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CeCILL Free Software License Agreement v1.1
https://spdx.org/licenses/CECILL-1.1.json
http://www.cecill.info/licences/Licence_CeCILL_V1.1-US.html
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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:

         (( 1. ))??
         permanent or temporary reproduction of all or part of the Software by
         any or all means and in any or all form.

         (( 2. ))??
         loading, displaying, running, or storing the Software on any or all
         medium.

         (( 3. ))??
         entitlement to observe, study or test 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:

            (( 1. ))??
            a copy of the Agreement,

            (( 2. ))??
            a notice relating to the limitation of both the Licensor's warranty
            and liability as set forth in Articles 8 and 9,

         and that, in the event that only the 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:

            (( 1. ))??
            a copy of the Agreement,

            (( 2. ))??
            a notice relating to the limitation of both the Licensor's warranty
            and liability as set forth in Articles 8 and 9,

         and that, in the event that only the 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:

            (( 1. ))??
            not to remove, or modify, in any or all manner, the intellectual
            property notices affixed to the Software;

            (( 2. ))??
            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
