[License-review] License Committee Report - 2013-03-06

Patrick Moreau patrick.moreau at inria.fr
Mon Mar 11 19:33:39 UTC 2013


Hello
We recently have modified the article 5.3.4 to introduce compatibility 
also with EUPL license.
Consequently, the final text of the CeCILL license V2.1 is below.
We apologize for this last release.
Regards
Patrick


__________________________________________________________
___________________________________________________________


  CeCILLFREE SOFTWARE LICENSE AGREEMENT V2.1


    Notice

This Agreement is a Free Software license agreement that is the result 
of discussions between its authors in order to ensure compliance with 
the two main principles guiding its drafting:

  * firstly, compliance with the principles governing the distribution
    of Free Software: access to source code, broad rights granted to users,
  * secondly, the election of a governing law, French law, with which it
    is conformant, both as regards the law of torts and intellectual
    property law, and the protection that it offers to both authors and
    holders of the economic rights over software.

The authors of the CeCILL^1 <#footnote1> license are:

Commissariat àl'EnergieAtomiqueet auxénergiesalternatives- CEA, a public 
scientific, technical and industrial research establishment, having its 
principal place of business at 25 rue Leblanc,immeubleLePonantD, 75015 
Paris, France.

Centre National de laRechercheScientifique- CNRS, a public scientific 
and technological establishment, having its principal place of business 
at 3 rue Michel-Ange,75794Pariscedex16, France.

Institut National de Recherche en Informatique et en Automatique - 
INRIA, a 
publicscientificandtechnologicalestablishment,havingitsprincipal place 
of businessatDomaine deVoluceau, Rocquencourt, BP 105, 78153 Le Chesnay 
cedex, France.


    Preamble

The purpose of this Free Software license agreement is to grant users 
the right to modify and redistribute the software governed by this 
license within the framework of an open source distribution model.

The exercising of these rights is conditional upon certain obligations 
for users so as to preserve this status for all subsequent redistributions.

In consideration of access to the source code and the rights to copy, 
modify and redistribute granted by the license, users are provided only 
with a limited warranty and the software's author, the holder of the 
economic rights, and the successive licensors only have limited liability.

In this respect, the risks associated with loading, using, modifying 
and/or developing or reproducing the software by the user are brought to 
the user's attention, given its Free Software status, which may make it 
complicated to use, with the result that its use is reserved for 
developers and experienced professionals having in-depth computer 
knowledge. Users are therefore encouraged to load and test the 
suitability of the software as regards their requirements in conditions 
enabling the security of their systems and/or data to be ensured and, 
more generally, to use and operate it in the same conditions of 
security. This Agreement may be freely reproduced and published, 
provided it is not altered, and that no provisions are either added or 
removedherefrom.

This Agreement may apply to any or all software for which the holder of 
the economic rights decides to submit the use thereof to its provisions.

Frequently asked questions can be found on the official website of 
theCeCILLlicenses family (http://www.cecill.info/index.en.html). This 
FAQ is available for any necessary clarification.


    Article1- DEFINITIONS

For the purpose of this Agreement, when the following expressions 
commence with a capital letter, they shall have the following meaning:

Agreement: means this licenseagreement,and its possible subsequent 
versions and annexes.

Software: means the software in its Object Code and/or Source Code form 
and, where applicable, its documentation, "as is" when the Licensee 
accepts the Agreement.

Initial Software: means the Software in its Source Code and possibly its 
Object Code form and, where applicable, its documentation, "as is" when 
it is first distributed under the terms and conditions of the Agreement.

Modified Software: means the Software modified by at least one Contribution.

Source Code: means all the Software's instructions and program lines to 
which access is required so as to modify the Software.

Object Code: means the binary files originating from the compilation of 
the Source Code.

Holder: means the holder(s) of the economic rights over the Initial 
Software.

Licensee: means the Software user(s) having accepted the Agreement.

Contributor: means a Licensee having made at least one Contribution.

