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GNU GENERAL PUBLIC LICENSE |
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Version 2, June 1991 |
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Copyright (C) 1989, 1991 Free Software Foundation, Inc., <http://fsf.org/> |
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51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA |
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Everyone is permitted to copy and distribute verbatim copies |
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of this license document, but changing it is not allowed. |
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Preamble |
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The licenses for most software are designed to take away your |
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freedom to share and change it. By contrast, the GNU General Public |
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License is intended to guarantee your freedom to share and change free |
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software--to make sure the software is free for all its users. This |
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General Public License applies to most of the Free Software |
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Foundation's software and to any other program whose authors commit to |
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using it. (Some other Free Software Foundation software is covered by |
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the GNU Lesser General Public License instead.) You can apply it to |
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your programs, too. |
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When we speak of free software, we are referring to freedom, not |
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price. Our General Public Licenses are designed to make sure that you |
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have the freedom to distribute copies of free software (and charge for |
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this service if you wish), that you receive source code or can get it |
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if you want it, that you can change the software or use pieces of it |
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in new free programs; and that you know you can do these things. |
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To protect your rights, we need to make restrictions that forbid |
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anyone to deny you these rights or to ask you to surrender the rights. |
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These restrictions translate to certain responsibilities for you if you |
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distribute copies of the software, or if you modify it. |
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For example, if you distribute copies of such a program, whether |
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gratis or for a fee, you must give the recipients all the rights that |
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you have. You must make sure that they, too, receive or can get the |
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source code. And you must show them these terms so they know their |
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rights. |
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We protect your rights with two steps: (1) copyright the software, and |
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(2) offer you this license which gives you legal permission to copy, |
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distribute and/or modify the software. |
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Also, for each author's protection and ours, we want to make certain |
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that everyone understands that there is no warranty for this free |
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software. If the software is modified by someone else and passed on, we |
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want its recipients to know that what they have is not the original, so |
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that any problems introduced by others will not reflect on the original |
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authors' reputations. |
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Finally, any free program is threatened constantly by software |
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patents. We wish to avoid the danger that redistributors of a free |
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program will individually obtain patent licenses, in effect making the |
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program proprietary. To prevent this, we have made it clear that any |
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patent must be licensed for everyone's free use or not licensed at all. |
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The precise terms and conditions for copying, distribution and |
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modification follow. |
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GNU GENERAL PUBLIC LICENSE |
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TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION |
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0. This License applies to any program or other work which contains |
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a notice placed by the copyright holder saying it may be distributed |
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under the terms of this General Public License. The "Program", below, |
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refers to any such program or work, and a "work based on the Program" |
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means either the Program or any derivative work under copyright law: |
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that is to say, a work containing the Program or a portion of it, |
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either verbatim or with modifications and/or translated into another |
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language. (Hereinafter, translation is included without limitation in |
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the term "modification".) Each licensee is addressed as "you". |
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Activities other than copying, distribution and modification are not |
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covered by this License; they are outside its scope. The act of |
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running the Program is not restricted, and the output from the Program |
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is covered only if its contents constitute a work based on the |
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Program (independent of having been made by running the Program). |
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Whether that is true depends on what the Program does. |
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1. You may copy and distribute verbatim copies of the Program's |
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source code as you receive it, in any medium, provided that you |
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conspicuously and appropriately publish on each copy an appropriate |
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copyright notice and disclaimer of warranty; keep intact all the |
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notices that refer to this License and to the absence of any warranty; |
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and give any other recipients of the Program a copy of this License |
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along with the Program. |
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You may charge a fee for the physical act of transferring a copy, and |
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you may at your option offer warranty protection in exchange for a fee. |
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2. You may modify your copy or copies of the Program or any portion |
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of it, thus forming a work based on the Program, and copy and |
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distribute such modifications or work under the terms of Section 1 |
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above, provided that you also meet all of these conditions: |
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a) You must cause the modified files to carry prominent notices |
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stating that you changed the files and the date of any change. |
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b) You must cause any work that you distribute or publish, that in |
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whole or in part contains or is derived from the Program or any |
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part thereof, to be licensed as a whole at no charge to all third |
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parties under the terms of this License. |
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c) If the modified program normally reads commands interactively |
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when run, you must cause it, when started running for such |
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interactive use in the most ordinary way, to print or display an |
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announcement including an appropriate copyright notice and a |
