Owl Positioning System: a Wi-Fi-based, infrastructure-centred indoor positioning system. http://owlps.pu-pm.univ-fcomte.fr/
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CeCILL_V2-en 21KB

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  1. CeCILL FREE SOFTWARE LICENSE AGREEMENT
  2. Notice
  3. This Agreement is a Free Software license agreement that is the result
  4. of discussions between its authors in order to ensure compliance with
  5. the two main principles guiding its drafting:
  6. * firstly, compliance with the principles governing the distribution
  7. of Free Software: access to source code, broad rights granted to
  8. users,
  9. * secondly, the election of a governing law, French law, with which
  10. it is conformant, both as regards the law of torts and
  11. intellectual property law, and the protection that it offers to
  12. both authors and holders of the economic rights over software.
  13. The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
  14. license are:
  15. Commissariat à l'Energie Atomique - CEA, a public scientific, technical
  16. and industrial research establishment, having its principal place of
  17. business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
  18. Centre National de la Recherche Scientifique - CNRS, a public scientific
  19. and technological establishment, having its principal place of business
  20. at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
  21. Institut National de Recherche en Informatique et en Automatique -
  22. INRIA, a public scientific and technological establishment, having its
  23. principal place of business at Domaine de Voluceau, Rocquencourt, BP
  24. 105, 78153 Le Chesnay cedex, France.
  25. Preamble
  26. The purpose of this Free Software license agreement is to grant users
  27. the right to modify and redistribute the software governed by this
  28. license within the framework of an open source distribution model.
  29. The exercising of these rights is conditional upon certain obligations
  30. for users so as to preserve this status for all subsequent redistributions.
  31. In consideration of access to the source code and the rights to copy,
  32. modify and redistribute granted by the license, users are provided only
  33. with a limited warranty and the software's author, the holder of the
  34. economic rights, and the successive licensors only have limited liability.
  35. In this respect, the risks associated with loading, using, modifying
  36. and/or developing or reproducing the software by the user are brought to
  37. the user's attention, given its Free Software status, which may make it
  38. complicated to use, with the result that its use is reserved for
  39. developers and experienced professionals having in-depth computer
  40. knowledge. Users are therefore encouraged to load and test the
  41. suitability of the software as regards their requirements in conditions
  42. enabling the security of their systems and/or data to be ensured and,
  43. more generally, to use and operate it in the same conditions of
  44. security. This Agreement may be freely reproduced and published,
  45. provided it is not altered, and that no provisions are either added or
  46. removed herefrom.
  47. This Agreement may apply to any or all software for which the holder of
  48. the economic rights decides to submit the use thereof to its provisions.
  49. Article 1 - DEFINITIONS
  50. For the purpose of this Agreement, when the following expressions
  51. commence with a capital letter, they shall have the following meaning:
  52. Agreement: means this license agreement, and its possible subsequent
  53. versions and annexes.
  54. Software: means the software in its Object Code and/or Source Code form
  55. and, where applicable, its documentation, "as is" when the Licensee
  56. accepts the Agreement.
  57. Initial Software: means the Software in its Source Code and possibly its
  58. Object Code form and, where applicable, its documentation, "as is" when
  59. it is first distributed under the terms and conditions of the Agreement.
  60. Modified Software: means the Software modified by at least one
  61. Contribution.
  62. Source Code: means all the Software's instructions and program lines to
  63. which access is required so as to modify the Software.
  64. Object Code: means the binary files originating from the compilation of
  65. the Source Code.
  66. Holder: means the holder(s) of the economic rights over the Initial
  67. Software.
  68. Licensee: means the Software user(s) having accepted the Agreement.
  69. Contributor: means a Licensee having made at least one Contribution.
  70. Licensor: means the Holder, or any other individual or legal entity, who
  71. distributes the Software under the Agreement.
