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506 lines
21 KiB
Text
506 lines
21 KiB
Text
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CeCILL FREE SOFTWARE LICENSE AGREEMENT
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Notice
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This Agreement is a Free Software license agreement that is the result
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of discussions between its authors in order to ensure compliance with
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the two main principles guiding its drafting:
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* firstly, compliance with the principles governing the distribution
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of Free Software: access to source code, broad rights granted to
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users,
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* secondly, the election of a governing law, French law, with which
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it is conformant, both as regards the law of torts and
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intellectual property law, and the protection that it offers to
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both authors and holders of the economic rights over software.
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The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
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license are:
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Commissariat à l'Energie Atomique - CEA, a public scientific, technical
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and industrial research establishment, having its principal place of
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business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
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Centre National de la Recherche Scientifique - CNRS, a public scientific
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and technological establishment, having its principal place of business
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at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
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Institut National de Recherche en Informatique et en Automatique -
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INRIA, a public scientific and technological establishment, having its
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principal place of business at Domaine de Voluceau, Rocquencourt, BP
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105, 78153 Le Chesnay cedex, France.
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Preamble
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The purpose of this Free Software license agreement is to grant users
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the right to modify and redistribute the software governed by this
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license within the framework of an open source distribution model.
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The exercising of these rights is conditional upon certain obligations
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for users so as to preserve this status for all subsequent redistributions.
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In consideration of access to the source code and the rights to copy,
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modify and redistribute granted by the license, users are provided only
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with a limited warranty and the software's author, the holder of the
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economic rights, and the successive licensors only have limited liability.
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In this respect, the risks associated with loading, using, modifying
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and/or developing or reproducing the software by the user are brought to
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the user's attention, given its Free Software status, which may make it
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complicated to use, with the result that its use is reserved for
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developers and experienced professionals having in-depth computer
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knowledge. Users are therefore encouraged to load and test the
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suitability of the software as regards their requirements in conditions
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enabling the security of their systems and/or data to be ensured and,
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more generally, to use and operate it in the same conditions of
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security. This Agreement may be freely reproduced and published,
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provided it is not altered, and that no provisions are either added or
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removed herefrom.
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This Agreement may apply to any or all software for which the holder of
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the economic rights decides to submit the use thereof to its provisions.
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Article 1 - DEFINITIONS
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For the purpose of this Agreement, when the following expressions
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commence with a capital letter, they shall have the following meaning:
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Agreement: means this license agreement, and its possible subsequent
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versions and annexes.
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Software: means the software in its Object Code and/or Source Code form
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and, where applicable, its documentation, "as is" when the Licensee
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accepts the Agreement.
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Initial Software: means the Software in its Source Code and possibly its
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Object Code form and, where applicable, its documentation, "as is" when
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it is first distributed under the terms and conditions of the Agreement.
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Modified Software: means the Software modified by at least one
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Contribution.
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Source Code: means all the Software's instructions and program lines to
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which access is required so as to modify the Software.
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Object Code: means the binary files originating from the compilation of
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the Source Code.
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Holder: means the holder(s) of the economic rights over the Initial
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Software.
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Licensee: means the Software user(s) having accepted the Agreement.
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Contributor: means a Licensee having made at least one Contribution.
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Licensor: means the Holder, or any other individual or legal entity, who
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distributes the Software under the Agreement.
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Contribution: means any or all modifications, corrections, translations,
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adaptations and/or new functions integrated into the Software by any or
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all Contributors, as well as any or all Internal Modules.
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Module: means a set of sources files including their documentation that
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enables supplementary functions or services in addition to those offered
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by the Software.
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External Module: means any or all Modules, not derived from the
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Software, so that this Module and the Software run in separate address
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spaces, with one calling the other when they are run.
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Internal Module: means any or all Module, connected to the Software so
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that they both execute in the same address space.
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GNU GPL: means the GNU General Public License version 2 or any
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subsequent version, as published by the Free Software Foundation Inc.
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Parties: mean both the Licensee and the Licensor.
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These expressions may be used both in singular and plural form.
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Article 2 - PURPOSE
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The purpose of the Agreement is the grant by the Licensor to the
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Licensee of a non-exclusive, transferable and worldwide license for the
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Software as set forth in Article 5 hereinafter for the whole term of the
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protection granted by the rights over said Software.
