A library that computes the ephemerides.
25개 이상의 토픽을 선택하실 수 없습니다. Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
 
 

518 lines
21 KiB

  1. CeCILL-C 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-C (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
  14. license are:
  15. Commissariat � 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 re-use the software governed by this license.
  28. The exercising of this right is conditional upon the obligation to make
  29. available to the community the modifications made to the source code of
  30. the software so as to contribute to its evolution.
  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. Integrated 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 Integrated
  70. Contribution.
  71. Licensor: means the Holder, or any other individual or legal entity, who
  72. distributes the Software under the Agreement.
  73. Integrated Contribution: means any or all modifications, corrections,
  74. translations, adaptations and/or new functions integrated into the
  75. Source Code by any or all Contributors.
  76. Related Module: means a set of sources files including their
  77. documentation that, without modification to the Source Code, enables
  78. supplementary functions or services in addition to those offered by the
  79. Software.
  80. Derivative Software: means any combination of the Software, modified or
  81. not, and of a Related Module.
  82. Parties: mean both the Licensee and the Licensor.
  83. These expressions may be used both in singular and plural form.
  84. Article 2 - PURPOSE
  85. The purpose of the Agreement is the grant by the Licensor to the
  86. Licensee of a non-exclusive, transferable and worldwide license for the
  87. Software as set forth in Article 5 hereinafter for the whole term of the
  88. protection granted by the rights over said Software.
  89. Article 3 - ACCEPTANCE
  90. 3.1 The Licensee shall be deemed as having accepted the terms and
  91. conditions of this Agreement upon the occurrence of the first of the
  92. following events:
  93. * (i) loading the Software by any or all means, notably, by
  94. downloading from a remote server, or by loading from a physical
  95. medium;
  96. * (ii) the first time the Licensee exercises any of the rights
  97. granted hereunder.
  98. 3.2 One copy of the Agreement, containing a notice relating to the
  99. characteristics of the Software, to the limited warranty, and to the
  100. fact that its use is restricted to experienced users has been provided
  101. to the Licensee prior to its acceptance as set forth in Article 3.1
  102. hereinabove, and the Licensee hereby acknowledges that it has read and
  103. understood it.
  104. Article 4 - EFFECTIVE DATE AND TERM
  105. 4.1 EFFECTIVE DATE
  106. The Agreement shall become effective on the date when it is accepted by
  107. the Licensee as set forth in Article 3.1.
  108. 4.2 TERM
  109. The Agreement shall remain in force for the entire legal term of
  110. protection of the economic rights over the Software.
  111. Article 5 - SCOPE OF RIGHTS GRANTED
  112. The Licensor hereby grants to the Licensee, who accepts, the following
  113. rights over the Software for any or all use, and for the term of the
  114. Agreement, on the basis of the terms and conditions set forth hereinafter.
  115. Besides, if the Licensor owns or comes to own one or more patents
  116. protecting all or part of the functions of the Software or of its
  117. components, the Licensor undertakes not to enforce the rights granted by
  118. these patents against successive Licensees using, exploiting or
  119. modifying the Software. If these patents are transferred, the Licensor
  120. undertakes to have the transferees subscribe to the obligations set
  121. forth in this paragraph.
  122. 5.1 RIGHT OF USE
  123. The Licensee is authorized to use the Software, without any limitation
  124. as to its fields of application, with it being hereinafter specified
  125. that this comprises:
  126. 1. permanent or temporary reproduction of all or part of the Software
  127. by any or all means and in any or all form.
  128. 2. loading, displaying, running, or storing the Software on any or
  129. all medium.
  130. 3. entitlement to observe, study or test its operation so as to
  131. determine the ideas and principles behind any or all constituent
  132. elements of said Software. This shall apply when the Licensee
  133. carries out any or all loading, displaying, running, transmission
  134. or storage operation as regards the Software, that it is entitled
  135. to carry out hereunder.
  136. 5.2 RIGHT OF MODIFICATION
  137. The right of modification includes the right to translate, adapt,
  138. arrange, or make any or all modifications to the Software, and the right
  139. to reproduce the resulting software. It includes, in particular, the
  140. right to create a Derivative Software.