  72. Contribution: means any or all modifications, corrections, translations,
  73. adaptations and/or new functions integrated into the Software by any or
  74. all Contributors, as well as any or all Internal Modules.
  75. Module: means a set of sources files including their documentation that
  76. enables supplementary functions or services in addition to those offered
  77. by the Software.
  78. External Module: means any or all Modules, not derived from the
  79. Software, so that this Module and the Software run in separate address
  80. spaces, with one calling the other when they are run.
  81. Internal Module: means any or all Module, connected to the Software so
  82. that they both execute in the same address space.
  83. GNU GPL: means the GNU General Public License version 2 or any
  84. subsequent version, as published by the Free Software Foundation Inc.
  85. Parties: mean both the Licensee and the Licensor.
  86. These expressions may be used both in singular and plural form.
  87. Article 2 - PURPOSE
  88. The purpose of the Agreement is the grant by the Licensor to the
  89. Licensee of a non-exclusive, transferable and worldwide license for the
  90. Software as set forth in Article 5 hereinafter for the whole term of the
  91. protection granted by the rights over said Software.
  92. Article 3 - ACCEPTANCE
  93. 3.1 The Licensee shall be deemed as having accepted the terms and
  94. conditions of this Agreement upon the occurrence of the first of the
  95. following events:
  96. * (i) loading the Software by any or all means, notably, by
  97. downloading from a remote server, or by loading from a physical
  98. medium;
  99. * (ii) the first time the Licensee exercises any of the rights
  100. granted hereunder.
  101. 3.2 One copy of the Agreement, containing a notice relating to the
  102. characteristics of the Software, to the limited warranty, and to the
  103. fact that its use is restricted to experienced users has been provided
  104. to the Licensee prior to its acceptance as set forth in Article 3.1
  105. hereinabove, and the Licensee hereby acknowledges that it has read and
  106. understood it.
  107. Article 4 - EFFECTIVE DATE AND TERM
  108. 4.1 EFFECTIVE DATE
  109. The Agreement shall become effective on the date when it is accepted by
  110. the Licensee as set forth in Article 3.1.
  111. 4.2 TERM
  112. The Agreement shall remain in force for the entire legal term of
  113. protection of the economic rights over the Software.
  114. Article 5 - SCOPE OF RIGHTS GRANTED
  115. The Licensor hereby grants to the Licensee, who accepts, the following
  116. rights over the Software for any or all use, and for the term of the
  117. Agreement, on the basis of the terms and conditions set forth hereinafter.
  118. Besides, if the Licensor owns or comes to own one or more patents
  119. protecting all or part of the functions of the Software or of its
  120. components, the Licensor undertakes not to enforce the rights granted by
  121. these patents against successive Licensees using, exploiting or
  122. modifying the Software. If these patents are transferred, the Licensor
  123. undertakes to have the transferees subscribe to the obligations set
  124. forth in this paragraph.
  125. 5.1 RIGHT OF USE
  126. The Licensee is authorized to use the Software, without any limitation
  127. as to its fields of application, with it being hereinafter specified
  128. that this comprises:
  129. 1. permanent or temporary reproduction of all or part of the Software
  130. by any or all means and in any or all form.
  131. 2. loading, displaying, running, or storing the Software on any or
  132. all medium.
  133. 3. entitlement to observe, study or test its operation so as to
  134. determine the ideas and principles behind any or all constituent
  135. elements of said Software. This shall apply when the Licensee
  136. carries out any or all loading, displaying, running, transmission
  137. or storage operation as regards the Software, that it is entitled
  138. to carry out hereunder.
  139. 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
  140. The right to make Contributions includes the right to translate, adapt,
  141. arrange, or make any or all modifications to the Software, and the right
  142. to reproduce the resulting software.
  143. The Licensee is authorized to make any or all Contributions to the
  144. Software provided that it includes an explicit notice that it is the
  145. author of said Contribution and indicates the date of the creation thereof.