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Article 3 - ACCEPTANCE
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3.1 The Licensee shall be deemed as having accepted the terms and
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conditions of this Agreement upon the occurrence of the first of the
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following events:
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* (i) loading the Software by any or all means, notably, by
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downloading from a remote server, or by loading from a physical
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medium;
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* (ii) the first time the Licensee exercises any of the rights
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granted hereunder.
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3.2 One copy of the Agreement, containing a notice relating to the
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characteristics of the Software, to the limited warranty, and to the
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fact that its use is restricted to experienced users has been provided
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to the Licensee prior to its acceptance as set forth in Article 3.1
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hereinabove, and the Licensee hereby acknowledges that it has read and
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understood it.
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Article 4 - EFFECTIVE DATE AND TERM
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4.1 EFFECTIVE DATE
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The Agreement shall become effective on the date when it is accepted by
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the Licensee as set forth in Article 3.1.
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4.2 TERM
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The Agreement shall remain in force for the entire legal term of
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protection of the economic rights over the Software.
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Article 5 - SCOPE OF RIGHTS GRANTED
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The Licensor hereby grants to the Licensee, who accepts, the following
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rights over the Software for any or all use, and for the term of the
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Agreement, on the basis of the terms and conditions set forth hereinafter.
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Besides, if the Licensor owns or comes to own one or more patents
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protecting all or part of the functions of the Software or of its
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components, the Licensor undertakes not to enforce the rights granted by
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these patents against successive Licensees using, exploiting or
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modifying the Software. If these patents are transferred, the Licensor
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undertakes to have the transferees subscribe to the obligations set
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forth in this paragraph.
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5.1 RIGHT OF USE
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The Licensee is authorized to use the Software, without any limitation
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as to its fields of application, with it being hereinafter specified
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that this comprises:
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1. permanent or temporary reproduction of all or part of the Software
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by any or all means and in any or all form.
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2. loading, displaying, running, or storing the Software on any or
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all medium.
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3. entitlement to observe, study or test its operation so as to
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determine the ideas and principles behind any or all constituent
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elements of said Software. This shall apply when the Licensee
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carries out any or all loading, displaying, running, transmission
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or storage operation as regards the Software, that it is entitled
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to carry out hereunder.
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5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
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The right to make Contributions includes the right to translate, adapt,
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arrange, or make any or all modifications to the Software, and the right
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to reproduce the resulting software.
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The Licensee is authorized to make any or all Contributions to the
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Software provided that it includes an explicit notice that it is the
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author of said Contribution and indicates the date of the creation thereof.
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5.3 RIGHT OF DISTRIBUTION
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In particular, the right of distribution includes the right to publish,
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transmit and communicate the Software to the general public on any or
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all medium, and by any or all means, and the right to market, either in
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consideration of a fee, or free of charge, one or more copies of the
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Software by any means.
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The Licensee is further authorized to distribute copies of the modified
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or unmodified Software to third parties according to the terms and
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conditions set forth hereinafter.
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5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
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The Licensee is authorized to distribute true copies of the Software in
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Source Code or Object Code form, provided that said distribution
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complies with all the provisions of the Agreement and is accompanied by:
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1. a copy of the Agreement,
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2. a notice relating to the limitation of both the Licensor's
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warranty and liability as set forth in Articles 8 and 9,
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and that, in the event that only the Object Code of the Software is
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redistributed, the Licensee allows future Licensees unhindered access to
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the full Source Code of the Software by indicating how to access it, it
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being understood that the additional cost of acquiring the Source Code
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shall not exceed the cost of transferring the data.
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5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
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When the Licensee makes a Contribution to the Software, the terms and
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conditions for the distribution of the resulting Modified Software
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become subject to all the provisions of this Agreement.
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The Licensee is authorized to distribute the Modified Software, in
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source code or object code form, provided that said distribution
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complies with all the provisions of the Agreement and is accompanied by:
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1. a copy of the Agreement,
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2. a notice relating to the limitation of both the Licensor's
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warranty and liability as set forth in Articles 8 and 9,
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and that, in the event that only the object code of the Modified
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Software is redistributed, the Licensee allows future Licensees
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unhindered access to the full source code of the Modified Software by
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indicating how to access it, it being understood that the additional
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cost of acquiring the source code shall not exceed the cost of
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transferring the data.
