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- Copyright (c) 2009-2011 Cyril Rohr, INRIA Rennes - Bretagne Atlantique
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-
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- Permission is hereby granted, free of charge, to any person obtaining
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- a copy of this software and associated documentation files (the
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- "Software"), to deal in the Software without restriction, including
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- without limitation the rights to use, copy, modify, merge, publish,
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- distribute, sublicense, and/or sell copies of the Software, and to
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- permit persons to whom the Software is furnished to do so, subject to
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- the following conditions:
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-
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- The above copyright notice and this permission notice shall be
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- included in all copies or substantial portions of the Software.
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-
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- THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
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- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
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- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
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- NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
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- LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
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- OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
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- WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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+ CeCILL-B FREE SOFTWARE LICENSE AGREEMENT
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+
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+
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+ Notice
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+
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+ This Agreement is a Free Software license agreement that is the result
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+ of discussions between its authors in order to ensure compliance with
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+ the two main principles guiding its drafting:
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+
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+ * firstly, compliance with the principles governing the distribution
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+ of Free Software: access to source code, broad rights granted to
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+ users,
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+ * secondly, the election of a governing law, French law, with which
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+ it is conformant, both as regards the law of torts and
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+ intellectual property law, and the protection that it offers to
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+ both authors and holders of the economic rights over software.
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+
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+ The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
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+ license are:
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+
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+ Commissariat à l'Energie Atomique - CEA, a public scientific, technical
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+ and industrial research establishment, having its principal place of
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+ business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
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+
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+ Centre National de la Recherche Scientifique - CNRS, a public scientific
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+ and technological establishment, having its principal place of business
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+ at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
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+
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+ Institut National de Recherche en Informatique et en Automatique -
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+ INRIA, a public scientific and technological establishment, having its
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+ principal place of business at Domaine de Voluceau, Rocquencourt, BP
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+ 105, 78153 Le Chesnay cedex, France.
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+
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+
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+ Preamble
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+
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+ This Agreement is an open source software license intended to give users
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+ significant freedom to modify and redistribute the software licensed
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+ hereunder.
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+
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+ The exercising of this freedom is conditional upon a strong obligation
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+ of giving credits for everybody that distributes a software
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+ incorporating a software ruled by the current license so as all
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+ contributions to be properly identified and acknowledged.
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+
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+ In consideration of access to the source code and the rights to copy,
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+ modify and redistribute granted by the license, users are provided only
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+ with a limited warranty and the software's author, the holder of the
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+ economic rights, and the successive licensors only have limited liability.
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+
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+ In this respect, the risks associated with loading, using, modifying
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+ and/or developing or reproducing the software by the user are brought to
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+ the user's attention, given its Free Software status, which may make it
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+ complicated to use, with the result that its use is reserved for
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+ developers and experienced professionals having in-depth computer
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+ knowledge. Users are therefore encouraged to load and test the
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+ suitability of the software as regards their requirements in conditions
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+ enabling the security of their systems and/or data to be ensured and,
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+ more generally, to use and operate it in the same conditions of
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+ security. This Agreement may be freely reproduced and published,
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+ provided it is not altered, and that no provisions are either added or
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+ removed herefrom.
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+
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+ This Agreement may apply to any or all software for which the holder of
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+ the economic rights decides to submit the use thereof to its provisions.
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+
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+
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+ Article 1 - DEFINITIONS
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+
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+ For the purpose of this Agreement, when the following expressions
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+ commence with a capital letter, they shall have the following meaning:
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+
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+ Agreement: means this license agreement, and its possible subsequent
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+ versions and annexes.
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+
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+ Software: means the software in its Object Code and/or Source Code form
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+ and, where applicable, its documentation, "as is" when the Licensee
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+ accepts the Agreement.
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+
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+ Initial Software: means the Software in its Source Code and possibly its
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+ Object Code form and, where applicable, its documentation, "as is" when
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+ it is first distributed under the terms and conditions of the Agreement.
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+
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+ Modified Software: means the Software modified by at least one
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+ Contribution.
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+
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+ Source Code: means all the Software's instructions and program lines to
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+ which access is required so as to modify the Software.
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+
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+ Object Code: means the binary files originating from the compilation of
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+ the Source Code.