Licensor: means the Holder, or any other individual or legal entity, who 
distributes the Software under the Agreement.

Contribution: means any or all modifications, corrections, translations, 
adaptations and/or new functions integrated into the Software by any or 
all Contributors, as well as any or all Internal Modules.

Module: means a set of sources files including their documentation that 
enables supplementary functions or services in addition to those offered 
by the Software.

External Module: means any or all Modules, not derived from the 
Software, so that this Module and the Software run in separate address 
spaces, with one calling the other when they are run.

Internal Module: means any or all Module, connected to the Software so 
that they both execute in the same address space.

GNU GPL: means the GNU General Public License version 2 or any 
subsequent version, as published by the Free Software Foundation Inc.

*GNUAfferoGPL*: means the GNUAfferoGeneral Public License version 3 or 
any subsequent version, as published by the Free Software Foundation Inc.

*EUPL*: means theEuropean Union Public Licenseversion 1.1 or any 
subsequent version, as published bythe European Commission.

Parties: mean both the Licensee and the Licensor.

These expressions may be used both in singular and plural form.


    Article2- PURPOSE

The purpose of the Agreement is the grant by the Licensor to the 
Licensee of a non-exclusive, transferable and worldwide license for the 
Software as set forth in Article5 <#scope>hereinafter for the whole term 
of the protection granted by the rights over said Software.


    Article3- ACCEPTANCE

3.1The Licensee shall be deemed as having accepted the terms and 
conditions of this Agreement upon the occurrence of the first of the 
following events:

  * (i) loading the Software by any or all means, notably, by
    downloading from a remote server, or by loading from a physical medium;
  * (ii)thefirst time the Licensee exercises any of the rights granted
    hereunder.

3.2One copy of the Agreement, containing a notice relating to the 
characteristics of the Software, to the limited warranty, and to the 
fact that its use is restricted to experienced users has been provided 
to the Licensee prior to its acceptance as set forth in Article3.1 
<#accepting>hereinabove, and the Licensee hereby acknowledges that it 
has read and understood it.


    Article4- EFFECTIVE DATE AND TERM


      4.1EFFECTIVE DATE

The Agreement shall become effective on the date when it is accepted by 
the Licensee as set forth in Article3.1 <#accepting>.


      4.2TERM

The Agreement shall remain in force for the entire legal term of 
protection of the economic rights over the Software.


    Article5- SCOPE OF RIGHTS GRANTED

The Licensor hereby grants to the Licensee, who accepts, the following 
rights over the Software for any or all use, and for the term of the 
Agreement, on the basis of the terms and conditions set forth hereinafter.

Besides, if the Licensor owns or comes to own one or more patents 
protecting all or part of the functions of the Software or of its 
components, the Licensor undertakes not to enforce the rights granted by 
these patents against successive Licensees using, exploiting or 
modifying the Software. If these patents are transferred, the Licensor 
undertakes to have the transferees subscribe to the obligations set 
forth in this paragraph.


      5.1RIGHT OF USE

The Licensee is authorized to use the Software, without any limitation 
as to its fields of application, with it being hereinafter specified 
that this comprises:

1.permanentor temporary reproduction of all or part of the Software by 
any or all means and in any or all form.

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

3.entitlementto observe, study or test its operation so as to determine 
the ideas and principles behind any or all constituent elements of said 
Software. This shall apply when the Licensee carries out any or all 
loading, displaying, running, transmission or storage operation as 
regards theSoftware, thatit is entitled to carry out hereunder.


      5.2ENTITLEMENT TO MAKE CONTRIBUTIONS

The right to make Contributions includes the right to translate, adapt, 
arrange, or make any or all modifications to the Software, and the right 
to reproduce the resulting software.

The Licensee is authorized to make any or all Contributions to the 
Software provided that it includes an explicit notice that it is the 
author of said Contribution and indicates the date of the creation thereof.


