This package was debianized by Sam Hocevar on Tue, 12 Jul 2005 22:20:16 +0300 . It was downloaded from http://cimg.sourceforge.net/ Upstream Author: David Tschumperlé Copyright (c) 2004 David Tschumperlé * * CeCILL FREE SOFTWARE LICENSE AGREEMENT * * * 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 (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre]) * license are: * * Commissariat à l'Energie Atomique - CEA, a public scientific, technical * and industrial establishment, having its principal place of business at * 31-33 rue de la Fédération, 75752 Paris cedex 15, France. * * Centre National de la Recherche Scientifique - CNRS, a public scientific * and technological establishment, having its principal place of business * at 3 rue Michel-Ange 75794 Paris cedex 16, France. * * Institut National de Recherche en Informatique et en Automatique - * INRIA, a public scientific and technological establishment, having its * principal place of business at Domaine de Voluceau, 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 * Software's suitability 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 * removed herefrom. * * 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. * * * Article 1 - 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 license agreement, 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. * * Parties: mean both the Licensee and the Licensor. * * These expressions may be used both in singular and plural form. * * * Article 2 - 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 Article 5 hereinafter for the whole term of the * protection granted by the rights over said Software. * * * Article 3 - ACCEPTANCE * * 3.1 The 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) the first time the Licensee exercises any of the rights * granted hereunder. * * 3.2 One 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 Article 3.1 * hereinabove, and the Licensee hereby acknowledges that it has read and * understood it. * * * Article 4 - EFFECTIVE DATE AND TERM * * * 4.1 EFFECTIVE DATE * * The Agreement shall become effective on the date when it is accepted by * the Licensee as set forth in Article 3.1. * * * 4.2 TERM * * The Agreement shall remain in force for the entire legal term of * protection of the economic rights over the Software. * * * Article 5 - 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. * * * 5.1 RIGHT 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. permanent or 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. entitlement to 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 the Software, that it is entitled * to carry out hereunder. * * * 5.2 ENTITLEMENT 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. * * * 5.3 RIGHT 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. * * * 5.3.1 DISTRIBUTION 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 allows future Licensees unhindered access to * the full Source Code of the Software by indicating how to access it, it * being understood that the additional cost of acquiring the Source Code * shall not exceed the cost of transferring the data. * * * 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE * * When the Licensee makes a Contribution to the Software, the terms and * conditions for the distribution of the 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 that, in the event that only the Object Code of the Modified * Software is redistributed, the Licensee allows future Licensees * unhindered access to the full Source Code of the Modified Software by * indicating how to access it, it being understood that the additional * cost of acquiring the Source Code shall not exceed the cost of * transferring the data. * * * 5.3.3 DISTRIBUTION OF EXTERNAL MODULES * * When the Licensee has developed an External Module, the terms and * conditions of this Agreement do not apply to said External Module, that * may be distributed under a separate license agreement. * * * 5.3.4 COMPATIBILITY WITH THE GNU GPL * * The Licensee can include a code that is subject to the provisions of one * of the versions of the GNU GPL in the Modified or unmodified Software, * and distribute that entire code under the terms of the same version of * the GNU GPL. * * 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 distribute that entire code under the terms of the same version of * the GNU GPL. * * * Article 6 - INTELLECTUAL PROPERTY * * * 6.1 OVER 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 the current license, for the duration set forth in article 4.2. * * * 6.2 OVER THE CONTRIBUTIONS * * A Licensee who develops a Contribution is the owner of the intellectual * property rights over this Contribution as defined by applicable law. * * * 6.3 OVER THE EXTERNAL MODULES * * A 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. * * * 6.4 JOINT PROVISIONS * * The Licensee expressly undertakes: * * 1. not to remove, or modify, in any manner, the intellectual property * notices attached to the Software; * * 2. to reproduce 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 of the Holder and/or Contributors on the * Software 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. * * * Article 7 - RELATED SERVICES * * 7.1 Under 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. * * 7.2 Similarly, 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. * * * Article 8 - LIABILITY * * 8.1 Subject 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. * * 8.2 The 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. * * * Article 9 - WARRANTY * * 9.1 The 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 which are * reserved for experienced users. * * The Licensee shall be responsible for verifying, by any or all means, * the product's suitability for its requirements, its good working order, * and for ensuring that it shall not cause damage to either persons or * properties. * * 9.2 The 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 Article 5). * * 9.3 The 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 Article 9.2 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 it will * be compatible with the Licensee's own equipment and software * configuration, nor that it will meet the Licensee's requirements. * * 9.4 The 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 * assistance for its defense. Such technical and legal assistance 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. * * * Article 10 - TERMINATION * * 10.1 In 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. * * 10.2 A 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. * * * Article 11 - MISCELLANEOUS * * * 11.1 EXCUSABLE 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. * * 11.2 Any 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. * * 11.3 The 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. * * 11.4 In 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. * * * 11.5 LANGUAGE * * The Agreement is drafted in both French and English and both versions * are deemed authentic. * * * Article 12 - NEW VERSIONS OF THE AGREEMENT * * 12.1 Any person is authorized to duplicate and distribute copies of this * Agreement. * * 12.2 So 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. * * 12.3 Any 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 Article 5.3.4. * * * Article 13 - GOVERNING LAW AND JURISDICTION * * 13.1 The 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. * * 13.2 Failing 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. * * * Version 2.0 dated 2005-05-21. On Debian GNU/Linux systems, the text of the GNU General Public License can be found in `/usr/share/common-licenses/GPL'.