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notice that there is no warranty (or else, saying that you provide |
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a warranty) and that users may redistribute the program under |
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these conditions, and telling the user how to view a copy of this |
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License. (Exception: if the Program itself is interactive but |
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does not normally print such an announcement, your work based on |
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the Program is not required to print an announcement.) |
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These requirements apply to the modified work as a whole. If |
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identifiable sections of that work are not derived from the Program, |
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and can be reasonably considered independent and separate works in |
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themselves, then this License, and its terms, do not apply to those |
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sections when you distribute them as separate works. But when you |
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distribute the same sections as part of a whole which is a work based |
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on the Program, the distribution of the whole must be on the terms of |
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this License, whose permissions for other licensees extend to the |
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entire whole, and thus to each and every part regardless of who wrote it. |
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Thus, it is not the intent of this section to claim rights or contest |
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your rights to work written entirely by you; rather, the intent is to |
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exercise the right to control the distribution of derivative or |
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collective works based on the Program. |
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In addition, mere aggregation of another work not based on the Program |
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with the Program (or with a work based on the Program) on a volume of |
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a storage or distribution medium does not bring the other work under |
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the scope of this License. |
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3. You may copy and distribute the Program (or a work based on it, |
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under Section 2) in object code or executable form under the terms of |
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Sections 1 and 2 above provided that you also do one of the following: |
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a) Accompany it with the complete corresponding machine-readable |
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source code, which must be distributed under the terms of Sections |
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1 and 2 above on a medium customarily used for software interchange; or, |
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b) Accompany it with a written offer, valid for at least three |
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years, to give any third party, for a charge no more than your |
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cost of physically performing source distribution, a complete |
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machine-readable copy of the corresponding source code, to be |
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distributed under the terms of Sections 1 and 2 above on a medium |
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customarily used for software interchange; or, |
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c) Accompany it with the information you received as to the offer |
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to distribute corresponding source code. (This alternative is |
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allowed only for noncommercial distribution and only if you |
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received the program in object code or executable form with such |
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an offer, in accord with Subsection b above.) |
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The source code for a work means the preferred form of the work for |
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making modifications to it. For an executable work, complete source |
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code means all the source code for all modules it contains, plus any |
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associated interface definition files, plus the scripts used to |
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control compilation and installation of the executable. However, as a |
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special exception, the source code distributed need not include |
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anything that is normally distributed (in either source or binary |
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form) with the major components (compiler, kernel, and so on) of the |
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operating system on which the executable runs, unless that component |
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itself accompanies the executable. |
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If distribution of executable or object code is made by offering |
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access to copy from a designated place, then offering equivalent |
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access to copy the source code from the same place counts as |
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distribution of the source code, even though third parties are not |
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compelled to copy the source along with the object code. |
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4. You may not copy, modify, sublicense, or distribute the Program |
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except as expressly provided under this License. Any attempt |
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otherwise to copy, modify, sublicense or distribute the Program is |
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void, and will automatically terminate your rights under this License. |
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However, parties who have received copies, or rights, from you under |
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this License will not have their licenses terminated so long as such |
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parties remain in full compliance. |
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5. You are not required to accept this License, since you have not |
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signed it. However, nothing else grants you permission to modify or |
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distribute the Program or its derivative works. These actions are |
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prohibited by law if you do not accept this License. Therefore, by |
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modifying or distributing the Program (or any work based on the |
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Program), you indicate your acceptance of this License to do so, and |
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all its terms and conditions for copying, distributing or modifying |
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the Program or works based on it. |
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6. Each time you redistribute the Program (or any work based on the |
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Program), the recipient automatically receives a license from the |
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original licensor to copy, distribute or modify the Program subject to |
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these terms and conditions. You may not impose any further |
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restrictions on the recipients' exercise of the rights granted herein. |
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You are not responsible for enforcing compliance by third parties to |
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this License. |
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7. If, as a consequence of a court judgment or allegation of patent |
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infringement or for any other reason (not limited to patent issues), |
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conditions are imposed on you (whether by court order, agreement or |
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otherwise) that contradict the conditions of this License, they do not |
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excuse you from the conditions of this License. If you cannot |
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distribute so as to satisfy simultaneously your obligations under this |
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License and any other pertinent obligations, then as a consequence you |
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may not distribute the Program at all. For example, if a patent |
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license would not permit royalty-free redistribution of the Program by |