  141. The Licensee is authorized to make any or all modification to the
  142. Software provided that it includes an explicit notice that it is the
  143. author of said modification and indicates the date of the creation thereof.
  144. 5.3 RIGHT OF DISTRIBUTION
  145. In particular, the right of distribution includes the right to publish,
  146. transmit and communicate the Software to the general public on any or
  147. all medium, and by any or all means, and the right to market, either in
  148. consideration of a fee, or free of charge, one or more copies of the
  149. Software by any means.
  150. The Licensee is further authorized to distribute copies of the modified
  151. or unmodified Software to third parties according to the terms and
  152. conditions set forth hereinafter.
  153. 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
  154. The Licensee is authorized to distribute true copies of the Software in
  155. Source Code or Object Code form, provided that said distribution
  156. complies with all the provisions of the Agreement and is accompanied by:
  157. 1. a copy of the Agreement,
  158. 2. a notice relating to the limitation of both the Licensor's
  159. warranty and liability as set forth in Articles 8 and 9,
  160. and that, in the event that only the Object Code of the Software is
  161. redistributed, the Licensee allows effective access to the full Source
  162. Code of the Software at a minimum during the entire period of its
  163. distribution of the Software, it being understood that the additional
  164. cost of acquiring the Source Code shall not exceed the cost of
  165. transferring the data.
  166. 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
  167. When the Licensee makes an Integrated Contribution to the Software, the
  168. terms and conditions for the distribution of the resulting Modified
  169. Software become subject to all the provisions of this Agreement.
  170. The Licensee is authorized to distribute the Modified Software, in
  171. source code or object code form, provided that said distribution
  172. complies with all the provisions of the Agreement and is accompanied by:
  173. 1. a copy of the Agreement,
  174. 2. a notice relating to the limitation of both the Licensor's
  175. warranty and liability as set forth in Articles 8 and 9,
  176. and that, in the event that only the object code of the Modified
  177. Software is redistributed, the Licensee allows effective access to the
  178. full source code of the Modified Software at a minimum during the entire
  179. period of its distribution of the Modified Software, it being understood
  180. that the additional cost of acquiring the source code shall not exceed
  181. the cost of transferring the data.
  182. 5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE
  183. When the Licensee creates Derivative Software, this Derivative Software
  184. may be distributed under a license agreement other than this Agreement,
  185. subject to compliance with the requirement to include a notice
  186. concerning the rights over the Software as defined in Article 6.4.
  187. In the event the creation of the Derivative Software required modification
  188. of the Source Code, the Licensee undertakes that:
  189. 1. the resulting Modified Software will be governed by this Agreement,
  190. 2. the Integrated Contributions in the resulting Modified Software
  191. will be clearly identified and documented,
  192. 3. the Licensee will allow effective access to the source code of the
  193. Modified Software, at a minimum during the entire period of
  194. distribution of the Derivative Software, such that such
  195. modifications may be carried over in a subsequent version of the
  196. Software; it being understood that the additional cost of
  197. purchasing the source code of the Modified Software shall not
  198. exceed the cost of transferring the data.
  199. 5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE
  200. When a Modified Software contains an Integrated Contribution subject to
  201. the CeCILL license agreement, or when a Derivative Software contains a
  202. Related Module subject to the CeCILL license agreement, the provisions
  203. set forth in the third item of Article 6.4 are optional.
  204. Article 6 - INTELLECTUAL PROPERTY
  205. 6.1 OVER THE INITIAL SOFTWARE
  206. The Holder owns the economic rights over the Initial Software. Any or
  207. all use of the Initial Software is subject to compliance with the terms
  208. and conditions under which the Holder has elected to distribute its work
  209. and no one shall be entitled to modify the terms and conditions for the
  210. distribution of said Initial Software.
  211. The Holder undertakes that the Initial Software will remain ruled at
  212. least by this Agreement, for the duration set forth in Article 4.2.
  213. 6.2 OVER THE INTEGRATED CONTRIBUTIONS
  214. The Licensee who develops an Integrated Contribution is the owner of the
  215. intellectual property rights over this Contribution as defined by
  216. applicable law.
