1 # ---------------------------------------------------------------------
3 # Copyright (c) CREATIS (Centre de Recherche en Acquisition et Traitement de l'Image
5 # Authors : Eduardo Davila, Frederic Cervenansky, Claire Mouton
6 # Previous Authors : Laurent Guigues, Jean-Pierre Roux
7 # CreaTools website : www.creatis.insa-lyon.fr/site/fr/creatools_accueil
9 # This software is governed by the CeCILL-B license under French law and
10 # abiding by the rules of distribution of free software. You can use,
11 # modify and/ or redistribute the software under the terms of the CeCILL-B
12 # license as circulated by CEA, CNRS and INRIA at the following URL
13 # http://www.cecill.info/licences/Licence_CeCILL-B_V1-en.html
14 # or in the file LICENSE.txt.
16 # As a counterpart to the access to the source code and rights to copy,
17 # modify and redistribute granted by the license, users are provided only
18 # with a limited warranty and the software's author, the holder of the
19 # economic rights, and the successive licensors have only limited
22 # The fact that you are presently reading this means that you have had
23 # knowledge of the CeCILL-B license and that you accept its terms.
24 # ------------------------------------------------------------------------ */
27 CeCILL-B FREE SOFTWARE LICENSE AGREEMENT
32 This Agreement is a Free Software license agreement that is the result
33 of discussions between its authors in order to ensure compliance with
34 the two main principles guiding its drafting:
36 * firstly, compliance with the principles governing the distribution
37 of Free Software: access to source code, broad rights granted to
39 * secondly, the election of a governing law, French law, with which
40 it is conformant, both as regards the law of torts and
41 intellectual property law, and the protection that it offers to
42 both authors and holders of the economic rights over software.
44 The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
47 Commissariat à l'Energie Atomique - CEA, a public scientific, technical
48 and industrial research establishment, having its principal place of
49 business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
51 Centre National de la Recherche Scientifique - CNRS, a public scientific
52 and technological establishment, having its principal place of business
53 at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
55 Institut National de Recherche en Informatique et en Automatique -
56 INRIA, a public scientific and technological establishment, having its
57 principal place of business at Domaine de Voluceau, Rocquencourt, BP
58 105, 78153 Le Chesnay cedex, France.
63 This Agreement is an open source software license intended to give users
64 significant freedom to modify and redistribute the software licensed
67 The exercising of this freedom is conditional upon a strong obligation
68 of giving credits for everybody that distributes a software
69 incorporating a software ruled by the current license so as all
70 contributions to be properly identified and acknowledged.
72 In consideration of access to the source code and the rights to copy,
73 modify and redistribute granted by the license, users are provided only
74 with a limited warranty and the software's author, the holder of the
75 economic rights, and the successive licensors only have limited liability.
77 In this respect, the risks associated with loading, using, modifying
78 and/or developing or reproducing the software by the user are brought to
79 the user's attention, given its Free Software status, which may make it
80 complicated to use, with the result that its use is reserved for
81 developers and experienced professionals having in-depth computer
82 knowledge. Users are therefore encouraged to load and test the
83 suitability of the software as regards their requirements in conditions
84 enabling the security of their systems and/or data to be ensured and,
85 more generally, to use and operate it in the same conditions of
86 security. This Agreement may be freely reproduced and published,
87 provided it is not altered, and that no provisions are either added or
90 This Agreement may apply to any or all software for which the holder of
91 the economic rights decides to submit the use thereof to its provisions.
94 Article 1 - DEFINITIONS
96 For the purpose of this Agreement, when the following expressions
97 commence with a capital letter, they shall have the following meaning:
99 Agreement: means this license agreement, and its possible subsequent
100 versions and annexes.
102 Software: means the software in its Object Code and/or Source Code form
103 and, where applicable, its documentation, "as is" when the Licensee
104 accepts the Agreement.
106 Initial Software: means the Software in its Source Code and possibly its
107 Object Code form and, where applicable, its documentation, "as is" when
108 it is first distributed under the terms and conditions of the Agreement.
110 Modified Software: means the Software modified by at least one
113 Source Code: means all the Software's instructions and program lines to
114 which access is required so as to modify the Software.
116 Object Code: means the binary files originating from the compilation of
119 Holder: means the holder(s) of the economic rights over the Initial
122 Licensee: means the Software user(s) having accepted the Agreement.
124 Contributor: means a Licensee having made at least one Contribution.
126 Licensor: means the Holder, or any other individual or legal entity, who
127 distributes the Software under the Agreement.
129 Contribution: means any or all modifications, corrections, translations,
130 adaptations and/or new functions integrated into the Software by any or
131 all Contributors, as well as any or all Internal Modules.