  146. 5.3 RIGHT OF DISTRIBUTION
  147. In particular, the right of distribution includes the right to publish,
  148. transmit and communicate the Software to the general public on any or
  149. all medium, and by any or all means, and the right to market, either in
  150. consideration of a fee, or free of charge, one or more copies of the
  151. Software by any means.
  152. The Licensee is further authorized to distribute copies of the modified
  153. or unmodified Software to third parties according to the terms and
  154. conditions set forth hereinafter.
  155. 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
  156. The Licensee is authorized to distribute true copies of the Software in
  157. Source Code or Object Code form, provided that said distribution
  158. complies with all the provisions of the Agreement and is accompanied by:
  159. 1. a copy of the Agreement,
  160. 2. a notice relating to the limitation of both the Licensor's
  161. warranty and liability as set forth in Articles 8 and 9,
  162. and that, in the event that only the Object Code of the Software is
  163. redistributed, the Licensee allows future Licensees unhindered access to
  164. the full Source Code of the Software by indicating how to access it, it
  165. being understood that the additional cost of acquiring the Source Code
  166. shall not exceed the cost of transferring the data.
  167. 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
  168. When the Licensee makes a Contribution to the Software, the terms and
  169. conditions for the distribution of the resulting Modified Software
  170. become subject to all the provisions of this Agreement.
  171. The Licensee is authorized to distribute the Modified Software, in
  172. source code or object code form, provided that said distribution
  173. complies with all the provisions of the Agreement and is accompanied by:
  174. 1. a copy of the Agreement,
  175. 2. a notice relating to the limitation of both the Licensor's
  176. warranty and liability as set forth in Articles 8 and 9,
  177. and that, in the event that only the object code of the Modified
  178. Software is redistributed, the Licensee allows future Licensees
  179. unhindered access to the full source code of the Modified Software by
  180. indicating how to access it, it being understood that the additional
  181. cost of acquiring the source code shall not exceed the cost of
  182. transferring the data.
  183. 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
  184. When the Licensee has developed an External Module, the terms and
  185. conditions of this Agreement do not apply to said External Module, that
  186. may be distributed under a separate license agreement.
  187. 5.3.4 COMPATIBILITY WITH THE GNU GPL
  188. The Licensee can include a code that is subject to the provisions of one
  189. of the versions of the GNU GPL in the Modified or unmodified Software,
  190. and distribute that entire code under the terms of the same version of
  191. the GNU GPL.
  192. The Licensee can include the Modified or unmodified Software in a code
  193. that is subject to the provisions of one of the versions of the GNU GPL,
  194. and distribute that entire code under the terms of the same version of
  195. the GNU GPL.
  196. Article 6 - INTELLECTUAL PROPERTY
  197. 6.1 OVER THE INITIAL SOFTWARE
  198. The Holder owns the economic rights over the Initial Software. Any or
  199. all use of the Initial Software is subject to compliance with the terms
  200. and conditions under which the Holder has elected to distribute its work
  201. and no one shall be entitled to modify the terms and conditions for the
  202. distribution of said Initial Software.
  203. The Holder undertakes that the Initial Software will remain ruled at
  204. least by this Agreement, for the duration set forth in Article 4.2.
  205. 6.2 OVER THE CONTRIBUTIONS
  206. The Licensee who develops a Contribution is the owner of the
  207. intellectual property rights over this Contribution as defined by
  208. applicable law.
  209. 6.3 OVER THE EXTERNAL MODULES
  210. The Licensee who develops an External Module is the owner of the
  211. intellectual property rights over this External Module as defined by
  212. applicable law and is free to choose the type of agreement that shall
  213. govern its distribution.
  214. 6.4 JOINT PROVISIONS
  215. The Licensee expressly undertakes:
  216. 1. not to remove, or modify, in any manner, the intellectual property
  217. notices attached to the Software;
  218. 2. to reproduce said notices, in an identical manner, in the copies
  219. of the Software modified or not.
