that you also do one of the following:
159 a) Accompany it with the complete corresponding machine-readable
160 source code, which must be distributed under the terms of Sections
161 1 and 2 above on a medium customarily used for software interchange; or,
163 b) Accompany it with a written offer, valid for at least three
164 years, to give any third party, for a charge no more than your
165 cost of physically performing source distribution, a complete
166 machine-readable copy of the corresponding source code, to be
167 distributed under the terms of Sections 1 and 2 above on a medium
168 customarily used for software interchange; or,
170 c) Accompany it with the information you received as to the offer
171 to distribute corresponding source code. (This alternative is
172 allowed only for noncommercial distribution and only if you
173 received the program in object code or executable form with such
174 an offer, in accord with Subsection b above.)
176 The source code for a work means the preferred form of the work for
177 making modifications to it. For an executable work, complete source
178 code means all the source code for all modules it contains, plus any
179 associated interface definition files, plus the scripts used to
180 control compilation and installation of the executable. However, as a
181 special exception, the source code distributed need not include
182 anything that is normally distributed (in either source or binary
183 form) with the major components (compiler, kernel, and so on) of the
184 operating system on which the executable runs, unless that component
185 itself accompanies the executable.
187 If distribution of executable or object code is made by offering
188 access to copy from a designated place, then offering equivalent
189 access to copy the source code from the same place counts as
190 distribution of the source code, even though third parties are not
191 compelled to copy the source along with the object code.
193 4. You may not copy, modify, sublicense, or distribute the Program
194 except as expressly provided under this License. Any attempt
195 otherwise to copy, modify, sublicense or distribute the Program is
196 void, and will automatically terminate your rights under this License.
197 However, parties who have received copies, or rights, from you under
198 this License will not have their licenses terminated so long as such
199 parties remain in full compliance.
201 5. You are not required to accept this License, since you have not
202 signed it. However, nothing else grants you permission to modify or
203 distribute the Program or its derivative works. These actions are
204 prohibited by law if you do not accept this License. Therefore, by
205 modifying or distributing the Program (or any work based on the
206 Program), you indicate your acceptance of this License to do so, and
207 all its terms and conditions for copying, distributing or modifying
208 the Program or works based on it.
210 6. Each time you redistribute the Program (or any work based on the
211 Program), the recipient automatically receives a license from the
212 original licensor to copy, distribute or modify the Program subject to
213 these terms and conditions. You may not impose any further
214 restrictions on the recipients' exercise of the rights granted herein.
215 You are not responsible for enforcing compliance by third parties to
218 7. If, as a consequence of a court judgment or allegation of patent
219 infringement or for any other reason (not limited to patent issues),
220 conditions are imposed on you (whether by court order, agreement or
221 otherwise) that contradict the conditions of this License, they do not
222 excuse you from the conditions of this License. If you cannot
223 distribute so as to satisfy simultaneously your obligations under this
224 License and any other pertinent obligations, then as a consequence you
225 may not distribute the Program at all. For example, if a patent
226 license would not permit royalty-free redistribution of the Program by
227 all those who receive copies directly or indirectly through you, then
228 the only way you could satisfy both it and this License would be to
229 refrain entirely from distribution of the Program.
231 If any portion of this section is held invalid or unenforceable under
232 any particular circumstance, the balance of the section is intended to
233 apply and the section as a whole is intended to apply in other
236 It is not the purpose of this section to induce you to infringe any
237 patents or other property right claims or to contest validity of any
238 such claims; this section has the sole purpose of protecting the
239 integrity of the free software distribution system, which is
240 implemented by public license practices. Many people have made
241 generous contributions to the wide range of software distributed
242 through that system in reliance on consistent application of that
243 system; it is up to the author/donor to decide if he or she is willing
244 to distribute software through any other system and a licensee cannot
247 This section is intended to make thoroughly clear what is believed to
248 be a consequence of the rest of this License.
250 8. If the distribution and/or use of the Program is restricted in
251 certain countries either by patents or by copyrighted interfaces, the
252 original copyright holder who places the Program under this License
253 may add an explicit geographical distribution limitation excluding
254 those countries, so that distribution is permitted only in or among
255 countries not thus excluded. In such case, this License incorporates
256 the limitation as if written in the body of this License.