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5.3.3 DISTRIBUTION OF EXTERNAL MODULES
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When the Licensee has developed an External Module, the terms and
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conditions of this Agreement do not apply to said External Module, that
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may be distributed under a separate license agreement.
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5.3.4 COMPATIBILITY WITH THE GNU GPL
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The Licensee can include a code that is subject to the provisions of one
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of the versions of the GNU GPL in the Modified or unmodified Software,
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and distribute that entire code under the terms of the same version of
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the GNU GPL.
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The Licensee can include the Modified or unmodified Software in a code
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that is subject to the provisions of one of the versions of the GNU GPL,
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and distribute that entire code under the terms of the same version of
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the GNU GPL.
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Article 6 - INTELLECTUAL PROPERTY
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6.1 OVER THE INITIAL SOFTWARE
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The Holder owns the economic rights over the Initial Software. Any or
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all use of the Initial Software is subject to compliance with the terms
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and conditions under which the Holder has elected to distribute its work
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and no one shall be entitled to modify the terms and conditions for the
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distribution of said Initial Software.
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The Holder undertakes that the Initial Software will remain ruled at
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least by this Agreement, for the duration set forth in Article 4.2.
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6.2 OVER THE CONTRIBUTIONS
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The Licensee who develops a Contribution is the owner of the
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intellectual property rights over this Contribution as defined by
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applicable law.
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6.3 OVER THE EXTERNAL MODULES
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The Licensee who develops an External Module is the owner of the
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intellectual property rights over this External Module as defined by
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applicable law and is free to choose the type of agreement that shall
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govern its distribution.
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6.4 JOINT PROVISIONS
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The Licensee expressly undertakes:
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1. not to remove, or modify, in any manner, the intellectual property
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notices attached to the Software;
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2. to reproduce said notices, in an identical manner, in the copies
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of the Software modified or not.
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The Licensee undertakes not to directly or indirectly infringe the
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intellectual property rights of the Holder and/or Contributors on the
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Software and to take, where applicable, vis-à-vis its staff, any and all
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measures required to ensure respect of said intellectual property rights
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of the Holder and/or Contributors.
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Article 7 - RELATED SERVICES
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7.1 Under no circumstances shall the Agreement oblige the Licensor to
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provide technical assistance or maintenance services for the Software.
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However, the Licensor is entitled to offer this type of services. The
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terms and conditions of such technical assistance, and/or such
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maintenance, shall be set forth in a separate instrument. Only the
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Licensor offering said maintenance and/or technical assistance services
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shall incur liability therefor.
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7.2 Similarly, any Licensor is entitled to offer to its licensees, under
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its sole responsibility, a warranty, that shall only be binding upon
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itself, for the redistribution of the Software and/or the Modified
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Software, under terms and conditions that it is free to decide. Said
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warranty, and the financial terms and conditions of its application,
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shall be subject of a separate instrument executed between the Licensor
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and the Licensee.
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Article 8 - LIABILITY
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8.1 Subject to the provisions of Article 8.2, the Licensee shall be
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entitled to claim compensation for any direct loss it may have suffered
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from the Software as a result of a fault on the part of the relevant
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Licensor, subject to providing evidence thereof.
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8.2 The Licensor's liability is limited to the commitments made under
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this Agreement and shall not be incurred as a result of in particular:
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(i) loss due the Licensee's total or partial failure to fulfill its
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obligations, (ii) direct or consequential loss that is suffered by the
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Licensee due to the use or performance of the Software, and (iii) more
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generally, any consequential loss. In particular the Parties expressly
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agree that any or all pecuniary or business loss (i.e. loss of data,
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loss of profits, operating loss, loss of customers or orders,
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opportunity cost, any disturbance to business activities) or any or all
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legal proceedings instituted against the Licensee by a third party,
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shall constitute consequential loss and shall not provide entitlement to
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any or all compensation from the Licensor.
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Article 9 - WARRANTY
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9.1 The Licensee acknowledges that the scientific and technical
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state-of-the-art when the Software was distributed did not enable all
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possible uses to be tested and verified, nor for the presence of
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possible defects to be detected. In this respect, the Licensee's
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attention has been drawn to the risks associated with loading, using,
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modifying and/or developing and reproducing the Software which are
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reserved for experienced users.