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all those who receive copies directly or indirectly through you, then |
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the only way you could satisfy both it and this License would be to |
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refrain entirely from distribution of the Program. |
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If any portion of this section is held invalid or unenforceable under |
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any particular circumstance, the balance of the section is intended to |
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apply and the section as a whole is intended to apply in other |
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circumstances. |
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It is not the purpose of this section to induce you to infringe any |
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patents or other property right claims or to contest validity of any |
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such claims; this section has the sole purpose of protecting the |
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integrity of the free software distribution system, which is |
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implemented by public license practices. Many people have made |
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generous contributions to the wide range of software distributed |
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through that system in reliance on consistent application of that |
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system; it is up to the author/donor to decide if he or she is willing |
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to distribute software through any other system and a licensee cannot |
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impose that choice. |
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This section is intended to make thoroughly clear what is believed to |
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be a consequence of the rest of this License. |
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8. If the distribution and/or use of the Program is restricted in |
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certain countries either by patents or by copyrighted interfaces, the |
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original copyright holder who places the Program under this License |
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may add an explicit geographical distribution limitation excluding |
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those countries, so that distribution is permitted only in or among |
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countries not thus excluded. In such case, this License incorporates |
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the limitation as if written in the body of this License. |
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9. The Free Software Foundation may publish revised and/or new versions |
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of the General Public License from time to time. Such new versions will |
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be similar in spirit to the present version, but may differ in detail to |
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address new problems or concerns. |
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Each version is given a distinguishing version number. If the Program |
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specifies a version number of this License which applies to it and "any |
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later version", you have the option of following the terms and conditions |
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either of that version or of any later version published by the Free |
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Software Foundation. If the Program does not specify a version number of |
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this License, you may choose any version ever published by the Free Software |
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Foundation. |
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10. If you wish to incorporate parts of the Program into other free |
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programs whose distribution conditions are different, write to the author |
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to ask for permission. For software which is copyrighted by the Free |
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Software Foundation, write to the Free Software Foundation; we sometimes |
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make exceptions for this. Our decision will be guided by the two goals |
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of preserving the free status of all derivatives of our free software and |
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of promoting the sharing and reuse of software generally. |
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NO WARRANTY |
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11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY |
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FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN |
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OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES |
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PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED |
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OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF |
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS |
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TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE |
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PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, |
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REPAIR OR CORRECTION. |
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12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING |
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WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR |
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REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, |
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INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING |
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OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED |
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TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY |
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YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER |
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PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE |
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POSSIBILITY OF SUCH DAMAGES. |
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END OF TERMS AND CONDITIONS |
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How to Apply These Terms to Your New Programs |
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If you develop a new program, and you want it to be of the greatest |
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possible use to the public, the best way to achieve this is to make it |
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free software which everyone can redistribute and change under these terms. |
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To do so, attach the following notices to the program. It is safest |
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to attach them to the start of each source file to most effectively |
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convey the exclusion of warranty; and each file should have at least |
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the "copyright" line and a pointer to where the full notice is found. |
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{description} |
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Copyright (C) {year} {fullname} |
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This program is free software; you can redistribute it and/or modify |
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it under the terms of the GNU General Public License as published by |
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the Free Software Foundation; either version 2 of the License, or |
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(at your option) any later version. |
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This program is distributed in the hope that it will be useful, |
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but WITHOUT ANY WARRANTY; without even the implied warranty of |
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MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the |
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GNU General Public License for more details. |
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You should have received a copy of the GNU General Public License along |
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with this program; if not, write to the Free Software Foundation, Inc., |
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51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA. |
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Also add information on how to contact you by electronic and paper mail. |
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If the program is interactive, make it output a short notice like this |
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when it starts in an interactive mode: |
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Gnomovision version 69, Copyright (C) year name of author |