258 9. The Free Software Foundation may publish revised and/or new versions
259 of the General Public License from time to time. Such new versions will
260 be similar in spirit to the present version, but may differ in detail to
261 address new problems or concerns.
263 Each version is given a distinguishing version number. If the Program
264 specifies a version number of this License which applies to it and "any
265 later version", you have the option of following the terms and conditions
266 either of that version or of any later version published by the Free
267 Software Foundation. If the Program does not specify a version number of
268 this License, you may choose any version ever published by the Free Software
271 10. If you wish to incorporate parts of the Program into other free
272 programs whose distribution conditions are different, write to the author
273 to ask for permission. For software which is copyrighted by the Free
274 Software Foundation, write to the Free Software Foundation; we sometimes
275 make exceptions for this. Our decision will be guided by the two goals
276 of preserving the free status of all derivatives of our free software and
277 of promoting the sharing and reuse of software generally.
281 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
282 FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
283 OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
284 PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
285 OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
286 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
287 TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
288 PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
289 REPAIR OR CORRECTION.
291 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
292 WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
293 REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
294 INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
295 OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
296 TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
297 YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
298 PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
299 POSSIBILITY OF SUCH DAMAGES.
301 END OF TERMS AND CONDITIONS
303 How to Apply These Terms to Your New Programs
305 If you develop a new program, and you want it to be of the greatest
306 possible use to the public, the best way to achieve this is to make it
307 free software which everyone can redistribute and change under these terms.
309 To do so, attach the following notices to the program. It is safest
310 to attach them to the start of each source file to most effectively
311 convey the exclusion of warranty; and each file should have at least
312 the "copyright" line and a pointer to where the full notice is found.
314 <one line to give the program's name and a brief idea of what it does.>
315 Copyright (C) <year> <name of author>
317 This program is free software; you can redistribute it and/or modify
318 it under the terms of the GNU General Public License as published by
319 the Free Software Foundation; either version 2 of the License, or
320 (at your option) any later version.
322 This program is distributed in the hope that it will be useful,
323 but WITHOUT ANY WARRANTY; without even the implied warranty of
324 MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
325 GNU General Public License for more details.
327 You should have received a copy of the GNU General Public License along
328 with this program; if not, write to the Free Software Foundation, Inc.,
329 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
331 Also add information on how to contact you by electronic and paper mail.
333 If the program is interactive, make it output a short notice like this
334 when it starts in an interactive mode:
336 Gnomovision version 69, Copyright (C) year name of author
337 Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
338 This is free software, and you are welcome to redistribute it
339 under certain conditions; type `show c' for details.
341 The hypothetical commands `show w' and `show c' should show the appropriate
342 parts of the General Public License. Of course, the commands you use may
343 be called something other than `show w' and `show c'; they could even be
344 mouse-clicks or menu items--whatever suits your program.
346 You should also get your employer (if you work as a programmer) or your
347 school, if any, to sign a "copyright disclaimer" for the program, if
348 necessary. Here is a sample; alter the names:
350 Yoyodyne, Inc., hereby disclaims all copyright interest in the program
351 `Gnomovision' (which makes passes at compilers) written by James Hacker.
353 <signature of Ty Coon>, 1 April 1989
354 Ty Coon, President of Vice
356 This General Public License does not permit incorporating your program into
357 proprietary programs. If your program is a subroutine library, you may
358 consider it more useful to permit linking proprietary applications with the
359 library. If this is what you want to do, use the GNU Lesser General
360 Public License instead of this License.
367 CeCILL FREE SOFTWARE LICENSE AGREEMENT
369 Version 2.1 dated 2013-06-21
374 This Agreement is a Free Software license agreement that is the result
375 of discussions between its authors in order to ensure compliance with
376 the two main principles guiding its drafting:
378 * firstly, compliance with the principles governing the distribution
379 of Free Software: access to source code, broad rights granted to users,
380 * secondly, the election of a governing law, French law, with which it
381 is conformant, both as regards the law of torts and intellectual
382 property law, and the protection that it offers to both authors and
383 holders of the economic rights over software.