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+
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+ Holder: means the holder(s) of the economic rights over the Initial
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+ Software.
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+
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+ Licensee: means the Software user(s) having accepted the Agreement.
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+
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+ Contributor: means a Licensee having made at least one Contribution.
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+
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+ Licensor: means the Holder, or any other individual or legal entity, who
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+ distributes the Software under the Agreement.
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+
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+ Contribution: means any or all modifications, corrections, translations,
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+ adaptations and/or new functions integrated into the Software by any or
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+ all Contributors, as well as any or all Internal Modules.
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+
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+ Module: means a set of sources files including their documentation that
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+ enables supplementary functions or services in addition to those offered
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+ by the Software.
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+
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+ External Module: means any or all Modules, not derived from the
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+ Software, so that this Module and the Software run in separate address
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+ spaces, with one calling the other when they are run.
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+
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+ Internal Module: means any or all Module, connected to the Software so
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+ that they both execute in the same address space.
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+
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+ Parties: mean both the Licensee and the Licensor.
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+
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+ These expressions may be used both in singular and plural form.
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+
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+
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+ Article 2 - PURPOSE
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+
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+ The purpose of the Agreement is the grant by the Licensor to the
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+ Licensee of a non-exclusive, transferable and worldwide license for the
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+ Software as set forth in Article 5 hereinafter for the whole term of the
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+ protection granted by the rights over said Software.
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+
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+
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+ Article 3 - ACCEPTANCE
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+
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+ 3.1 The Licensee shall be deemed as having accepted the terms and
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+ conditions of this Agreement upon the occurrence of the first of the
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+ following events:
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+
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+ * (i) loading the Software by any or all means, notably, by
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+ downloading from a remote server, or by loading from a physical
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+ medium;
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+ * (ii) the first time the Licensee exercises any of the rights
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+ granted hereunder.
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+
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+ 3.2 One copy of the Agreement, containing a notice relating to the
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+ characteristics of the Software, to the limited warranty, and to the
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+ fact that its use is restricted to experienced users has been provided
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+ to the Licensee prior to its acceptance as set forth in Article 3.1
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+ hereinabove, and the Licensee hereby acknowledges that it has read and
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+ understood it.
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+
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+
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+ Article 4 - EFFECTIVE DATE AND TERM
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+
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+
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+ 4.1 EFFECTIVE DATE
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+
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+ The Agreement shall become effective on the date when it is accepted by
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+ the Licensee as set forth in Article 3.1.
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+
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+
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+ 4.2 TERM
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+
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+ The Agreement shall remain in force for the entire legal term of
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+ protection of the economic rights over the Software.
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+
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+
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+ Article 5 - SCOPE OF RIGHTS GRANTED
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+
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+ The Licensor hereby grants to the Licensee, who accepts, the following
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+ rights over the Software for any or all use, and for the term of the
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+ Agreement, on the basis of the terms and conditions set forth hereinafter.
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+
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+ Besides, if the Licensor owns or comes to own one or more patents
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+ protecting all or part of the functions of the Software or of its
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+ components, the Licensor undertakes not to enforce the rights granted by
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+ these patents against successive Licensees using, exploiting or
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+ modifying the Software. If these patents are transferred, the Licensor
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+ undertakes to have the transferees subscribe to the obligations set
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+ forth in this paragraph.
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+
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+
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+ 5.1 RIGHT OF USE
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+
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+ The Licensee is authorized to use the Software, without any limitation
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+ as to its fields of application, with it being hereinafter specified
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+ that this comprises:
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+
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+ 1. permanent or temporary reproduction of all or part of the Software
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+ by any or all means and in any or all form.
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+
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+ 2. loading, displaying, running, or storing the Software on any or
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+ all medium.
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+
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+ 3. entitlement to observe, study or test its operation so as to
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+ determine the ideas and principles behind any or all constituent
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+ elements of said Software. This shall apply when the Licensee
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+ carries out any or all loading, displaying, running, transmission
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+ or storage operation as regards the Software, that it is entitled
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+ to carry out hereunder.
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+
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+
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+ 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
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+
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+ The right to make Contributions includes the right to translate, adapt,
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+ arrange, or make any or all modifications to the Software, and the right
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+ to reproduce the resulting software.
