BrainVISA Research Licence¶
Downloadable licence text¶
| Language | Format |
| English | HTML |
| English | Open_Document |
| French | HTML |
| French | Open_Document |
BrainVISA Research License: free distribution license agreement exclusively for non-commercial research
Preamble
This agreement is a royalty free software license whose purpose is to grant users the freedom to use, modify and redistribute the software licensed hereunder for research purpose excluding any commercial use.
The exercise of these freedoms is subject to certain obligations on users in order to preserve this status during subsequent redistributions. The accessibility of the source code and the rights to copy, modify and redistribute it have the counterpart of offering users only a limited guarantee and imposing only a limited liability on the author of the software, the holder of the economic rights and the successive licensors.
In consideration of access to the software 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 near open source 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.
For the purpose of this Agreement, when the following expressions commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent versions and annexes.
Software: means the software in its Object Code and/or Source Code form and, where applicable, its documentation, "as is" when the Licensee accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its Object Code form and, where applicable, its documentation, "as is" when it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Contribution.
Source Code: means all the Software's instructions and program lines to which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the Source Code.
Holder: means the holder(s) of the economic rights over the Initial Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations, adaptations and/or new functions integrated into the Software by any or all Contributors, as well as any or all Internal Modules.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
The object of the Agreement is the grant by the Licensor to the Licensee of a non-exclusive, transferable and worldwide license of the Software as defined below in Article 5 for the entire term of protection of the Software's rights for research purposes only.
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.
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.
Notwithstanding the terms of section 5.4, Licensor grants to Licensee the following rights to the Software solely for research purposes and for the duration of the Agreement under the conditions detailed below.
The Licensee is authorized to use the Software only for research purposes, it being specified below that this includes:
1.the permanent or temporary reproduction of the Software in whole or in part by any means and in any form.
2.loading, displaying, executing, or storing the Software in any medium.
3.the opportunity to observe, study, or test its operation in order to determine the ideas and principles underlying any element of this Software; and this, when the Licensee performs any operation of loading, displaying, executing, transmitting or storing the Software that it is entitled to perform under the Agreement.
The right to make Contributions includes the right to translate, adapt, arrange or make any other modification to the Software and the right to reproduce the resulting software. The Licensee is authorized to make any Contribution to the Software provided that it explicitly mentions its name as the author of such Contribution and the date of its creation.
The distribution right includes in particular the right to distribute, transmit and communicate the Software to the public on any medium, by any means and for research purposes.
The Licensee is authorized to distribute copies of the Software, modified or not, to third parties under the conditions detailed below.
The Licensee is authorized to distribute certified copies of the Software, in Source Code or Object Code form, provided that such distribution complies with the provisions of the Agreement in their entirety and is accompanied:
1.a copy of the Agreement,
2.a warning regarding the limitation of the Licensor's warranty and liability as provided for in Articles 8 and 9,
3.and that, in the event that only the Object Code of the Software is redistributed, the Licensee allows effective access to the complete Software Source Code for a period of at least 3 years from the distribution of the Software, it being understood that the additional cost of acquiring the Source Code shall not exceed the simple cost of transferring the data.
When the Licensee makes a Contribution to the Software, the conditions of distribution of the resulting Modified Software are then subject to all the provisions of the Agreement.
The Licensee is authorized to distribute the Modified Software, in source code or object code form, provided that such distribution complies with the provisions of the Agreement in their entirety and is accompanied:
1.a copy of the Agreement,
2.a warning regarding the limitation of the Licensor's warranty and liability as provided for in Articles 8 and 9,
3.and, in the event that only the object code of the Modified Software is redistributed, a note specifying the conditions for effective access to the complete source code of the Modified Software, for a period of at least 3 years from the distribution of the Modified Software, it being understood that the additional cost of acquiring the source code shall not exceed the simple cost of transferring the data.
The rights granted by this license exclude any commercial use of the Software.A use of the Software is said to be commercial when a remuneration is received directly or indirectly. This includes, but is not limited to, the following:
the use or integration of all or part of the Software or the Modified Software in a product (software or not) that will be sold or made usable by third parties for a fee,
the use of all or part of the Software or the Modified Software in research aimed at developing commercial products (software or not),
the use of all or part of the Software or the Modified Software to provide a service for a fee.
If you are interested in a commercial use of the Software, you must contact its authors in order to receive authorization under the conditions they will set.
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.
The Licensee who has developed a Contribution is the owner of the intellectual property rights over it under the conditions defined by the applicable law.
The Licensee expressly undertakes:
1.not to remove or modify in any way whatsoever the intellectual property notices affixed to the Software;
2.to reproduce identically the said intellectual property notices on copies of the Software, modified or not.
The Licensee undertakes not to directly or indirectly infringe the intellectual property rights of the Holder and/or Contributors on the Software and to take, where applicable, vis-à-vis its staff, any and all measures required to ensure respect of said intellectual property rights of the Holder and/or Contributors.
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. These acts of maintenance and/or technical assistance shall engage only the sole responsibility of the Licensor who offers them.
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.
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.
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.
11.1 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 The Agreement is drafted in both French and English and both versions are deemed authentic.
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.
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.