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The Licensee shall be responsible for verifying, by any or all means,
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the suitability of the product for its requirements, its good working
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order, and for ensuring that it shall not cause damage to either persons
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or properties.
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9.2 The Licensor hereby represents, in good faith, that it is entitled
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to grant all the rights over the Software (including in particular the
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rights set forth in Article 5).
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9.3 The Licensee acknowledges that the Software is supplied "as is" by
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the Licensor without any other express or tacit warranty, other than
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that provided for in Article 9.2 and, in particular, without any warranty
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as to its commercial value, its secured, safe, innovative or relevant
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nature.
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Specifically, the Licensor does not warrant that the Software is free
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from any error, that it will operate without interruption, that it will
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be compatible with the Licensee's own equipment and software
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configuration, nor that it will meet the Licensee's requirements.
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9.4 The Licensor does not either expressly or tacitly warrant that the
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Software does not infringe any third party intellectual property right
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relating to a patent, software or any other property right. Therefore,
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the Licensor disclaims any and all liability towards the Licensee
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arising out of any or all proceedings for infringement that may be
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instituted in respect of the use, modification and redistribution of the
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Software. Nevertheless, should such proceedings be instituted against
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the Licensee, the Licensor shall provide it with technical and legal
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assistance for its defense. Such technical and legal assistance shall be
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decided on a case-by-case basis between the relevant Licensor and the
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Licensee pursuant to a memorandum of understanding. The Licensor
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disclaims any and all liability as regards the Licensee's use of the
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name of the Software. No warranty is given as regards the existence of
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prior rights over the name of the Software or as regards the existence
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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
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hereunder, the Licensor may automatically terminate this Agreement
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thirty (30) days after notice has been sent to the Licensee and has
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remained ineffective.
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10.2 A Licensee whose Agreement is terminated shall no longer be
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authorized to use, modify or distribute the Software. However, any
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licenses that it may have granted prior to termination of the Agreement
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shall remain valid subject to their having been granted in compliance
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with the terms and conditions hereof.
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Article 11 - MISCELLANEOUS
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11.1 EXCUSABLE EVENTS
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Neither Party shall be liable for any or all delay, or failure to
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perform the Agreement, that may be attributable to an event of force
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majeure, an act of God or an outside cause, such as defective
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functioning or interruptions of the electricity or telecommunications
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networks, network paralysis following a virus attack, intervention by
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government authorities, natural disasters, water damage, earthquakes,
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fire, explosions, strikes and labor unrest, war, etc.
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11.2 Any failure by either Party, on one or more occasions, to invoke
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one or more of the provisions hereof, shall under no circumstances be
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interpreted as being a waiver by the interested Party of its right to
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invoke said provision(s) subsequently.
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11.3 The Agreement cancels and replaces any or all previous agreements,
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whether written or oral, between the Parties and having the same
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purpose, and constitutes the entirety of the agreement between said
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Parties concerning said purpose. No supplement or modification to the
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terms and conditions hereof shall be effective as between the Parties
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unless it is made in writing and signed by their duly authorized
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representatives.
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11.4 In the event that one or more of the provisions hereof were to
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conflict with a current or future applicable act or legislative text,
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said act or legislative text shall prevail, and the Parties shall make
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the necessary amendments so as to comply with said act or legislative
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text. All other provisions shall remain effective. Similarly, invalidity
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of a provision of the Agreement, for any reason whatsoever, shall not
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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
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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
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Agreement.
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12.2 So as to ensure coherence, the wording of this Agreement is
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protected and may only be modified by the authors of the License, who
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reserve the right to periodically publish updates or new versions of the
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Agreement, each with a separate number. These subsequent versions may
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address new issues encountered by Free Software.
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12.3 Any Software distributed under a given version of the Agreement may
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only be subsequently distributed under the same version of the Agreement
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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
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endeavor to seek an amicable solution to any disagreements or disputes
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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
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occurrence, and unless emergency proceedings are necessary, the
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disagreements or disputes shall be referred to the Paris Courts having
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jurisdiction, by the more diligent Party.
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Version 2.0 dated 2006-09-05.
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