Ci-dessous, les différences entre deux révisions de la page.
Les deux révisions précédentesRévision précédenteProchaine révision | Révision précédente | ||
fr:restreint:licence:start [2010/12/20 11:25] – sveiller | fr:restreint:licence:start [2011/01/21 11:51] (Version actuelle) – sveiller | ||
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==== PREAMBULE : ==== | ==== PREAMBULE : ==== | ||
- | Le présent Contrat de Licence est fournit | + | Le présent Contrat de Licence est fournit par l’UTC en vue de protéger sa Suite |
- | Logicielle | + | Logicielle MEMORAe. |
Logicielle MEMORAe. | Logicielle MEMORAe. | ||
Ligne 319: | Ligne 319: | ||
+ | |||
+ | |||
+ | ===== English Version ===== | ||
==== PREAMBLE: ==== | ==== PREAMBLE: ==== | ||
Ligne 364: | Ligne 367: | ||
- | ===== English Version ===== | + | |
+ | |||
==== ARTICLE 1 : PURPOSE ==== | ==== ARTICLE 1 : PURPOSE ==== | ||
Ligne 372: | Ligne 377: | ||
below. | below. | ||
- | + | ==== ARTICLE2 : ACCEPTANCE | |
- | ARTICLE2 : ACCEPTANCE | + | |
2.1 The Licensee shall be deemed | 2.1 The Licensee shall be deemed | ||
this Agreement upon the occurrence of the first of the following events : | this Agreement upon the occurrence of the first of the following events : | ||
- | - loading the Component by any or all means; | + | * loading the Component by any or all means; |
- | + | | |
- | - the first time the Licensee exercises any of the rights granted hereunder; | + | |
- | + | ||
- | - the signature of the Contract by the Parties. | + | |
2.2 One copy of the Agreement has been provided to the Licensee, | 2.2 One copy of the Agreement has been provided to the Licensee, | ||
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acknowledges that it has read and understood it. | acknowledges that it has read and understood it. | ||
- | + | ==== ARTICLE 3 : EFFECTIVE DATE AND TERM ==== | |
- | ARTICLE 3 : EFFECTIVE DATE AND TERM | + | |
3.1 The Agreement shall become effective on the date when it is accepted by the | 3.1 The Agreement shall become effective on the date when it is accepted by the | ||
Ligne 399: | Ligne 399: | ||
- | ARTICLE 4 : SCOPE OF RIGHTS GRANTED | + | ==== ARTICLE 4 : SCOPE OF RIGHTS GRANTED |
UTC hereby grants to the Licensee, who accepts, the following rights: | UTC hereby grants to the Licensee, who accepts, the following rights: | ||
- | - the right to make a back-up copy to protect the use of the Component. In the | + | * The right to make a back-up copy to protect the use of the Component. In the event that the Licensee wishes to back-up |
- | | + | |
- | | + | |
- | | + | |
- | - the right to adapt the Component; | + | * The right to adapt the Component; |
- | - loading, displaying, running, or storing the Component on any or all medium; | + | * Loading, displaying, running, or storing the Component on any or all medium; |
- | - The Licensee is not authorized to make any or all modifications to the | + | * The Licensee is not authorized to make any or all modifications to the |
- | Component delivered | + | Component delivered |
- | | + | |
- | | + | |
- | | + | |
- | | + | |
- | - The Licensee is not authorized to distribute copies of the Component to third | + | * The Licensee is not authorized to distribute copies of the Component to third |
- | parties, publish, transmit and communicate | + | parties, publish, transmit and communicate |
- | or all medium, and by any or all means, and the right to market, either in | + | 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 Component | + | consideration of a fee, or free of charge, one or more copies of the Component |
- | by any means. | + | by any means. |
In the event that the production | In the event that the production | ||
modification of the Source Code, the Licensee undertakes that: | modification of the Source Code, the Licensee undertakes that: | ||
- | - the Modified Component will be governed by the Agreement; | + | * The Modified Component will be governed by the Agreement; |
- | - the Modified Component will be clearly identified and documented; | + | * The Modified Component will be clearly identified and documented; |
- | - the Licensee | + | * The Licensee |
- | Component, | + | Component, at a minimum during the entire period of distribution of the Modified Component, such that such modifications |
- | | + | |
- | | + | |
- | | + | |
- | | + | |
- | This Agreement is entered | + | This Agreement is entered into for academic and research purposes, test and |
evaluation, excluding any direct or indirect commercial use and profit-making. | evaluation, excluding any direct or indirect commercial use and profit-making. | ||
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- | ARTICLE 5 - INTELLECTUAL PROPERTY | + | ==== ARTICLE 5 - INTELLECTUAL PROPERTY |
- | 5.1 OVER THE INITIAL COMPONENT | ||
- | UTC owns the economic rights over the Initial Component. | + | 5.1 Over the initial component, |
- | Component is subject to compliance with the terms and conditions under which UTC | + | |