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+
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+ The Licensee is authorized to make any or all Contributions to the
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+ Software provided that it includes an explicit notice that it is the
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+ author of said Contribution and indicates the date of the creation thereof.
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+
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+
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+ 5.3 RIGHT OF DISTRIBUTION
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+
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+ In particular, the right of distribution includes the right to publish,
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+ transmit and communicate the Software to the general public on any or
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+ all medium, and by any or all means, and the right to market, either in
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+ consideration of a fee, or free of charge, one or more copies of the
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+ Software by any means.
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+
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+ The Licensee is further authorized to distribute copies of the modified
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+ or unmodified Software to third parties according to the terms and
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+ conditions set forth hereinafter.
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+
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+
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+ 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
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+
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+ The Licensee is authorized to distribute true copies of the Software in
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+ Source Code or Object Code form, provided that said distribution
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+ complies with all the provisions of the Agreement and is accompanied by:
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+
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+ 1. a copy of the Agreement,
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+
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+ 2. a notice relating to the limitation of both the Licensor's
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+ warranty and liability as set forth in Articles 8 and 9,
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+
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+ and that, in the event that only the Object Code of the Software is
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+ redistributed, the Licensee allows effective access to the full Source
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+ Code of the Software at a minimum during the entire period of its
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+ distribution of the Software, it being understood that the additional
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+ cost of acquiring the Source Code shall not exceed the cost of
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+ transferring the data.
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+
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+
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+ 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
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+
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+ If the Licensee makes any Contribution to the Software, the resulting
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+ Modified Software may be distributed under a license agreement other
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+ than this Agreement subject to compliance with the provisions of Article
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+ 5.3.4.
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+
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+
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+ 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
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+
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+ When the Licensee has developed an External Module, the terms and
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+ conditions of this Agreement do not apply to said External Module, that
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+ may be distributed under a separate license agreement.
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+
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+
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+ 5.3.4 CREDITS
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+
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+ Any Licensee who may distribute a Modified Software hereby expressly
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+ agrees to:
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+
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+ 1. indicate in the related documentation that it is based on the
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+ Software licensed hereunder, and reproduce the intellectual
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+ property notice for the Software,
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+
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+ 2. ensure that written indications of the Software intended use,
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+ intellectual property notice and license hereunder are included in
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+ easily accessible format from the Modified Software interface,
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+
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+ 3. mention, on a freely accessible website describing the Modified
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+ Software, at least throughout the distribution term thereof, that
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+ it is based on the Software licensed hereunder, and reproduce the
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+ Software intellectual property notice,
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+
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+ 4. where it is distributed to a third party that may distribute a
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+ Modified Software without having to make its source code
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+ available, make its best efforts to ensure that said third party
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+ agrees to comply with the obligations set forth in this Article .
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+
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+ If the Software, whether or not modified, is distributed with an
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+ External Module designed for use in connection with the Software, the
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+ Licensee shall submit said External Module to the foregoing obligations.
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+
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+
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+ 5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES
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+
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+ Where a Modified Software contains a Contribution subject to the CeCILL
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+ license, the provisions set forth in Article 5.3.4 shall be optional.
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+
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+ A Modified Software may be distributed under the CeCILL-C license. In
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+ such a case the provisions set forth in Article 5.3.4 shall be optional.
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+
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+
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+ Article 6 - INTELLECTUAL PROPERTY
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+
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+
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+ 6.1 OVER THE INITIAL SOFTWARE
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+
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+ The Holder owns the economic rights over the Initial Software. Any or
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+ all use of the Initial Software is subject to compliance with the terms
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+ and conditions under which the Holder has elected to distribute its work
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+ and no one shall be entitled to modify the terms and conditions for the
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+ distribution of said Initial Software.
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+
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+ The Holder undertakes that the Initial Software will remain ruled at
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+ least by this Agreement, for the duration set forth in Article 4.2.
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+
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+
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+ 6.2 OVER THE CONTRIBUTIONS
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+
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+ The Licensee who develops a Contribution is the owner of the
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+ intellectual property rights over this Contribution as defined by
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+ applicable law.
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+
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+
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+ 6.3 OVER THE EXTERNAL MODULES
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+
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+ The Licensee who develops an External Module is the owner of the
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+ intellectual property rights over this External Module as defined by
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+ applicable law and is free to choose the type of agreement that shall
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+ govern its distribution.