385 The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
388 Commissariat a l'energie atomique et aux energies alternatives - CEA, a
389 public scientific, technical and industrial research establishment,
390 having its principal place of business at 25 rue Leblanc, immeuble Le
391 Ponant D, 75015 Paris, France.
393 Centre National de la Recherche Scientifique - CNRS, a public scientific
394 and technological establishment, having its principal place of business
395 at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
397 Institut National de Recherche en Informatique et en Automatique -
398 Inria, a public scientific and technological establishment, having its
399 principal place of business at Domaine de Voluceau, Rocquencourt, BP
400 105, 78153 Le Chesnay cedex, France.
405 The purpose of this Free Software license agreement is to grant users
406 the right to modify and redistribute the software governed by this
407 license within the framework of an open source distribution model.
409 The exercising of this right is conditional upon certain obligations for
410 users so as to preserve this status for all subsequent redistributions.
412 In consideration of access to the source code and the rights to copy,
413 modify and redistribute granted by the license, users are provided only
414 with a limited warranty and the software's author, the holder of the
415 economic rights, and the successive licensors only have limited liability.
417 In this respect, the risks associated with loading, using, modifying
418 and/or developing or reproducing the software by the user are brought to
419 the user's attention, given its Free Software status, which may make it
420 complicated to use, with the result that its use is reserved for
421 developers and experienced professionals having in-depth computer
422 knowledge. Users are therefore encouraged to load and test the
423 suitability of the software as regards their requirements in conditions
424 enabling the security of their systems and/or data to be ensured and,
425 more generally, to use and operate it in the same conditions of
426 security. This Agreement may be freely reproduced and published,
427 provided it is not altered, and that no provisions are either added or
430 This Agreement may apply to any or all software for which the holder of
431 the economic rights decides to submit the use thereof to its provisions.
433 Frequently asked questions can be found on the official website of the
434 CeCILL licenses family (http://www.cecill.info/index.en.html) for any
435 necessary clarification.
438 Article 1 - DEFINITIONS
440 For the purpose of this Agreement, when the following expressions
441 commence with a capital letter, they shall have the following meaning:
443 Agreement: means this license agreement, and its possible subsequent
444 versions and annexes.
446 Software: means the software in its Object Code and/or Source Code form
447 and, where applicable, its documentation, "as is" when the Licensee
448 accepts the Agreement.
450 Initial Software: means the Software in its Source Code and possibly its
451 Object Code form and, where applicable, its documentation, "as is" when
452 it is first distributed under the terms and conditions of the Agreement.
454 Modified Software: means the Software modified by at least one
457 Source Code: means all the Software's instructions and program lines to
458 which access is required so as to modify the Software.
460 Object Code: means the binary files originating from the compilation of
463 Holder: means the holder(s) of the economic rights over the Initial
466 Licensee: means the Software user(s) having accepted the Agreement.
468 Contributor: means a Licensee having made at least one Contribution.
470 Licensor: means the Holder, or any other individual or legal entity, who
471 distributes the Software under the Agreement.
473 Contribution: means any or all modifications, corrections, translations,
474 adaptations and/or new functions integrated into the Software by any or
475 all Contributors, as well as any or all Internal Modules.
477 Module: means a set of sources files including their documentation that
478 enables supplementary functions or services in addition to those offered
481 External Module: means any or all Modules, not derived from the
482 Software, so that this Module and the Software run in separate address
483 spaces, with one calling the other when they are run.
485 Internal Module: means any or all Module, connected to the Software so
486 that they both execute in the same address space.
488 GNU GPL: means the GNU General Public License version 2 or any
489 subsequent version, as published by the Free Software Foundation Inc.
491 GNU Affero GPL: means the GNU Affero General Public License version 3 or
492 any subsequent version, as published by the Free Software Foundation Inc.
494 EUPL: means the European Union Public License version 1.1 or any
495 subsequent version, as published by the European Commission.
497 Parties: mean both the Licensee and the Licensor.
499 These expressions may be used both in singular and plural form.
504 The purpose of the Agreement is the grant by the Licensor to the
505 Licensee of a non-exclusive, transferable and worldwide license for the
506 Software as set forth in Article 5 <#scope> hereinafter for the whole
507 term of the protection granted by the rights over said Software.
510 Article 3 - ACCEPTANCE
512 3.1 The Licensee shall be deemed as having accepted the terms and
513 conditions of this Agreement upon the occurrence of the first of the
516 * (i) loading the Software by any or all means, notably, by
517 downloading from a remote server, or by loading from a physical medium;
518 * (ii) the first time the Licensee exercises any of the rights granted
521 3.2 One copy of the Agreement, containing a notice relating to the
522 characteristics of the Software, to the limited warranty, and to the
523 fact that its use is restricted to experienced users has been provided
524 to the Licensee prior to its acceptance as set forth in Article 3.1
525 <#accepting> hereinabove, and the Licensee hereby acknowledges that it
526 has read and understood it.
