scotch 5.1.12b.dfsg-2.1 / usr / share / doc / scotch / copyright

# -*- coding: utf-8 -*-

This package was debianized by Christophe Prud'homme
<prudhomm@debian.org> on Thu, 18 Oct 2007 09:31:24 +0200.

It was downloaded from
http://gforge.inria.fr/frs/download.php/5218/

Upstream Author:

    Francois PELLEGRINI

Copyright:

    Copyright 2004,2007 ENSEIRB, INRIA & CNRS

License:

    CeCILL-C 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-C (for Ce[a] C[nrs] I[nria] L[ogiciel] 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 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 re-use the software governed by this license.

    The exercising of this right is conditional upon the obligation to make
    available to the community the modifications made to the source code of
    the software so as to contribute to its evolution.

    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
    Integrated 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 Integrated
    Contribution.

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

    Integrated Contribution: means any or all modifications, corrections,
    translations, adaptations and/or new functions integrated into the
    Source Code by any or all Contributors.

    Related Module: means a set of sources files including their
    documentation that, without modification to the Source Code, enables
    supplementary functions or services in addition to those offered by the
    Software.

    Derivative Software: means any combination of the Software, modified or
    not, and of a Related Module.

    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 RIGHT OF MODIFICATION

    The right of modification includes the right to translate, adapt,
    arrange, or make any or all modifications to the Software, and the right
    to reproduce the resulting software. It includes, in particular, the
    right to create a Derivative Software.

    The Licensee is authorized to make any or all modification to the
    Software provided that it includes an explicit notice that it is the
    author of said modification 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 effective access to the full Source
    Code of the Software at a minimum during the entire period of its
    distribution of the Software, 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 an Integrated 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 effective access to the
    full source code of the Modified Software at a minimum during the entire
    period of its distribution of the Modified Software, 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 DERIVATIVE SOFTWARE

    When the Licensee creates Derivative Software, this Derivative Software
    may be distributed under a license agreement other than this Agreement,
    subject to compliance with the requirement to include a notice
    concerning the rights over the Software as defined in Article 6.4.
    In the event the creation of the Derivative Software required modification
    of the Source Code, the Licensee undertakes that:

       1. the resulting Modified Software will be governed by this Agreement,
       2. the Integrated Contributions in the resulting Modified Software
          will be clearly identified and documented,
       3. the Licensee will allow effective access to the source code of the
          Modified Software, at a minimum during the entire period of
          distribution of the Derivative Software, such that such
          modifications may be carried over in a subsequent version of the
          Software; it being understood that the additional cost of
          purchasing the source code of the Modified Software shall not
          exceed the cost of transferring the data.


            5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE

    When a Modified Software contains an Integrated Contribution subject to
    the CeCILL license agreement, or when a Derivative Software contains a
    Related Module subject to the CeCILL license agreement, the provisions
    set forth in the third item of Article 6.4 are optional.


        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 this Agreement, for the duration set forth in Article 4.2.


          6.2 OVER THE INTEGRATED CONTRIBUTIONS

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


          6.3 OVER THE RELATED MODULES

    The Licensee who develops a Related Module is the owner of the
    intellectual property rights over this Related Module as defined by
    applicable law and is free to choose the type of agreement that shall
    govern its distribution under the conditions defined in Article 5.3.3.


          6.4 NOTICE OF RIGHTS

    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;

       3. to ensure that use of the Software, its intellectual property
          notices and the fact that it is governed by the Agreement is
          indicated in a text that is easily accessible, specifically from
          the interface of any Derivative Software.

    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.


        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.


        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 1.0 dated 2006-09-05.


The Debian packaging is (C) 2007-2009,
Christophe Prud'homme <prudhomm@debian.org> and is licensed under the GPL, see
`/usr/share/common-licenses/GPL-3'.