133 Module: means a set of sources files including their documentation that
134 enables supplementary functions or services in addition to those offered
137 External Module: means any or all Modules, not derived from the
138 Software, so that this Module and the Software run in separate address
139 spaces, with one calling the other when they are run.
141 Internal Module: means any or all Module, connected to the Software so
142 that they both execute in the same address space.
144 Parties: mean both the Licensee and the Licensor.
146 These expressions may be used both in singular and plural form.
151 The purpose of the Agreement is the grant by the Licensor to the
152 Licensee of a non-exclusive, transferable and worldwide license for the
153 Software as set forth in Article 5 hereinafter for the whole term of the
154 protection granted by the rights over said Software.
157 Article 3 - ACCEPTANCE
159 3.1 The Licensee shall be deemed as having accepted the terms and
160 conditions of this Agreement upon the occurrence of the first of the
163 * (i) loading the Software by any or all means, notably, by
164 downloading from a remote server, or by loading from a physical
166 * (ii) the first time the Licensee exercises any of the rights
169 3.2 One copy of the Agreement, containing a notice relating to the
170 characteristics of the Software, to the limited warranty, and to the
171 fact that its use is restricted to experienced users has been provided
172 to the Licensee prior to its acceptance as set forth in Article 3.1
173 hereinabove, and the Licensee hereby acknowledges that it has read and
177 Article 4 - EFFECTIVE DATE AND TERM
182 The Agreement shall become effective on the date when it is accepted by
183 the Licensee as set forth in Article 3.1.
188 The Agreement shall remain in force for the entire legal term of
189 protection of the economic rights over the Software.
192 Article 5 - SCOPE OF RIGHTS GRANTED
194 The Licensor hereby grants to the Licensee, who accepts, the following
195 rights over the Software for any or all use, and for the term of the
196 Agreement, on the basis of the terms and conditions set forth hereinafter.
198 Besides, if the Licensor owns or comes to own one or more patents
199 protecting all or part of the functions of the Software or of its
200 components, the Licensor undertakes not to enforce the rights granted by
201 these patents against successive Licensees using, exploiting or
202 modifying the Software. If these patents are transferred, the Licensor
203 undertakes to have the transferees subscribe to the obligations set
204 forth in this paragraph.
209 The Licensee is authorized to use the Software, without any limitation
210 as to its fields of application, with it being hereinafter specified
213 1. permanent or temporary reproduction of all or part of the Software
214 by any or all means and in any or all form.
216 2. loading, displaying, running, or storing the Software on any or
219 3. entitlement to observe, study or test its operation so as to
220 determine the ideas and principles behind any or all constituent
221 elements of said Software. This shall apply when the Licensee
222 carries out any or all loading, displaying, running, transmission
223 or storage operation as regards the Software, that it is entitled
224 to carry out hereunder.
227 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
229 The right to make Contributions includes the right to translate, adapt,
230 arrange, or make any or all modifications to the Software, and the right
231 to reproduce the resulting software.
233 The Licensee is authorized to make any or all Contributions to the
234 Software provided that it includes an explicit notice that it is the
235 author of said Contribution and indicates the date of the creation thereof.
238 5.3 RIGHT OF DISTRIBUTION
240 In particular, the right of distribution includes the right to publish,
241 transmit and communicate the Software to the general public on any or
242 all medium, and by any or all means, and the right to market, either in
243 consideration of a fee, or free of charge, one or more copies of the
244 Software by any means.
246 The Licensee is further authorized to distribute copies of the modified
247 or unmodified Software to third parties according to the terms and
248 conditions set forth hereinafter.
251 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
253 The Licensee is authorized to distribute true copies of the Software in
254 Source Code or Object Code form, provided that said distribution
255 complies with all the provisions of the Agreement and is accompanied by:
257 1. a copy of the Agreement,
259 2. a notice relating to the limitation of both the Licensor's
260 warranty and liability as set forth in Articles 8 and 9,
262 and that, in the event that only the Object Code of the Software is
263 redistributed, the Licensee allows effective access to the full Source
264 Code of the Software at a minimum during the entire period of its
265 distribution of the Software, it being understood that the additional
266 cost of acquiring the Source Code shall not exceed the cost of
267 transferring the data.
270 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
272 If the Licensee makes any Contribution to the Software, the resulting
273 Modified Software may be distributed under a license agreement other
274 than this Agreement subject to compliance with the provisions of Article
278 5.3.3 DISTRIBUTION OF EXTERNAL MODULES
280 When the Licensee has developed an External Module, the terms and
281 conditions of this Agreement do not apply to said External Module, that
282 may be distributed under a separate license agreement.