529 Article 4 - EFFECTIVE DATE AND TERM
534 The Agreement shall become effective on the date when it is accepted by
535 the Licensee as set forth in Article 3.1 <#accepting>.
540 The Agreement shall remain in force for the entire legal term of
541 protection of the economic rights over the Software.
544 Article 5 - SCOPE OF RIGHTS GRANTED
546 The Licensor hereby grants to the Licensee, who accepts, the following
547 rights over the Software for any or all use, and for the term of the
548 Agreement, on the basis of the terms and conditions set forth hereinafter.
550 Besides, if the Licensor owns or comes to own one or more patents
551 protecting all or part of the functions of the Software or of its
552 components, the Licensor undertakes not to enforce the rights granted by
553 these patents against successive Licensees using, exploiting or
554 modifying the Software. If these patents are transferred, the Licensor
555 undertakes to have the transferees subscribe to the obligations set
556 forth in this paragraph.
561 The Licensee is authorized to use the Software, without any limitation
562 as to its fields of application, with it being hereinafter specified
565 1. permanent or temporary reproduction of all or part of the Software
566 by any or all means and in any or all form.
568 2. loading, displaying, running, or storing the Software on any or all
571 3. entitlement to observe, study or test its operation so as to
572 determine the ideas and principles behind any or all constituent
573 elements of said Software. This shall apply when the Licensee
574 carries out any or all loading, displaying, running, transmission or
575 storage operation as regards the Software, that it is entitled to
579 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
581 The right to make Contributions includes the right to translate, adapt,
582 arrange, or make any or all modifications to the Software, and the right
583 to reproduce the resulting software.
585 The Licensee is authorized to make any or all Contributions to the
586 Software provided that it includes an explicit notice that it is the
587 author of said Contribution and indicates the date of the creation thereof.
590 5.3 RIGHT OF DISTRIBUTION
592 In particular, the right of distribution includes the right to publish,
593 transmit and communicate the Software to the general public on any or
594 all medium, and by any or all means, and the right to market, either in
595 consideration of a fee, or free of charge, one or more copies of the
596 Software by any means.
598 The Licensee is further authorized to distribute copies of the modified
599 or unmodified Software to third parties according to the terms and
600 conditions set forth hereinafter.
603 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
605 The Licensee is authorized to distribute true copies of the Software in
606 Source Code or Object Code form, provided that said distribution
607 complies with all the provisions of the Agreement and is accompanied by:
609 1. a copy of the Agreement,
611 2. a notice relating to the limitation of both the Licensor's warranty
612 and liability as set forth in Articles 8 and 9,
614 and that, in the event that only the Object Code of the Software is
615 redistributed, the Licensee allows effective access to the full Source
616 Code of the Software for a period of at least three years from the
617 distribution of the Software, it being understood that the additional
618 acquisition cost of the Source Code shall not exceed the cost of the
622 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
624 When the Licensee makes a Contribution to the Software, the terms and
625 conditions for the distribution of the resulting Modified Software
626 become subject to all the provisions of this Agreement.
628 The Licensee is authorized to distribute the Modified Software, in
629 source code or object code form, provided that said distribution
630 complies with all the provisions of the Agreement and is accompanied by:
632 1. a copy of the Agreement,
634 2. a notice relating to the limitation of both the Licensor's warranty
635 and liability as set forth in Articles 8 and 9,
637 and, in the event that only the object code of the Modified Software is
640 3. a note stating the conditions of effective access to the full source
641 code of the Modified Software for a period of at least three years
642 from the distribution of the Modified Software, it being understood
643 that the additional acquisition cost of the source code shall not
644 exceed the cost of the data transfer.
647 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
649 When the Licensee has developed an External Module, the terms and
650 conditions of this Agreement do not apply to said External Module, that
651 may be distributed under a separate license agreement.