  220. The Licensee undertakes not to directly or indirectly infringe the
  221. intellectual property rights of the Holder and/or Contributors on the
  222. Software and to take, where applicable, vis-à-vis its staff, any and all
  223. measures required to ensure respect of said intellectual property rights
  224. of the Holder and/or Contributors.
  225. Article 7 - RELATED SERVICES
  226. 7.1 Under no circumstances shall the Agreement oblige the Licensor to
  227. provide technical assistance or maintenance services for the Software.
  228. However, the Licensor is entitled to offer this type of services. The
  229. terms and conditions of such technical assistance, and/or such
  230. maintenance, shall be set forth in a separate instrument. Only the
  231. Licensor offering said maintenance and/or technical assistance services
  232. shall incur liability therefor.
  233. 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
  234. its sole responsibility, a warranty, that shall only be binding upon
  235. itself, for the redistribution of the Software and/or the Modified
  236. Software, under terms and conditions that it is free to decide. Said
  237. warranty, and the financial terms and conditions of its application,
  238. shall be subject of a separate instrument executed between the Licensor
  239. and the Licensee.
  240. Article 8 - LIABILITY
  241. 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
  242. entitled to claim compensation for any direct loss it may have suffered
  243. from the Software as a result of a fault on the part of the relevant
  244. Licensor, subject to providing evidence thereof.
  245. 8.2 The Licensor's liability is limited to the commitments made under
  246. this Agreement and shall not be incurred as a result of in particular:
  247. (i) loss due the Licensee's total or partial failure to fulfill its
  248. obligations, (ii) direct or consequential loss that is suffered by the
  249. Licensee due to the use or performance of the Software, and (iii) more
  250. generally, any consequential loss. In particular the Parties expressly
  251. agree that any or all pecuniary or business loss (i.e. loss of data,
  252. loss of profits, operating loss, loss of customers or orders,
  253. opportunity cost, any disturbance to business activities) or any or all
  254. legal proceedings instituted against the Licensee by a third party,
  255. shall constitute consequential loss and shall not provide entitlement to
  256. any or all compensation from the Licensor.
  257. Article 9 - WARRANTY
  258. 9.1 The Licensee acknowledges that the scientific and technical
  259. state-of-the-art when the Software was distributed did not enable all
  260. possible uses to be tested and verified, nor for the presence of
  261. possible defects to be detected. In this respect, the Licensee's
  262. attention has been drawn to the risks associated with loading, using,
  263. modifying and/or developing and reproducing the Software which are
  264. reserved for experienced users.
  265. The Licensee shall be responsible for verifying, by any or all means,
  266. the suitability of the product for its requirements, its good working
  267. order, and for ensuring that it shall not cause damage to either persons
  268. or properties.
  269. 9.2 The Licensor hereby represents, in good faith, that it is entitled
  270. to grant all the rights over the Software (including in particular the
  271. rights set forth in Article 5).
  272. 9.3 The Licensee acknowledges that the Software is supplied "as is" by
  273. the Licensor without any other express or tacit warranty, other than
  274. that provided for in Article 9.2 and, in particular, without any warranty
  275. as to its commercial value, its secured, safe, innovative or relevant
  276. nature.
  277. Specifically, the Licensor does not warrant that the Software is free
  278. from any error, that it will operate without interruption, that it will
  279. be compatible with the Licensee's own equipment and software
  280. configuration, nor that it will meet the Licensee's requirements.
  281. 9.4 The Licensor does not either expressly or tacitly warrant that the
  282. Software does not infringe any third party intellectual property right
  283. relating to a patent, software or any other property right. Therefore,
  284. the Licensor disclaims any and all liability towards the Licensee
  285. arising out of any or all proceedings for infringement that may be
  286. instituted in respect of the use, modification and redistribution of the
  287. Software. Nevertheless, should such proceedings be instituted against
  288. the Licensee, the Licensor shall provide it with technical and legal
  289. assistance for its defense. Such technical and legal assistance shall be
  290. decided on a case-by-case basis between the relevant Licensor and the
  291. Licensee pursuant to a memorandum of understanding. The Licensor
  292. disclaims any and all liability as regards the Licensee's use of the
  293. name of the Software. No warranty is given as regards the existence of
  294. prior rights over the name of the Software or as regards the existence
  295. of a trademark.