  217. 6.3 OVER THE RELATED MODULES
  218. The Licensee who develops a Related Module is the owner of the
  219. intellectual property rights over this Related Module as defined by
  220. applicable law and is free to choose the type of agreement that shall
  221. govern its distribution under the conditions defined in Article 5.3.3.
  222. 6.4 NOTICE OF RIGHTS
  223. The Licensee expressly undertakes:
  224. 1. not to remove, or modify, in any manner, the intellectual property
  225. notices attached to the Software;
  226. 2. to reproduce said notices, in an identical manner, in the copies
  227. of the Software modified or not;
  228. 3. to ensure that use of the Software, its intellectual property
  229. notices and the fact that it is governed by the Agreement is
  230. indicated in a text that is easily accessible, specifically from
  231. the interface of any Derivative Software.
  232. The Licensee undertakes not to directly or indirectly infringe the
  233. intellectual property rights of the Holder and/or Contributors on the
  234. Software and to take, where applicable, vis-�-vis its staff, any and all
  235. measures required to ensure respect of said intellectual property rights
  236. of the Holder and/or Contributors.
  237. Article 7 - RELATED SERVICES
  238. 7.1 Under no circumstances shall the Agreement oblige the Licensor to
  239. provide technical assistance or maintenance services for the Software.
  240. However, the Licensor is entitled to offer this type of services. The
  241. terms and conditions of such technical assistance, and/or such
  242. maintenance, shall be set forth in a separate instrument. Only the
  243. Licensor offering said maintenance and/or technical assistance services
  244. shall incur liability therefor.
  245. 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
  246. its sole responsibility, a warranty, that shall only be binding upon
  247. itself, for the redistribution of the Software and/or the Modified
  248. Software, under terms and conditions that it is free to decide. Said
  249. warranty, and the financial terms and conditions of its application,
  250. shall be subject of a separate instrument executed between the Licensor
  251. and the Licensee.
  252. Article 8 - LIABILITY
  253. 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
  254. entitled to claim compensation for any direct loss it may have suffered
  255. from the Software as a result of a fault on the part of the relevant
  256. Licensor, subject to providing evidence thereof.
  257. 8.2 The Licensor's liability is limited to the commitments made under
  258. this Agreement and shall not be incurred as a result of in particular:
  259. (i) loss due the Licensee's total or partial failure to fulfill its
  260. obligations, (ii) direct or consequential loss that is suffered by the
  261. Licensee due to the use or performance of the Software, and (iii) more
  262. generally, any consequential loss. In particular the Parties expressly
  263. agree that any or all pecuniary or business loss (i.e. loss of data,
  264. loss of profits, operating loss, loss of customers or orders,
  265. opportunity cost, any disturbance to business activities) or any or all
  266. legal proceedings instituted against the Licensee by a third party,
  267. shall constitute consequential loss and shall not provide entitlement to
  268. any or all compensation from the Licensor.
  269. Article 9 - WARRANTY
  270. 9.1 The Licensee acknowledges that the scientific and technical
  271. state-of-the-art when the Software was distributed did not enable all
  272. possible uses to be tested and verified, nor for the presence of
  273. possible defects to be detected. In this respect, the Licensee's
  274. attention has been drawn to the risks associated with loading, using,
  275. modifying and/or developing and reproducing the Software which are
  276. reserved for experienced users.
  277. The Licensee shall be responsible for verifying, by any or all means,
  278. the suitability of the product for its requirements, its good working
  279. order, and for ensuring that it shall not cause damage to either persons
  280. or properties.
  281. 9.2 The Licensor hereby represents, in good faith, that it is entitled
  282. to grant all the rights over the Software (including in particular the
  283. rights set forth in Article 5).
  284. 9.3 The Licensee acknowledges that the Software is supplied "as is" by
  285. the Licensor without any other express or tacit warranty, other than
  286. that provided for in Article 9.2 and, in particular, without any warranty
  287. as to its commercial value, its secured, safe, innovative or relevant
  288. nature.
  289. Specifically, the Licensor does not warrant that the Software is free
  290. from any error, that it will operate without interruption, that it will
  291. be compatible with the Licensee's own equipment and software
  292. configuration, nor that it will meet the Licensee's requirements.