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Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. |
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This is free software, and you are welcome to redistribute it |
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under certain conditions; type `show c' for details. |
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The hypothetical commands `show w' and `show c' should show the appropriate |
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parts of the General Public License. Of course, the commands you use may |
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be called something other than `show w' and `show c'; they could even be |
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mouse-clicks or menu items--whatever suits your program. |
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You should also get your employer (if you work as a programmer) or your |
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school, if any, to sign a "copyright disclaimer" for the program, if |
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necessary. Here is a sample; alter the names: |
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Yoyodyne, Inc., hereby disclaims all copyright interest in the program |
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`Gnomovision' (which makes passes at compilers) written by James Hacker. |
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{signature of Ty Coon}, 1 April 1989 |
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Ty Coon, President of Vice |
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This General Public License does not permit incorporating your program into |
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proprietary programs. If your program is a subroutine library, you may |
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consider it more useful to permit linking proprietary applications with the |
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library. If this is what you want to do, use the GNU Lesser General |
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Public License instead of this License. |
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CeCILL FREE SOFTWARE LICENSE AGREEMENT |
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Version 2.1 dated 2013-06-21 |
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Notice |
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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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* firstly, compliance with the principles governing the distribution |
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of Free Software: access to source code, broad rights granted to users, |
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* secondly, the election of a governing law, French law, with which it |
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is conformant, both as regards the law of torts and intellectual |
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property law, and the protection that it offers to both authors and |
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holders of the economic rights over software. |
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The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) |
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license are: |
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Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a |
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public scientific, technical and industrial research establishment, |
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having its principal place of business at 25 rue Leblanc, immeuble Le |
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Ponant D, 75015 Paris, France. |
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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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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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Preamble |
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The purpose of this Free Software license agreement is to grant users |
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the right to modify and redistribute the software governed by this |
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license within the framework of an open source distribution model. |
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The exercising of this right is conditional upon certain obligations for |
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users so as to preserve this status for all subsequent redistributions. |
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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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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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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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Frequently asked questions can be found on the official website of the |
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CeCILL licenses family (http://www.cecill.info/index.en.html) for any |
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necessary clarification. |
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Article 1 - DEFINITIONS |
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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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Agreement: means this license agreement, and its possible subsequent |
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versions and annexes. |
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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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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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Modified Software: means the Software modified by at least one |
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Contribution. |
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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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Object Code: means the binary files originating from the compilation of |
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the Source Code. |
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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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Licensee: means the Software user(s) having accepted the Agreement. |
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Contributor: means a Licensee having made at least one Contribution. |
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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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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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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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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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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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GNU GPL: means the GNU General Public License version 2 or any |
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subsequent version, as published by the Free Software Foundation Inc. |
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GNU Affero GPL: means the GNU Affero General Public License version 3 or |
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any subsequent version, as published by the Free Software Foundation Inc. |
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EUPL: means the European Union Public License version 1.1 or any |
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subsequent version, as published by the European Commission. |
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Parties: mean both the Licensee and the Licensor. |
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These expressions may be used both in singular and plural form. |
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Article 2 - PURPOSE |
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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 <#scope> hereinafter for the whole |
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term of the protection granted by the rights over said Software. |
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Article 3 - ACCEPTANCE |
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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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* (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 medium; |
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* (ii) the first time the Licensee exercises any of the rights granted |
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hereunder. |
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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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<#accepting> hereinabove, and the Licensee hereby acknowledges that it |
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has read and understood it. |
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Article 4 - EFFECTIVE DATE AND TERM |
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4.1 EFFECTIVE DATE |
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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 <#accepting>. |
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4.2 TERM |
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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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Article 5 - SCOPE OF RIGHTS GRANTED |