287 Any Licensee who may distribute a Modified Software hereby expressly
290 1. indicate in the related documentation that it is based on the
291 Software licensed hereunder, and reproduce the intellectual
292 property notice for the Software,
294 2. ensure that written indications of the Software intended use,
295 intellectual property notice and license hereunder are included in
296 easily accessible format from the Modified Software interface,
298 3. mention, on a freely accessible website describing the Modified
299 Software, at least throughout the distribution term thereof, that
300 it is based on the Software licensed hereunder, and reproduce the
301 Software intellectual property notice,
303 4. where it is distributed to a third party that may distribute a
304 Modified Software without having to make its source code
305 available, make its best efforts to ensure that said third party
306 agrees to comply with the obligations set forth in this Article .
308 If the Software, whether or not modified, is distributed with an
309 External Module designed for use in connection with the Software, the
310 Licensee shall submit said External Module to the foregoing obligations.
313 5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES
315 Where a Modified Software contains a Contribution subject to the CeCILL
316 license, the provisions set forth in Article 5.3.4 shall be optional.
318 A Modified Software may be distributed under the CeCILL-C license. In
319 such a case the provisions set forth in Article 5.3.4 shall be optional.
322 Article 6 - INTELLECTUAL PROPERTY
325 6.1 OVER THE INITIAL SOFTWARE
327 The Holder owns the economic rights over the Initial Software. Any or
328 all use of the Initial Software is subject to compliance with the terms
329 and conditions under which the Holder has elected to distribute its work
330 and no one shall be entitled to modify the terms and conditions for the
331 distribution of said Initial Software.
333 The Holder undertakes that the Initial Software will remain ruled at
334 least by this Agreement, for the duration set forth in Article 4.2.
337 6.2 OVER THE CONTRIBUTIONS
339 The Licensee who develops a Contribution is the owner of the
340 intellectual property rights over this Contribution as defined by
344 6.3 OVER THE EXTERNAL MODULES
346 The Licensee who develops an External Module is the owner of the
347 intellectual property rights over this External Module as defined by
348 applicable law and is free to choose the type of agreement that shall
349 govern its distribution.
354 The Licensee expressly undertakes:
356 1. not to remove, or modify, in any manner, the intellectual property
357 notices attached to the Software;
359 2. to reproduce said notices, in an identical manner, in the copies
360 of the Software modified or not.
362 The Licensee undertakes not to directly or indirectly infringe the
363 intellectual property rights of the Holder and/or Contributors on the
364 Software and to take, where applicable, vis-à-vis its staff, any and all
365 measures required to ensure respect of said intellectual property rights
366 of the Holder and/or Contributors.
369 Article 7 - RELATED SERVICES
371 7.1 Under no circumstances shall the Agreement oblige the Licensor to
372 provide technical assistance or maintenance services for the Software.
374 However, the Licensor is entitled to offer this type of services. The
375 terms and conditions of such technical assistance, and/or such
376 maintenance, shall be set forth in a separate instrument. Only the
377 Licensor offering said maintenance and/or technical assistance services
378 shall incur liability therefor.
380 7.2 Similarly, any Licensor is entitled to offer to its licensees, under
381 its sole responsibility, a warranty, that shall only be binding upon
382 itself, for the redistribution of the Software and/or the Modified
383 Software, under terms and conditions that it is free to decide. Said
384 warranty, and the financial terms and conditions of its application,
385 shall be subject of a separate instrument executed between the Licensor
389 Article 8 - LIABILITY
391 8.1 Subject to the provisions of Article 8.2, the Licensee shall be
392 entitled to claim compensation for any direct loss it may have suffered
393 from the Software as a result of a fault on the part of the relevant
394 Licensor, subject to providing evidence thereof.
396 8.2 The Licensor's liability is limited to the commitments made under
397 this Agreement and shall not be incurred as a result of in particular:
398 (i) loss due the Licensee's total or partial failure to fulfill its
399 obligations, (ii) direct or consequential loss that is suffered by the
400 Licensee due to the use or performance of the Software, and (iii) more
401 generally, any consequential loss. In particular the Parties expressly
402 agree that any or all pecuniary or business loss (i.e. loss of data,
403 loss of profits, operating loss, loss of customers or orders,
404 opportunity cost, any disturbance to business activities) or any or all
405 legal proceedings instituted against the Licensee by a third party,
406 shall constitute consequential loss and shall not provide entitlement to
407 any or all compensation from the Licensor.
412 9.1 The Licensee acknowledges that the scientific and technical
413 state-of-the-art when the Software was distributed did not enable all
414 possible uses to be tested and verified, nor for the presence of
415 possible defects to be detected. In this respect, the Licensee's
416 attention has been drawn to the risks associated with loading, using,
417 modifying and/or developing and reproducing the Software which are
418 reserved for experienced users.