  296. Article 10 - TERMINATION
  297. 10.1 In the event of a breach by the Licensee of its obligations
  298. hereunder, the Licensor may automatically terminate this Agreement
  299. thirty (30) days after notice has been sent to the Licensee and has
  300. remained ineffective.
  301. 10.2 A Licensee whose Agreement is terminated shall no longer be
  302. authorized to use, modify or distribute the Software. However, any
  303. licenses that it may have granted prior to termination of the Agreement
  304. shall remain valid subject to their having been granted in compliance
  305. with the terms and conditions hereof.
  306. Article 11 - MISCELLANEOUS
  307. 11.1 EXCUSABLE EVENTS
  308. Neither Party shall be liable for any or all delay, or failure to
  309. perform the Agreement, that may be attributable to an event of force
  310. majeure, an act of God or an outside cause, such as defective
  311. functioning or interruptions of the electricity or telecommunications
  312. networks, network paralysis following a virus attack, intervention by
  313. government authorities, natural disasters, water damage, earthquakes,
  314. fire, explosions, strikes and labor unrest, war, etc.
  315. 11.2 Any failure by either Party, on one or more occasions, to invoke
  316. one or more of the provisions hereof, shall under no circumstances be
  317. interpreted as being a waiver by the interested Party of its right to
  318. invoke said provision(s) subsequently.
  319. 11.3 The Agreement cancels and replaces any or all previous agreements,
  320. whether written or oral, between the Parties and having the same
  321. purpose, and constitutes the entirety of the agreement between said
  322. Parties concerning said purpose. No supplement or modification to the
  323. terms and conditions hereof shall be effective as between the Parties
  324. unless it is made in writing and signed by their duly authorized
  325. representatives.
  326. 11.4 In the event that one or more of the provisions hereof were to
  327. conflict with a current or future applicable act or legislative text,
  328. said act or legislative text shall prevail, and the Parties shall make
  329. the necessary amendments so as to comply with said act or legislative
  330. text. All other provisions shall remain effective. Similarly, invalidity
  331. of a provision of the Agreement, for any reason whatsoever, shall not
  332. cause the Agreement as a whole to be invalid.
  333. 11.5 LANGUAGE
  334. The Agreement is drafted in both French and English and both versions
  335. are deemed authentic.
  336. Article 12 - NEW VERSIONS OF THE AGREEMENT
  337. 12.1 Any person is authorized to duplicate and distribute copies of this
  338. Agreement.
  339. 12.2 So as to ensure coherence, the wording of this Agreement is
  340. protected and may only be modified by the authors of the License, who
  341. reserve the right to periodically publish updates or new versions of the
  342. Agreement, each with a separate number. These subsequent versions may
  343. address new issues encountered by Free Software.
  344. 12.3 Any Software distributed under a given version of the Agreement may
  345. only be subsequently distributed under the same version of the Agreement
  346. or a subsequent version, subject to the provisions of Article 5.3.4.
  347. Article 13 - GOVERNING LAW AND JURISDICTION
  348. 13.1 The Agreement is governed by French law. The Parties agree to
  349. endeavor to seek an amicable solution to any disagreements or disputes
  350. that may arise during the performance of the Agreement.
  351. 13.2 Failing an amicable solution within two (2) months as from their
  352. occurrence, and unless emergency proceedings are necessary, the
  353. disagreements or disputes shall be referred to the Paris Courts having
  354. jurisdiction, by the more diligent Party.
  355. Version 2.0 dated 2006-09-05.