- | has elected to distribute its work and no one shall be entitled | + | |
- | terms and conditions for the distribution of said Initial Component. | + | |
UTC undertakes | UTC undertakes | ||
- | Agreement, for the duration set forth in ARTICLE | + | Agreement, for the duration set forth in ARTICLE |
- | COMPONENTS The Licensee who develops | + | |
- | Component | + | |
- | Contribution as defined by applicable law. | + | |
+ | 5.2 Over the modified components, the Licensee who develops | ||
- | ARTICLE 6 - NOTICE OF RIGHTS | + | ==== ARTICLE 6 - NOTICE OF RIGHTS |
The Licensee expressly undertakes : | The Licensee expressly undertakes : | ||
- | - not to remove, or modify, in any manner, the intellectual | + | * Not to remove, or modify, in any manner, the intellectual property notices attached to the Component; |
- | | + | |
- | - to | + | * To reproduce said notices, in an identical manner, in the copies of the Component modified or not; |
- | | + | |
- | - to ensure that use of the Component, its intellectual property notices and the | + | * To ensure that use of the Component, its intellectual property notices and the fact that it is governed by the Agreement is indicated in a text that is easily accessible. |
- | | + | |
- | | + | |
The Licensee undertakes not to directly or indirectly infringe the intellectual | The Licensee undertakes not to directly or indirectly infringe the intellectual | ||
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said intellectual property rights of UTC and/or Contributors. | said intellectual property rights of UTC and/or Contributors. | ||
- | + | ==== ARTICLE 7 – LIABILITY | |
- | ARTICLE 7 – LIABILITY | + | |
7.1 Subject to the provisions of ARTICLE 7.2, the Licensee shall be entitled to | 7.1 Subject to the provisions of ARTICLE 7.2, the Licensee shall be entitled to | ||
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evidence thereof. | evidence thereof. | ||
- | 7.2 The Licensor' | + | 7.2 The Licensor' |
Agreement and shall not be incurred as a result of in particular: | Agreement and shall not be incurred as a result of in particular: | ||
- | - loss due the Licensee' | + | * Loss due the Licensee' |
- | - direct | + | * Direct |
- | | + | * And |
- | - and | + | |
- | | + | |
- | | + | |
- | | + | |
- | | + | |
- | | + | |
- | | + | |
- | ARTICLE 8 - RELATED SERVICES | + | ==== ARTICLE 8 - RELATED SERVICES |
- | Under no circumstances | + | Under no circumstances shall the Agreement oblige the Licensor to provide |
- | technical assistance | + | technical assistance or maintenance services for the Component. However, the |
Licensor is entitled to offer this type of services. The terms and conditions of | Licensor is entitled to offer this type of services. The terms and conditions of | ||
- | such technical assistance, and/ | + | such technical assistance, and/or such maintenance, |
- | separate | + | separate instrument. Only the Licensor offering said maintenance and/or |
- | technical | + | technical assistance services shall incur liability therefor. The Licensee |
shall be responsible for verifying, by any or all means, the suitability of the | shall be responsible for verifying, by any or all means, the suitability of the | ||
- | product for its requirements, | + | product for its requirements, |
- | shall not cause damage to either | + | shall not cause damage to either persons or properties. Specifically, |
- | Licensor does not warrant that the Component is free from any error, | + | Licensor does not warrant that the Component is free from any error, that it |
- | will operate | + | will operate without |
- | Licensee’s own equipment | + | Licensee’s own equipmentand |
Licensee’s requirements. | Licensee’s requirements. | ||
- | ARTICLE 9 –WARRANTY | + | ==== ARTICLE 9 –WARRANTY |
- | 9.1 The Licensee | + | 9.1 The Licensee acknowledges that the Licensor does not warrant possible |
- | defects. In this respect, the Licensee' | + | defects. In this respect, the Licensee' |
- | associated with loading, using, | + | associated with loading, using, modifying and/or developing and reproducing the |
- | Component which are reserved | + | Component which are reserved for experienced users. Specifically, |
does not warrant that the Component is free from any error, that it will operate | does not warrant that the Component is free from any error, that it will operate | ||
- | without | + | without interruption, |
- | equipment | + | equipment and software configuration, |
requirements. | requirements. | ||
- | The Licensee shall be responsible | + | The Licensee shall be responsible for verifying, by any or all means, the |
suitability of the product for its requirements, | suitability of the product for its requirements, | ||
ensuring that it shall not cause damage to either persons or properties. | 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 | 9.2 The Licensor hereby represents, in good faith, that it is entitled to grant | ||