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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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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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5.1 RIGHT OF USE |
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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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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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2. loading, displaying, running, or storing the Software on any or all |
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medium. |
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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 or |
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storage operation as regards the Software, that it is entitled to |
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carry out hereunder. |
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5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
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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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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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5.3 RIGHT OF DISTRIBUTION |
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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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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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5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
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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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1. a copy of the Agreement, |
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2. a notice relating to the limitation of both the Licensor's warranty |
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and liability as set forth in Articles 8 and 9, |
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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 for a period of at least three years from the |
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distribution of the Software, it being understood that the additional |
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acquisition cost of the Source Code shall not exceed the cost of the |
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data transfer. |
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5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
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When the Licensee makes a Contribution to the Software, the terms and |
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conditions for the distribution of the resulting Modified Software |
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become subject to all the provisions of this Agreement. |
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The Licensee is authorized to distribute the Modified 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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1. a copy of the Agreement, |
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2. a notice relating to the limitation of both the Licensor's warranty |
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and liability as set forth in Articles 8 and 9, |
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and, in the event that only the object code of the Modified Software is |
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redistributed, |
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3. a note stating the conditions of effective access to the full source |
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code of the Modified Software for a period of at least three years |
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from the distribution of the Modified Software, it being understood |
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that the additional acquisition cost of the source code shall not |
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exceed the cost of the data transfer. |
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5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
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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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5.3.4 COMPATIBILITY WITH OTHER LICENSES |
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The Licensee can include a code that is subject to the provisions of one |
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of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the |
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Modified or unmodified Software, and distribute that entire code under |
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the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL. |
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The Licensee can include the Modified or unmodified Software in a code |
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that is subject to the provisions of one of the versions of the GNU GPL, |
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GNU Affero GPL and/or EUPL and distribute that entire code under the |
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terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL. |
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Article 6 - INTELLECTUAL PROPERTY |
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6.1 OVER THE INITIAL SOFTWARE |
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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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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 <#term>. |
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6.2 OVER THE CONTRIBUTIONS |
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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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6.3 OVER THE EXTERNAL MODULES |
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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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6.4 JOINT PROVISIONS |
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The Licensee expressly undertakes: |
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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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2. to reproduce said notices, in an identical manner, in the copies of |
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the Software modified or not. |
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The Licensee undertakes not to directly or indirectly infringe the |
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intellectual property rights on the Software of the Holder and/or |
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Contributors, and to take, where applicable, vis-à-vis its staff, any |
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and all measures required to ensure respect of said intellectual |
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property rights of the Holder and/or Contributors. |
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Article 7 - RELATED SERVICES |
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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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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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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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Article 8 - LIABILITY |
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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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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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Article 9 - WARRANTY |
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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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|
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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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 <#scope>). |
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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 <#good-faith> and, in particular, |
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|
without any warranty as to its commercial value, its secured, safe, |
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innovative or relevant nature. |
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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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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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expertise for its defense. Such technical and legal expertise 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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Article 10 - TERMINATION |
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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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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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Article 11 - MISCELLANEOUS |
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11.1 EXCUSABLE EVENTS |
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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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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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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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11.4 In the event that on |