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+
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+
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+ 6.4 JOINT PROVISIONS
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+
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+ The Licensee expressly undertakes:
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+
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+ 1. not to remove, or modify, in any manner, the intellectual property
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+ notices attached to the Software;
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+
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+ 2. to reproduce said notices, in an identical manner, in the copies
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+ of the Software modified or not.
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+
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+ The Licensee undertakes not to directly or indirectly infringe the
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+ intellectual property rights of the Holder and/or Contributors on the
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+ Software and to take, where applicable, vis-à-vis its staff, any and all
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+ measures required to ensure respect of said intellectual property rights
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+ of the Holder and/or Contributors.
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+
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+
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+ Article 7 - RELATED SERVICES
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+
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+ 7.1 Under no circumstances shall the Agreement oblige the Licensor to
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+ provide technical assistance or maintenance services for the Software.
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+
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+ However, the Licensor is entitled to offer this type of services. The
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+ terms and conditions of such technical assistance, and/or such
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+ maintenance, shall be set forth in a separate instrument. Only the
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+ Licensor offering said maintenance and/or technical assistance services
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+ shall incur liability therefor.
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+
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+ 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
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+ its sole responsibility, a warranty, that shall only be binding upon
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+ itself, for the redistribution of the Software and/or the Modified
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+ Software, under terms and conditions that it is free to decide. Said
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+ warranty, and the financial terms and conditions of its application,
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+ shall be subject of a separate instrument executed between the Licensor
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+ and the Licensee.
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+
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+
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+ Article 8 - LIABILITY
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+
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+ 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
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+ entitled to claim compensation for any direct loss it may have suffered
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+ from the Software as a result of a fault on the part of the relevant
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+ Licensor, subject to providing evidence thereof.
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+
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+ 8.2 The Licensor's liability is limited to the commitments made under
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+ this Agreement and shall not be incurred as a result of in particular:
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+ (i) loss due the Licensee's total or partial failure to fulfill its
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+ obligations, (ii) direct or consequential loss that is suffered by the
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+ Licensee due to the use or performance of the Software, and (iii) more
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+ generally, any consequential loss. In particular the Parties expressly
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+ agree that any or all pecuniary or business loss (i.e. loss of data,
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+ loss of profits, operating loss, loss of customers or orders,
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+ opportunity cost, any disturbance to business activities) or any or all
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+ legal proceedings instituted against the Licensee by a third party,
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+ shall constitute consequential loss and shall not provide entitlement to
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+ any or all compensation from the Licensor.
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+
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+
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+ Article 9 - WARRANTY
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+
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+ 9.1 The Licensee acknowledges that the scientific and technical
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+ state-of-the-art when the Software was distributed did not enable all
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+ possible uses to be tested and verified, nor for the presence of
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+ possible defects to be detected. In this respect, the Licensee's
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+ attention has been drawn to the risks associated with loading, using,
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+ modifying and/or developing and reproducing the Software which are
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+ reserved for experienced users.
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+
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+ The Licensee shall be responsible for verifying, by any or all means,
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+ the suitability of the product for its requirements, its good working
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+ order, and for ensuring that it shall not cause damage to either persons
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+ or properties.
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+
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+ 9.2 The Licensor hereby represents, in good faith, that it is entitled
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+ to grant all the rights over the Software (including in particular the
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+ rights set forth in Article 5).
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+
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+ 9.3 The Licensee acknowledges that the Software is supplied "as is" by
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+ the Licensor without any other express or tacit warranty, other than
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+ that provided for in Article 9.2 and, in particular, without any warranty
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+ as to its commercial value, its secured, safe, innovative or relevant
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+ nature.
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+
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+ Specifically, the Licensor does not warrant that the Software is free
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+ from any error, that it will operate without interruption, that it will
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+ be compatible with the Licensee's own equipment and software
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+ configuration, nor that it will meet the Licensee's requirements.