654 5.3.4 COMPATIBILITY WITH OTHER LICENSES
656 The Licensee can include a code that is subject to the provisions of one
657 of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the
658 Modified or unmodified Software, and distribute that entire code under
659 the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
661 The Licensee can include the Modified or unmodified Software in a code
662 that is subject to the provisions of one of the versions of the GNU GPL,
663 GNU Affero GPL and/or EUPL and distribute that entire code under the
664 terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
667 Article 6 - INTELLECTUAL PROPERTY
670 6.1 OVER THE INITIAL SOFTWARE
672 The Holder owns the economic rights over the Initial Software. Any or
673 all use of the Initial Software is subject to compliance with the terms
674 and conditions under which the Holder has elected to distribute its work
675 and no one shall be entitled to modify the terms and conditions for the
676 distribution of said Initial Software.
678 The Holder undertakes that the Initial Software will remain ruled at
679 least by this Agreement, for the duration set forth in Article 4.2 <#term>.
682 6.2 OVER THE CONTRIBUTIONS
684 The Licensee who develops a Contribution is the owner of the
685 intellectual property rights over this Contribution as defined by
689 6.3 OVER THE EXTERNAL MODULES
691 The Licensee who develops an External Module is the owner of the
692 intellectual property rights over this External Module as defined by
693 applicable law and is free to choose the type of agreement that shall
694 govern its distribution.
699 The Licensee expressly undertakes:
701 1. not to remove, or modify, in any manner, the intellectual property
702 notices attached to the Software;
704 2. to reproduce said notices, in an identical manner, in the copies of
705 the Software modified or not.
707 The Licensee undertakes not to directly or indirectly infringe the
708 intellectual property rights on the Software of the Holder and/or
709 Contributors, and to take, where applicable, vis-a-vis its staff, any
710 and all measures required to ensure respect of said intellectual
711 property rights of the Holder and/or Contributors.
714 Article 7 - RELATED SERVICES
716 7.1 Under no circumstances shall the Agreement oblige the Licensor to
717 provide technical assistance or maintenance services for the Software.
719 However, the Licensor is entitled to offer this type of services. The
720 terms and conditions of such technical assistance, and/or such
721 maintenance, shall be set forth in a separate instrument. Only the
722 Licensor offering said maintenance and/or technical assistance services
723 shall incur liability therefor.
725 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
726 its sole responsibility, a warranty, that shall only be binding upon
727 itself, for the redistribution of the Software and/or the Modified
728 Software, under terms and conditions that it is free to decide. Said
729 warranty, and the financial terms and conditions of its application,
730 shall be subject of a separate instrument executed between the Licensor
734 Article 8 - LIABILITY
736 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
737 entitled to claim compensation for any direct loss it may have suffered
738 from the Software as a result of a fault on the part of the relevant
739 Licensor, subject to providing evidence thereof.
741 8.2 The Licensor's liability is limited to the commitments made under
742 this Agreement and shall not be incurred as a result of in particular:
743 (i) loss due the Licensee's total or partial failure to fulfill its
744 obligations, (ii) direct or consequential loss that is suffered by the
745 Licensee due to the use or performance of the Software, and (iii) more
746 generally, any consequential loss. In particular the Parties expressly
747 agree that any or all pecuniary or business loss (i.e. loss of data,
748 loss of profits, operating loss, loss of customers or orders,
749 opportunity cost, any disturbance to business activities) or any or all
750 legal proceedings instituted against the Licensee by a third party,
751 shall constitute consequential loss and shall not provide entitlement to
752 any or all compensation from the Licensor.
757 9.1 The Licensee acknowledges that the scientific and technical
758 state-of-the-art when the Software was distributed did not enable all
759 possible uses to be tested and verified, nor for the presence of
760 possible defects to be detected. In this respect, the Licensee's
761 attention has been drawn to the risks associated with loading, using,
762 modifying and/or developing and reproducing the Software which are
763 reserved for experienced users.
765 The Licensee shall be responsible for verifying, by any or all means,
766 the suitability of the product for its requirements, its good working
767 order, and for ensuring that it shall not cause damage to either persons
770 9.2 The Licensor hereby represents, in good faith, that it is entitled
771 to grant all the rights over the Software (including in particular the
772 rights set forth in Article 5 <#scope>).
774 9.3 The Licensee acknowledges that the Software is supplied "as is" by
775 the Licensor without any other express or tacit warranty, other than
776 that provided for in Article 9.2 <#good-faith> and, in particular,
777 without any warranty as to its commercial value, its secured, safe,
778 innovative or relevant nature.