420 The Licensee shall be responsible for verifying, by any or all means,
421 the suitability of the product for its requirements, its good working
422 order, and for ensuring that it shall not cause damage to either persons
425 9.2 The Licensor hereby represents, in good faith, that it is entitled
426 to grant all the rights over the Software (including in particular the
427 rights set forth in Article 5).
429 9.3 The Licensee acknowledges that the Software is supplied "as is" by
430 the Licensor without any other express or tacit warranty, other than
431 that provided for in Article 9.2 and, in particular, without any warranty
432 as to its commercial value, its secured, safe, innovative or relevant
435 Specifically, the Licensor does not warrant that the Software is free
436 from any error, that it will operate without interruption, that it will
437 be compatible with the Licensee's own equipment and software
438 configuration, nor that it will meet the Licensee's requirements.
440 9.4 The Licensor does not either expressly or tacitly warrant that the
441 Software does not infringe any third party intellectual property right
442 relating to a patent, software or any other property right. Therefore,
443 the Licensor disclaims any and all liability towards the Licensee
444 arising out of any or all proceedings for infringement that may be
445 instituted in respect of the use, modification and redistribution of the
446 Software. Nevertheless, should such proceedings be instituted against
447 the Licensee, the Licensor shall provide it with technical and legal
448 assistance for its defense. Such technical and legal assistance shall be
449 decided on a case-by-case basis between the relevant Licensor and the
450 Licensee pursuant to a memorandum of understanding. The Licensor
451 disclaims any and all liability as regards the Licensee's use of the
452 name of the Software. No warranty is given as regards the existence of
453 prior rights over the name of the Software or as regards the existence
457 Article 10 - TERMINATION
459 10.1 In the event of a breach by the Licensee of its obligations
460 hereunder, the Licensor may automatically terminate this Agreement
461 thirty (30) days after notice has been sent to the Licensee and has
462 remained ineffective.
464 10.2 A Licensee whose Agreement is terminated shall no longer be
465 authorized to use, modify or distribute the Software. However, any
466 licenses that it may have granted prior to termination of the Agreement
467 shall remain valid subject to their having been granted in compliance
468 with the terms and conditions hereof.
471 Article 11 - MISCELLANEOUS
474 11.1 EXCUSABLE EVENTS
476 Neither Party shall be liable for any or all delay, or failure to
477 perform the Agreement, that may be attributable to an event of force
478 majeure, an act of God or an outside cause, such as defective
479 functioning or interruptions of the electricity or telecommunications
480 networks, network paralysis following a virus attack, intervention by
481 government authorities, natural disasters, water damage, earthquakes,
482 fire, explosions, strikes and labor unrest, war, etc.
484 11.2 Any failure by either Party, on one or more occasions, to invoke
485 one or more of the provisions hereof, shall under no circumstances be
486 interpreted as being a waiver by the interested Party of its right to
487 invoke said provision(s) subsequently.
489 11.3 The Agreement cancels and replaces any or all previous agreements,
490 whether written or oral, between the Parties and having the same
491 purpose, and constitutes the entirety of the agreement between said
492 Parties concerning said purpose. No supplement or modification to the
493 terms and conditions hereof shall be effective as between the Parties
494 unless it is made in writing and signed by their duly authorized
497 11.4 In the event that one or more of the provisions hereof were to
498 conflict with a current or future applicable act or legislative text,
499 said act or legislative text shall prevail, and the Parties shall make
500 the necessary amendments so as to comply with said act or legislative
501 text. All other provisions shall remain effective. Similarly, invalidity
502 of a provision of the Agreement, for any reason whatsoever, shall not
503 cause the Agreement as a whole to be invalid.
508 The Agreement is drafted in both French and English and both versions
509 are deemed authentic.
512 Article 12 - NEW VERSIONS OF THE AGREEMENT
514 12.1 Any person is authorized to duplicate and distribute copies of this
517 12.2 So as to ensure coherence, the wording of this Agreement is
518 protected and may only be modified by the authors of the License, who
519 reserve the right to periodically publish updates or new versions of the
520 Agreement, each with a separate number. These subsequent versions may
521 address new issues encountered by Free Software.
523 12.3 Any Software distributed under a given version of the Agreement may
524 only be subsequently distributed under the same version of the Agreement
525 or a subsequent version.
528 Article 13 - GOVERNING LAW AND JURISDICTION
530 13.1 The Agreement is governed by French law. The Parties agree to
531 endeavor to seek an amicable solution to any disagreements or disputes
532 that may arise during the performance of the Agreement.
534 13.2 Failing an amicable solution within two (2) months as from their
535 occurrence, and unless emergency proceedings are necessary, the
536 disagreements or disputes shall be referred to the Paris Courts having
537 jurisdiction, by the more diligent Party.
540 Version 1.0 dated 2006-09-05.