      5.3RIGHT OF DISTRIBUTION

In particular, the right of distribution includes the right to publish, 
transmit and communicate the Software to the general public on any or 
all medium, and by any or all means, and the right to market, either in 
consideration of a fee, or free of charge, one or more copies of the 
Software by any means.

The Licensee is further authorized to distribute copies of the modified 
or unmodified Software to third parties according to the terms and 
conditions set forth hereinafter.


        5.3.1DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION

The Licensee is authorized to distribute true copies of the Software in 
Source Code or Object Code form, provided that said distribution 
complies with all the provisions of the Agreement and is accompanied by:

1.a copy of the Agreement,

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

and that, in the event that only the Object Code of the Software is 
redistributed, the Licensee allowseffective access to the full Source 
Code of the Softwarefor a period of at least three years from the 
distribution of the Software, it being understood that the additional 
acquisition cost of the Source Code shall not exceed the cost of the 
data transfer.


        5.3.2DISTRIBUTION OF MODIFIED SOFTWARE

When the Licensee makes a Contribution to the Software, the terms and 
conditions for the distribution of the resulting Modified Software 
become subject to all the provisions of this Agreement.

The Licensee is authorized to distribute the Modified Software, in 
source code or object code form, provided that said distribution 
complies with all the provisions of the Agreement and is accompanied by:

1.a copy of the Agreement,

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

and, in the event that only the Object Code of the Modified Software is 
redistributed,

3.anote stating the conditions of effective access to the full Source 
Code for a period of at least three years from the distribution of the 
Modified Software, it being understood that the additional acquisition 
cost of the Source Code shall not exceed the cost of the data transfer.


        5.3.3DISTRIBUTION OF EXTERNAL MODULES

When the Licensee has developed an External Module, the terms and 
conditions of this Agreement do not apply tosaidExternal Module, that 
may be distributed under a separate license agreement.


        5.3.4COMPATIBILITYWITHOTHER LICENSES

The Licensee can include a code that is subject to the provisions of one 
of the versions of the GNU GPL,and/or GNU Affero GPL and/or EUPL in the 
Modified or unmodified Software, and distribute that entire code under 
the terms of the same version of the GNU GPL,and/or GNU Affero GPL 
and/or EUPL.

The Licensee can include the Modified or unmodified Software in a code 
that is subject to the provisions of one of the versions of the GNU 
GPL,and/or GNU Affero GPL and/or EUPL, and distribute that entire code 
under the terms of the same version of the GNU GPL,and/or GNU Affero GPL 
and/or EUPL.


    Article6- INTELLECTUAL PROPERTY


      6.1OVER THE INITIAL SOFTWARE

The Holder owns the economic rights over the Initial Software. Any or 
all use of the Initial Software is subject to compliance with the terms 
and conditions under which the Holder has elected to distribute its work 
and no one shall be entitled to modify the terms and conditions for the 
distribution of said Initial Software.

The Holder undertakes that the Initial Software will remain ruled at 
least by this Agreement, for the duration set forth in Article4.2 <#term>.


      6.2OVER THE CONTRIBUTIONS

The Licensee who develops a Contribution is the owner of the 
intellectual property rights over this Contribution as defined by 
applicable law.


      6.3OVER THE EXTERNAL MODULES

The Licensee who develops an External Module is the owner of the 
intellectual property rights over this External Module as defined by 
applicable law and is free to choose the type of agreement that shall 
govern its distribution.


      6.4JOINT PROVISIONS

The Licensee expressly undertakes:

1.not to remove, or modify, in any manner, the intellectual property 
notices attached to the Software;

2.toreproduce said notices, in an identical manner, in the copies of the 
Software modified or not.

The Licensee undertakes not to directly or indirectly infringe the 
intellectual property rights on the Software of the Holder and/or 
Contributors  and to take, where applicable, vis-à-vis its staff, any 
and all measures required to ensure respect of said intellectual 
property rights of the Holder and/or Contributors.


    Article7- RELATED SERVICES

7.1Under no circumstances shall the Agreement oblige the Licensor to 
provide technical assistance or maintenance services for the Software.