  293. 9.4 The Licensor does not either expressly or tacitly warrant that the
  294. Software does not infringe any third party intellectual property right
  295. relating to a patent, software or any other property right. Therefore,
  296. the Licensor disclaims any and all liability towards the Licensee
  297. arising out of any or all proceedings for infringement that may be
  298. instituted in respect of the use, modification and redistribution of the
  299. Software. Nevertheless, should such proceedings be instituted against
  300. the Licensee, the Licensor shall provide it with technical and legal
  301. assistance for its defense. Such technical and legal assistance shall be
  302. decided on a case-by-case basis between the relevant Licensor and the
  303. Licensee pursuant to a memorandum of understanding. The Licensor
  304. disclaims any and all liability as regards the Licensee's use of the
  305. name of the Software. No warranty is given as regards the existence of
  306. prior rights over the name of the Software or as regards the existence
  307. of a trademark.
  308. Article 10 - TERMINATION
  309. 10.1 In the event of a breach by the Licensee of its obligations
  310. hereunder, the Licensor may automatically terminate this Agreement
  311. thirty (30) days after notice has been sent to the Licensee and has
  312. remained ineffective.
  313. 10.2 A Licensee whose Agreement is terminated shall no longer be
  314. authorized to use, modify or distribute the Software. However, any
  315. licenses that it may have granted prior to termination of the Agreement
  316. shall remain valid subject to their having been granted in compliance
  317. with the terms and conditions hereof.
  318. Article 11 - MISCELLANEOUS
  319. 11.1 EXCUSABLE EVENTS
  320. Neither Party shall be liable for any or all delay, or failure to
  321. perform the Agreement, that may be attributable to an event of force
  322. majeure, an act of God or an outside cause, such as defective
  323. functioning or interruptions of the electricity or telecommunications
  324. networks, network paralysis following a virus attack, intervention by
  325. government authorities, natural disasters, water damage, earthquakes,
  326. fire, explosions, strikes and labor unrest, war, etc.
  327. 11.2 Any failure by either Party, on one or more occasions, to invoke
  328. one or more of the provisions hereof, shall under no circumstances be
  329. interpreted as being a waiver by the interested Party of its right to
  330. invoke said provision(s) subsequently.
  331. 11.3 The Agreement cancels and replaces any or all previous agreements,
  332. whether written or oral, between the Parties and having the same
  333. purpose, and constitutes the entirety of the agreement between said
  334. Parties concerning said purpose. No supplement or modification to the
  335. terms and conditions hereof shall be effective as between the Parties
  336. unless it is made in writing and signed by their duly authorized
  337. representatives.
  338. 11.4 In the event that one or more of the provisions hereof were to
  339. conflict with a current or future applicable act or legislative text,
  340. said act or legislative text shall prevail, and the Parties shall make
  341. the necessary amendments so as to comply with said act or legislative
  342. text. All other provisions shall remain effective. Similarly, invalidity
  343. of a provision of the Agreement, for any reason whatsoever, shall not
  344. cause the Agreement as a whole to be invalid.
  345. 11.5 LANGUAGE
  346. The Agreement is drafted in both French and English and both versions
  347. are deemed authentic.
  348. Article 12 - NEW VERSIONS OF THE AGREEMENT
  349. 12.1 Any person is authorized to duplicate and distribute copies of this
  350. Agreement.
  351. 12.2 So as to ensure coherence, the wording of this Agreement is
  352. protected and may only be modified by the authors of the License, who
  353. reserve the right to periodically publish updates or new versions of the
  354. Agreement, each with a separate number. These subsequent versions may
  355. address new issues encountered by Free Software.
  356. 12.3 Any Software distributed under a given version of the Agreement may
  357. only be subsequently distributed under the same version of the Agreement
  358. or a subsequent version.
  359. Article 13 - GOVERNING LAW AND JURISDICTION
  360. 13.1 The Agreement is governed by French law. The Parties agree to
  361. endeavor to seek an amicable solution to any disagreements or disputes
  362. that may arise during the performance of the Agreement.
  363. 13.2 Failing an amicable solution within two (2) months as from their
  364. occurrence, and unless emergency proceedings are necessary, the
  365. disagreements or disputes shall be referred to the Paris Courts having
  366. jurisdiction, by the more diligent Party.
  367. Version 1.0 dated 2006-09-05.