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+
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+ 9.4 The Licensor does not either expressly or tacitly warrant that the
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+ Software does not infringe any third party intellectual property right
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+ relating to a patent, software or any other property right. Therefore,
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+ the Licensor disclaims any and all liability towards the Licensee
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+ arising out of any or all proceedings for infringement that may be
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+ instituted in respect of the use, modification and redistribution of the
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+ Software. Nevertheless, should such proceedings be instituted against
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+ the Licensee, the Licensor shall provide it with technical and legal
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+ assistance for its defense. Such technical and legal assistance shall be
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+ decided on a case-by-case basis between the relevant Licensor and the
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+ Licensee pursuant to a memorandum of understanding. The Licensor
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+ disclaims any and all liability as regards the Licensee's use of the
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+ name of the Software. No warranty is given as regards the existence of
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+ prior rights over the name of the Software or as regards the existence
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+ of a trademark.
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+
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+
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+ Article 10 - TERMINATION
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+
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+ 10.1 In the event of a breach by the Licensee of its obligations
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+ hereunder, the Licensor may automatically terminate this Agreement
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+ thirty (30) days after notice has been sent to the Licensee and has
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+ remained ineffective.
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+
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+ 10.2 A Licensee whose Agreement is terminated shall no longer be
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+ authorized to use, modify or distribute the Software. However, any
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+ licenses that it may have granted prior to termination of the Agreement
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+ shall remain valid subject to their having been granted in compliance
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+ with the terms and conditions hereof.
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+
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+
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+ Article 11 - MISCELLANEOUS
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+
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+
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+ 11.1 EXCUSABLE EVENTS
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+
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+ Neither Party shall be liable for any or all delay, or failure to
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+ perform the Agreement, that may be attributable to an event of force
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+ majeure, an act of God or an outside cause, such as defective
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+ functioning or interruptions of the electricity or telecommunications
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+ networks, network paralysis following a virus attack, intervention by
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+ government authorities, natural disasters, water damage, earthquakes,
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+ fire, explosions, strikes and labor unrest, war, etc.
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+
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+ 11.2 Any failure by either Party, on one or more occasions, to invoke
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+ one or more of the provisions hereof, shall under no circumstances be
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+ interpreted as being a waiver by the interested Party of its right to
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+ invoke said provision(s) subsequently.
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+
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+ 11.3 The Agreement cancels and replaces any or all previous agreements,
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+ whether written or oral, between the Parties and having the same
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+ purpose, and constitutes the entirety of the agreement between said
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+ Parties concerning said purpose. No supplement or modification to the
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+ terms and conditions hereof shall be effective as between the Parties
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+ unless it is made in writing and signed by their duly authorized
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+ representatives.
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+
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+ 11.4 In the event that one or more of the provisions hereof were to
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+ conflict with a current or future applicable act or legislative text,
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+ said act or legislative text shall prevail, and the Parties shall make
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+ the necessary amendments so as to comply with said act or legislative
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+ text. All other provisions shall remain effective. Similarly, invalidity
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+ of a provision of the Agreement, for any reason whatsoever, shall not
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+ cause the Agreement as a whole to be invalid.
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+
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+
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+ 11.5 LANGUAGE
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+
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+ The Agreement is drafted in both French and English and both versions
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+ are deemed authentic.
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+
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+
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+ Article 12 - NEW VERSIONS OF THE AGREEMENT
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+
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+ 12.1 Any person is authorized to duplicate and distribute copies of this
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+ Agreement.
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+
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+ 12.2 So as to ensure coherence, the wording of this Agreement is
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+ protected and may only be modified by the authors of the License, who
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+ reserve the right to periodically publish updates or new versions of the
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+ Agreement, each with a separate number. These subsequent versions may
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+ address new issues encountered by Free Software.
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+
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+ 12.3 Any Software distributed under a given version of the Agreement may
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+ only be subsequently distributed under the same version of the Agreement
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+ or a subsequent version.
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+
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+
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+ Article 13 - GOVERNING LAW AND JURISDICTION
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+
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+ 13.1 The Agreement is governed by French law. The Parties agree to
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+ endeavor to seek an amicable solution to any disagreements or disputes
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+ that may arise during the performance of the Agreement.
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+
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+ 13.2 Failing an amicable solution within two (2) months as from their
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+ occurrence, and unless emergency proceedings are necessary, the
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+ disagreements or disputes shall be referred to the Paris Courts having
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+ jurisdiction, by the more diligent Party.
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+
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+
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+ Version 1.0 dated 2006-09-05.