However, the Licensor is entitled to offer this type of services. The 
terms and conditions of such technical assistance, and/or such 
maintenance, shall be set forth in a separate instrument. Only the 
Licensor offering said maintenance and/or technical assistance services 
shall incur liability therefor.

7.2Similarly, any Licensor is entitled to offer to its licensees, under 
its sole responsibility, a warranty, that shall only be binding upon 
itself, for the redistribution of the Software and/or the Modified 
Software, under terms and conditions that it is free to decide. Said 
warranty, and the financial terms and conditions of its application, 
shall be subject of a separate instrument executed between the Licensor 
and the Licensee.


    Article8- LIABILITY

8.1Subject to the provisions of Article 8.2, the Licensee shall be 
entitled to claim compensation for any direct loss it may have suffered 
from the Software as a result of a fault on the part of the relevant 
Licensor, subject to providing evidence thereof.

8.2The Licensor's liability is limited to the commitments made under 
this Agreement and shall not be incurred as a result of in particular: 
(i) loss due the Licensee's total or partial failure to fulfill its 
obligations, (ii) direct or consequential loss that is suffered by the 
Licensee due to the use or performance of the Software, and (iii) more 
generally, any consequential loss. In particular the Parties expressly 
agree that any or all pecuniary or business loss (i.e. loss of data, 
loss of profits, operating loss, loss of customers or orders, 
opportunity cost, any disturbance to business activities) or any or all 
legal proceedings instituted against the Licensee by a third party, 
shall constitute consequential loss and shall not provide entitlement to 
any or all compensation from the Licensor.


    Article9- WARRANTY

9.1The Licensee acknowledges that the scientific and technical 
state-of-the-art when the Software was distributed did not enable all 
possible uses to be tested and verified, nor for the presence of 
possible defects to be detected. In this respect, the Licensee's 
attention has been drawn to the risks associated with loading, using, 
modifying and/or developing and reproducing the Software 
whicharereserved for experienced users.

The Licensee shall be responsible for verifying, by any or all means, 
the suitability of the product for its requirements, its good working 
order, and for ensuring that it shall not cause damage to either persons 
or properties.

9.2The Licensor hereby represents, in good faith, that it is entitled to 
grant all the rights over the Software (including in particular the 
rights set forth in Article5 <#scope>).

9.3The Licensee acknowledges that the Software is supplied "as is" by 
the Licensor without any other express or tacit warranty, other than 
that provided for in Article9.2 <#good-faith>and, in particular, without 
any warranty as to its commercial value, its secured, safe, innovative 
or relevant nature.

Specifically, the Licensor does not warrant that the Software is free 
from any error, that it will operate without interruption, that itwill 
becompatible with the Licensee's own equipment and software 
configuration, nor that it will meet the Licensee's requirements.

9.4The Licensor does not either expressly or tacitly warrant that the 
Software does not infringe any third party intellectual property right 
relating to a patent, software or any other property right. Therefore, 
the Licensor disclaims any and all liability towards the Licensee 
arising out of any or all proceedings for infringement that may be 
instituted in respect of the use, modification and redistribution of the 
Software. Nevertheless, should such proceedings be instituted against 
the Licensee, the Licensor shall provide it with technical and legal 
expertise for its defense. Such technical and legal expertise shall be 
decided on a case-by-case basis between the relevant Licensor and the 
Licensee pursuant to a memorandum of understanding. The Licensor 
disclaims any and all liability as regards the Licensee's use of the 
name of the Software. No warranty is given as regards the existence of 
prior rights over the name of the Software or as regards the existence 
of a trademark.


    Article10- TERMINATION

10.1In the event of a breach by the Licensee of its obligations 
hereunder, the Licensor may automatically terminate this Agreement 
thirty (30) days after notice has been sent to the Licensee and has 
remained ineffective.