- | all the rights | + | all the rights |
in ARTICLE 4). | in ARTICLE 4). | ||
9.3 The Licensor does not either expressly or tacitly warrant that the Component | 9.3 The Licensor does not either expressly or tacitly warrant that the Component | ||
- | does not infringe any third party intellectual property | + | does not infringe any third party intellectual property right relating |
- | patent, software or any other property right. | + | 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 | any and all liability towards the Licensee arising out of any or all proceedings | ||
for infringement that may be instituted | for infringement that may be instituted | ||
redistribution of the Component. The Licensor disclaims any and all liability as | redistribution of the Component. The Licensor disclaims any and all liability as | ||
regards the Licensee' | regards the Licensee' | ||
- | regards | + | regards the existence of prior rights |
regards the existence of a trademark. | regards the existence of a trademark. | ||
- | ARTICLE 10 – TERMINATION | + | ==== ARTICLE 10 – TERMINATION |
- | 10.1 In the event of a breach | + | 10.1 In the event of a breach by the Licensee of its obligations hereunder, the |
- | Licensor | + | Licensor may automatically terminate this Agreement thirty (30) days after |
notice has been sent to the Licensee and has remained ineffective. | notice has been sent to the Licensee and has remained ineffective. | ||
- | 10.2 A Licensee | + | 10.2 A Licensee whose Agreement is terminated shall no longer be authorized to |
- | use, modify or distribute the Component. | + | use, modify or distribute the Component. However, any licenses that it may have |
- | granted | + | granted prior to termination of the Agreement shall remain valid subject to |
- | their having | + | their having been granted in compliance |
+ | ==== ARTICLE 11 - MISCELLANEOUS ==== | ||
- | ARTICLE 11 - MISCELLANEOUS | + | 11.1 The Agreement cancels and replaces any or all previous agreements and/or |
- | + | License, whether written or oral, between the Parties and having the same | |
- | 11.1 The Agreement cancels and replaces | + | purpose, and constitutes the entirety of the agreement between said Parties |
- | License, | + | concerning said purpose. No supplement or modification |
- | purpose, | + | |
- | concerning | + | |
conditions hereof shall be effective as between the Parties unless it is made in | conditions hereof shall be effective as between the Parties unless it is made in | ||
writing and signed by their duly authorized representatives. | writing and signed by their duly authorized representatives. | ||
- | 11.2 In the event that one or more of the provisions hereof were to conflict | + | 11.2 In the event that one or more of the provisions hereof were to conflict |
- | with a current | + | with a current or future applicable act or legislative text, said act or |
- | legislative | + | legislative text shall prevail, and the Parties |
- | amendments | + | amendments so as t |
- | provisions shall remain | + | provisions shall remain effective. Similarly, invalidity of a provision of the |
- | Agreement, for any reason whatsoever, shall not cause the Agreement as a whole | + | Agreement, for any reason whatsoever, shall not cause the Agreement as a whole |
to be invalid. | to be invalid. | ||
- | 11.3 The Agreement | + | 11.3 The Agreement is drafted in both French and English. In case of |
- | differences | + | differences between the French version and the English version, the French |
version prevails. | version prevails. | ||
- | ARTICLE 12 - NEW VERSION OF THE AGREEMENT | + | ==== ARTICLE 12 - NEW VERSION OF THE AGREEMENT |
- | 12.1 Any person is authorized | + | 12.1 Any person is authorized to duplicate and distribute copies of this |
Agreement. | Agreement. | ||
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version. | version. | ||
+ | ==== ARTICLE 13 - GOVERNING LAW AND JURISDICTION ==== | ||
- | ARTICLE 13 - GOVERNING LAW AND JURISDICTION | + | 13.1 The Agreement is governed by French law. The Parties agree to endeavor to |
- | + | ||
- | 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 | seek an amicable solution to any disagreements or disputes that may arise during | ||
the performance of the Agreement. | the performance of the Agreement. | ||
- | 13.2 Failing | + | 13.2 Failing |
occurrence, and unless emergency proceedings are necessary, the disagreements or | occurrence, and unless emergency proceedings are necessary, the disagreements or | ||
- | disputes | + | disputes shall be referred |
diligent Party. | diligent Party. | ||
- | ARTICLE 14 –COMMUNICATION | + | ==== ARTICLE 14 – COMMUNICATION |
- | Any request | + | Any request concerning this Agreement, especially prior authorization request, |
- | have | + | have to be sent to the contacts indicated on this website |
http:// | http:// | ||
The Agreement includes fourteen (14) articles. | The Agreement includes fourteen (14) articles. | ||