Format: http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
Upstream-Name: SpringLobby
Upstream-Contact:
irc: #springlobby @ Freenode or #springlobby in Springlobby on the default
lobby server
Source: http://springlobby.info
Files: *
Copyright: 2007-2014, The SpringLobby Team
2000-2011, Robert van Engelen, Genivia Inc
2007,2008, Simon Josefsson <simon@josefsson.org>
2007, Luis Mondesi <lemsx1@gmail.com>
License: GPL-2+
Comment:
See also the AUTHORS file and http://springlobby.info for people who
contributed to SpringLobby.
Files: cmake/FindAlure.cmake
doc/UseDoxygen.cmake
src/lsl/doc/UseDoxygen.cmake
Copyright: 2004-2009, Kitware, Inc.
2007-2009, Miguel A. Figueroa-Villanueva <miguelf at ieee dot org>
2011, Laszlo Papp <djszapi@archlinux.us>
License: BSD-3-clause
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
.
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
.
3. Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Files: src/lsl/src/lslutils/debug.h
src/lsl/src/lslutils/net.h
src/lsl/src/lslutils/crc.h
src/lsl/src/lslunitsync/loader.h
src/lsl/src/lsl/spring/springprocess.h
src/lsl/src/lsl/channel.h
src/lsl/src/lsl/battle/singleplayer.h
src/lsl/src/lsl/battle/offline.h
src/lsl/src/lsl/battle/signals.h
src/lsl/src/lsl/container/battlelist.h
src/lsl/src/lsl/container/channellist.h
src/lsl/src/lsl/container/userlist.h
src/lsl/test/usync.cpp
src/lsl/test/swig.cpp
Copyright: 2012, The libSpringLobby team
License: BSD-2-clause
Files: src/downloader/lib/src/lib/7z/*
Copyright: Igor Pavlov
License: public-domain
These files were placed into the Public Domain.
Files: src/downloader/lib/src/lib/bencode/*
Copyright: Mike Frysinger, <vapier@gmail.com>
Gilles Chanteperdrix, <gilles.chanteperdrix@xenomai.org>
License: public-domain
These files were placed into the Public Domain.
Files: src/downloader/lib/src/lib/md5/md5.*
Copyright: 1990, RSA Data Security, Inc. All rights reserved.
License: md5-license
** Copyright (C) 1990, RSA Data Security, Inc. All rights reserved. **
** **
** License to copy and use this software is granted provided that **
** it is identified as the "RSA Data Security, Inc. MD5 Message **
** Digest Algorithm" in all material mentioning or referencing this **
** software or this function. **
** **
** License is also granted to make and use derivative works **
** provided that such works are identified as "derived from the RSA **
** Data Security, Inc. MD5 Message Digest Algorithm" in all **
** material mentioning or referencing the derived work. **
** **
** RSA Data Security, Inc. makes no representations concerning **
** either the merchantability of this software or the suitability **
** of this software for any particular purpose. It is provided "as **
** is" without express or implied warranty of any kind. **
** **
** These notices must be retained in any copies of any part of this **
** documentation and/or software. **
**********************************************************************
*/
Files: src/downloader/lib/src/lib/sha1/sha1.*
Copyright: 1998, 2009, Paul E. Jones <paulej@packetizer.com>
License: sha1-license
Pau,
.
That is a little odd to claim it can't be modified. The whole point of
making it free is so that developers can do anything they want with it.
Somebody is adding more to what free means than what free means.
.
The code is totally free, with no restrictions on it whatsoever. There are
no fees, no requirements to provide changes back to me, etc., and of course
people can modify it. It would not be free if they couldn't. (And many
people have. It's used in lots of projects, some free and some commercial.)
.
I inserted the "Freeware Public License" line to poke fun at the GNU Public
License, which really is encumbered by silly restrictions. My code has
absolutely no restrictions whatsoever.
.
You are hereby authorized to make any change you want to the license file
or even adapt it as you see fit to address your own concerns. When I say it
is free, I mean it really is free :-)
.
Paul
Comment:
See also https://bugs.debian.org/730758 for the clarification of Paul E. Jones.
Files: src/downloader/lib/src/lib/xmlrpc++/src/*
Copyright: 2002-2003, Chris Morley
Konstantin Pilipchuk
License: LGPL-2.1+
Files: src/gui/snarl/*
Copyright: Toke Noer Nøttrup
Original C++ version by "Whitman"
License: Snarl-license
This software in source and compiled form is provided AS IS, with no warranty.
We make no guarantees about the quality of the product and take no
responsibility for any damage or malfunction of hardware or software which
uses this product.
.
This software is FREE and you can use it in any way you see fit, as long as
you do not hold the authors responsible for any malfunction or failure. Please
leave this license with the source files.