10.2A Licensee whose Agreement is terminated shall no longer be 
authorized to use, modify or distribute the Software. However, any 
licenses that it may have granted prior to termination of the Agreement 
shall remain valid subject to their having been granted in compliance 
with the terms and conditions hereof.


    Article11- MISCELLANEOUS


      11.1EXCUSABLE EVENTS

Neither Party shall be liable for any or all delay, or failure to 
perform the Agreement, that may be attributable to an event of force 
majeure, an act of God or an outside cause, such as defective 
functioning or interruptions of the electricity or telecommunications 
networks, network paralysis following a virus attack, intervention by 
government authorities, natural disasters, water damage, earthquakes, 
fire, explosions, strikes and labor unrest, war, etc.

11.2Any failure by either Party, on one or more occasions, to invoke one 
or more of the provisions hereof, shall under no circumstances be 
interpreted as being a waiver by the interested Party of its right to 
invoke said provision(s) subsequently.

11.3The Agreement cancels and replaces any or all previous agreements, 
whether written or oral, between the Parties and having the same 
purpose, and constitutes the entirety of the agreement between said 
Parties concerning said purpose. No supplement or modification to the 
terms and conditions hereof shall be effective as between the Parties 
unless it is made in writing and signed by their duly authorized 
representatives.

11.4In the event that one or more of the provisions hereof were to 
conflict with a current or future applicable act or legislative text, 
said act or legislative text shall prevail, and the Parties shall make 
the necessary amendments so as to comply with said act or legislative 
text. All other provisions shall remain effective. Similarly, invalidity 
of a provision of the Agreement, for any reason whatsoever, shall not 
cause the Agreement as a whole to be invalid.


      11.5LANGUAGE

The Agreement is drafted in both French and English and both versions 
are deemed authentic.


    Article12- NEW VERSIONS OF THE AGREEMENT

12.1Any person is authorized to duplicate and distribute copies of this 
Agreement.

12.2So as to ensure coherence, the wording of this Agreement is 
protected and may only be modified by the authors of the License, who 
reserve the right to periodically publish updates or new versions of the 
Agreement, each with a separate number. These subsequent versions may 
address new issues encountered by Free Software.

12.3Any Software distributed under a given version of the Agreement may 
only be subsequently distributed under the same version of the Agreement 
or a subsequent version, subject to the provisions of Article5.3.4 
<#compatibility>.


    Article13- GOVERNING LAW AND JURISDICTION

13.1The Agreement is governed by French law. The Parties agree to 
endeavor to seek an amicable solution to any disagreements or disputes 
that may arise during the performance of the Agreement.

13.2Failing an amicable solution within two (2) months as from their 
occurrence, and unless emergency proceedings are necessary, the 
disagreements or disputes shall be referred to the Paris Courts having 
jurisdiction, by the more diligent Party.

1CeCILLstands forCe(a) C(nrs) I(nria) L(ogiciel) L(ibre)

/Version 2.1dated2012-02-13./





____________________________________
*Patrick Moreau*
Tel : +33 (0)1 39 63 78 40
Mob: +33 (0)6 77 84 58 15
E-mail: patrick.moreau at inria.fr

Le 07/03/2013 07:45, Luis Villa a écrit :
> [After an absence of some time, the board has asked me to resurrect
> the formal license committee reports. This is the first one. Comments
> and suggestions on format, content, etc. are welcome.]
>
> This email is my report for licenses currently submitted to the OSI.
> If anybody disagrees with my assessment of the list's comments or
> conclusions, please say so within the next week.
>
> CeCILL 2.1
> ========
>
> Submission: http://projects.opensource.org/pipermail/license-review/2012-May/000414.html
>
> Comments: Several clarifying questions were asked, indicating the
> license had been read, but no list members challenged the OSD
> compliance of the license itself.
>
> Recommend: Approval
>
> Thanks-
> Luis
> _______________________________________________
> License-review mailing list
> License-review at opensource.org
> http://projects.opensource.org/cgi-bin/mailman/listinfo/license-review

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