780 Specifically, the Licensor does not warrant that the Software is free
781 from any error, that it will operate without interruption, that it will
782 be compatible with the Licensee's own equipment and software
783 configuration, nor that it will meet the Licensee's requirements.
785 9.4 The Licensor does not either expressly or tacitly warrant that the
786 Software does not infringe any third party intellectual property right
787 relating to a patent, software or any other property right. Therefore,
788 the Licensor disclaims any and all liability towards the Licensee
789 arising out of any or all proceedings for infringement that may be
790 instituted in respect of the use, modification and redistribution of the
791 Software. Nevertheless, should such proceedings be instituted against
792 the Licensee, the Licensor shall provide it with technical and legal
793 expertise for its defense. Such technical and legal expertise shall be
794 decided on a case-by-case basis between the relevant Licensor and the
795 Licensee pursuant to a memorandum of understanding. The Licensor
796 disclaims any and all liability as regards the Licensee's use of the
797 name of the Software. No warranty is given as regards the existence of
798 prior rights over the name of the Software or as regards the existence
802 Article 10 - TERMINATION
804 10.1 In the event of a breach by the Licensee of its obligations
805 hereunder, the Licensor may automatically terminate this Agreement
806 thirty (30) days after notice has been sent to the Licensee and has
807 remained ineffective.
809 10.2 A Licensee whose Agreement is terminated shall no longer be
810 authorized to use, modify or distribute the Software. However, any
811 licenses that it may have granted prior to termination of the Agreement
812 shall remain valid subject to their having been granted in compliance
813 with the terms and conditions hereof.
816 Article 11 - MISCELLANEOUS
819 11.1 EXCUSABLE EVENTS
821 Neither Party shall be liable for any or all delay, or failure to
822 perform the Agreement, that may be attributable to an event of force
823 majeure, an act of God or an outside cause, such as defective
824 functioning or interruptions of the electricity or telecommunications
825 networks, network paralysis following a virus attack, intervention by
826 government authorities, natural disasters, water damage, earthquakes,
827 fire, explosions, strikes and labor unrest, war, etc.
829 11.2 Any failure by either Party, on one or more occasions, to invoke
830 one or more of the provisions hereof, shall under no circumstances be
831 interpreted as being a waiver by the interested Party of its right to
832 invoke said provision(s) subsequently.
834 11.3 The Agreement cancels and replaces any or all previous agreements,
835 whether written or oral, between the Parties and having the same
836 purpose, and constitutes the entirety of the agreement between said
837 Parties concerning said purpose. No supplement or modification to the
838 terms and conditions hereof shall be effective as between the Parties
839 unless it is made in writing and signed by their duly authorized
842 11.4 In the event that one or more of the provisions hereof were to
843 conflict with a current or future applicable act or legislative text,
844 said act or legislative text shall prevail, and the Parties shall make
845 the necessary amendments so as to comply with said act or legislative
846 text. All other provisions shall remain effective. Similarly, invalidity
847 of a provision of the Agreement, for any reason whatsoever, shall not
848 cause the Agreement as a whole to be invalid.
853 The Agreement is drafted in both French and English and both versions
854 are deemed authentic.
857 Article 12 - NEW VERSIONS OF THE AGREEMENT
859 12.1 Any person is authorized to duplicate and distribute copies of this
862 12.2 So as to ensure coherence, the wording of this Agreement is
863 protected and may only be modified by the authors of the License, who
864 reserve the right to periodically publish updates or new versions of the
865 Agreement, each with a separate number. These subsequent versions may
866 address new issues encountered by Free Software.
868 12.3 Any Software distributed under a given version of the Agreement may
869 only be subsequently distributed under the same version of the Agreement
870 or a subsequent version, subject to the provisions of Article 5.3.4
874 Article 13 - GOVERNING LAW AND JURISDICTION
876 13.1 The Agreement is governed by French law. The Parties agree to
877 endeavor to seek an amicable solution to any disagreements or disputes
878 that may arise during the performance of the Agreement.
880 13.2 Failing an amicable solution within two (2) months as from their
881 occurrence, and unless emergency proceedings are necessary, the
882 disagreements or disputes shall be referred to the Paris Courts having
883 jurisdiction, by the more diligent Party.