Files: src/gui/spinctl/*
src/springsettings/wxkeybinder/*
src/json/*
Copyright: Vadim Zeitlin
Luciano Cattani
Aleksandras Gluchovas
Francesco Montorsi
License: wxWidgets-license
Files: src/lsl/lib/boost/*
Copyright: 2008, Jeremy Pack
License: BSL-1.0
Files: src/springsettings/wxkeybinder/wxKeyMonitorTextCtrl.*
Copyright: The Springlobby Team
License: GPL-2+
Files: src/lsl/lib/cimg/*
Copyright: David Tschumperle http://www.greyc.ensicaen.fr/~dtschump/
License: CeCILL-v2.0
Files: src/utils/md5.*
src/lsl/src/lslutils/md5.*
src/downloader/lib/src/lib/minizip/zip.h
src/downloader/lib/src/lib/minizip/unzip.h
src/utils/base64.*
Copyright: 1999,2000,2002 Aladdin Enterprises
1998-2005, Gilles Vollant
2004-2008, René Nyffenegger
License: zlib/libpng
Files: debian/*
Copyright: 2009, Marco Amadori
2010-2013, Jan Dittberner
2014, Markus Koschany <apo@gambaru.de>
License: GPL-2+
License: GPL-2+
On Debian systems, the complete text of the GNU General
Public License version 2 can be found in `/usr/share/common-licenses/GPL-2'.
License: LGPL-2.1+
On Debian systems, the complete text of the GNU Lesser General
Public License version 2.1 can be found in `/usr/share/common-licenses/LGPL-2.1'.
License: BSD-2-clause
Copyright 2012 by The libSpringLobby team. All rights reserved.
.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
.
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT
HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
License: zlib/libpng
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
.
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
License: wxWidgets-license
wxWindows Library Licence, Version 3.1
======================================
.
Copyright (c) 1998-2005 Julian Smart, Robert Roebling et al
.
Everyone is permitted to copy and distribute verbatim copies
of this licence document, but changing it is not allowed.
.
WXWINDOWS LIBRARY LICENCE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
.
This library is free software; you can redistribute it and/or modify it
under the terms of the GNU Library General Public Licence as published by
the Free Software Foundation; either version 2 of the Licence, or (at your
option) any later version.
.
This library is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or
FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library General Public
Licence for more details.
.
You should have received a copy of the GNU Library General Public Licence
along with this software, usually in a file named COPYING.LIB. If not,
write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth
Floor, Boston, MA 02110-1301 USA.
.
EXCEPTION NOTICE
.
1. As a special exception, the copyright holders of this library give
permission for additional uses of the text contained in this release of the
library as licenced under the wxWindows Library Licence, applying either
version 3.1 of the Licence, or (at your option) any later version of the
Licence as published by the copyright holders of version 3.1 of the Licence
document.
.
2. The exception is that you may use, copy, link, modify and distribute
under your own terms, binary object code versions of works based on the
Library.
.
3. If you copy code from files distributed under the terms of the GNU
General Public Licence or the GNU Library General Public Licence into a
copy of this library, as this licence permits, the exception does not apply
to the code that you add in this way. To avoid misleading anyone as to the
status of such modified files, you must delete this exception notice from
such code and/or adjust the licensing conditions notice accordingly.
.
4. If you write modifications of your own for this library, it is your
choice whether to permit this exception to apply to your modifications. If
you do not wish that, you must delete the exception notice from such code
and/or adjust the licensing conditions notice accordingly.
Comment:
The wxWidgets license is identical to the wxWindows license.
License: BSL-1.0
Boost Software License - Version 1.0 - August 17th, 2003
.
Permission is hereby granted, free of charge, to any person or organization
obtaining a copy of the software and accompanying documentation covered by
this license (the "Software") to use, reproduce, display, distribute,
execute, and transmit the Software, and to prepare derivative works of the
Software, and to permit third-parties to whom the Software is furnished to
do so, all subject to the following:
.
The copyright notices in the Software and this entire statement, including
the above license grant, this restriction and the following disclaimer,
must be included in all copies of the Software, in whole or in part, and
all derivative works of the Software, unless such copies or derivative
works are solely in the form of machine-executable object code generated by
a source language processor.
.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE
FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
License: CeCILL-v2.0
.
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 research establishment, having its principal place of
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological research 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 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 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 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 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 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.
.
9.2 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.
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Article 10 - TERMINATION
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10.1 In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement
thirty (30) days after notice has been sent to the Licensee and has
remained ineffective.
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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.
.
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Article 11 - MISCELLANEOUS
.
.
11.1 EXCUSABLE EVENTS
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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.
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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.
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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.
.
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11.5 LANGUAGE
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The Agreement is drafted in both French and English and both versions
are deemed authentic.
.
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Article 12 - NEW VERSIONS OF THE AGREEMENT
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12.1 Any person is authorized to duplicate and distribute copies of this
Agreement.
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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.
.
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Article 13 - GOVERNING LAW AND JURISDICTION
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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.
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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.