| 2 | 2 |
Source: https://github.com/infobyte/faraday
|
| 3 | 3 |
|
| 4 | 4 |
Files: *
|
| 5 | |
Copyright: 2013 Infobyte LLC (http://www.infobytesec.com/)
|
|
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Copyright: 2013-2015 Infobyte LLC (http://www.infobytesec.com/)
|
| 6 | 6 |
License: GPL-3
|
| 7 | 7 |
|
|
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Files: gui/qt3/pyqonsole/widget.py shell/core/ca.py shell/core/helpers.py
|
|
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shell/core/qt3/pty_.py shell/core/history.py shell/core/screen.py
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|
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shell/controller/qt3/procctrl.py shell/controller/qt3/emulation.py
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shell/controller/qt3/session.py shell/controller/qt3/keytrans.py
|
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shell/controller/qt3/emuVt102.py
|
|
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Copyright: 2003 LOGILAB S.A. (Paris, FRANCE)
|
|
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2005-2006 LOGILAB S.A. (Paris, FRANCE)
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|
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2005-2006 CEA Grenoble
|
|
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License: CECILL-2
|
|
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|
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Files: views/reports/_attachments/script/jquery-1.11.2.js
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views/reports/_attachments/script/jquery.ui.tabs.min.js
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Copyright: 2005, 2014 jQuery Foundation, Inc. and other contributors
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License: MIT
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Files: views/reports/_attachments/script/angular-cookies.js
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views/reports/_attachments/script/angular.js
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views/reports/_attachments/script/angular.min.js
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Copyright: 2010-2014 Google, Inc. http://angularjs.org
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License: MIT
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|
|
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Files: views/reports/_attachments/script/jquery.qtip.js
|
|
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Copyright: 2014 Craig Michael Thompson
|
|
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License: MIT
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|
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|
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Files: views/reports/_attachments/script/ZeroClipboard.min.js
|
|
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Copyright: 2014 Jon Rohan, James M. Greene
|
|
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License: MIT
|
|
36 |
|
|
37 |
Files: views/reports/_attachments/script/cryptojs-sha1.js
|
|
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Copyright: 2009-2013 by Jeff Mott
|
|
39 |
License: BSD-3-clause
|
|
40 |
|
|
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Files: plugins/repo/nessus/dotnessus_v2.py plugins/repo/nessus/pynessus.py
|
|
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Copyright: 2010 Dustin Seibel
|
|
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License: GPL-2+
|
|
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|
|
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Files: views/reports/_attachments/script/couch.js
|
|
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License: Apache-2.0
|
|
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Licensed under the Apache License, Version 2.0 (the "License");
|
|
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you may not use this file except in compliance with the License.
|
|
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You may obtain a copy of the License at
|
|
50 |
.
|
|
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http://www.apache.org/licenses/LICENSE-2.0
|
|
52 |
.
|
|
53 |
Unless required by applicable law or agreed to in writing, software
|
|
54 |
distributed under the License is distributed on an "AS IS" BASIS,
|
|
55 |
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
|
|
56 |
See the License for the specific language governing permissions and
|
|
57 |
limitations under the License.
|
|
58 |
.
|
|
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On Debian systems, the complete text of the Apache 2 License can be found in
|
|
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"/usr/share/common-licenses/Apache-2.0".
|
|
61 |
|
| 8 | 62 |
Files: debian/*
|
| 9 | |
Copyright: 2014 Sophie Brun <[email protected]>
|
|
63 |
Copyright: 2014-2015 Sophie Brun <[email protected]>
|
| 10 | 64 |
License: GPL-3
|
| 11 | 65 |
|
| 12 | 66 |
License: GPL-3
|
|
| 26 | 80 |
Public License version 3 can be found in
|
| 27 | 81 |
"/usr/share/common-licenses/GPL-3".
|
| 28 | 82 |
|
|
83 |
License: MIT
|
|
84 |
Permission is hereby granted, free of charge, to any person obtaining a copy
|
|
85 |
of this software and associated documentation files (the "Software"), to deal
|
|
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in the Software without restriction, including without limitation the rights
|
|
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to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
|
|
88 |
copies of the Software, and to permit persons to whom the Software is
|
|
89 |
furnished to do so, subject to the following conditions:
|
|
90 |
.
|
|
91 |
The above copyright notice and this permission notice shall be included in
|
|
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all copies or substantial portions of the Software.
|
|
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.
|
|
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
|
|
95 |
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
|
|
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FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
|
|
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AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
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|
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LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
|
|
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OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
|
|
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THE SOFTWARE.
|
|
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|
|
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License: BSD-3-clause
|
|
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All rights reserved.
|
|
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.
|
|
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Redistribution and use in source and binary forms, with or without
|
|
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modification, are permitted provided that the following conditions are met:
|
|
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.
|
|
108 |
1. Redistributions of source code must retain the above copyright notice,
|
|
109 |
this list of conditions and the following disclaimer.
|
|
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.
|
|
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2. Redistributions in binary form must reproduce the above copyright
|
|
112 |
notice, this list of conditions and the following disclaimer in the
|
|
113 |
documentation and/or other materials provided with the distribution.
|
|
114 |
.
|
|
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3. Neither the name of the copyright holder nor the names of its
|
|
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contributors may be used to endorse or promote products derived from this
|
|
117 |
software without specific prior written permission.
|
|
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.
|
|
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
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|
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IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
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|
121 |
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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|
122 |
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
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|
123 |
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
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|
124 |
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
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|
125 |
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
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|
126 |
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
|
|
127 |
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
|
|
128 |
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
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|
129 |
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
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|
|
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License: GPL-2+
|
|
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This package is free software; you can redistribute it and/or modify
|
|
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it under the terms of the GNU General Public License as published by
|
|
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the Free Software Foundation; either version 2 of the License, or
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|
135 |
(at your option) any later version.
|
|
136 |
.
|
|
137 |
This package is distributed in the hope that it will be useful,
|
|
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but WITHOUT ANY WARRANTY; without even the implied warranty of
|
|
139 |
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
|
|
140 |
GNU General Public License for more details.
|
|
141 |
.
|
|
142 |
You should have received a copy of the GNU General Public License
|
|
143 |
along with this program. If not, see <http://www.gnu.org/licenses/>.
|
|
144 |
.
|
|
145 |
On Debian systems, the complete text of the GNU General Public
|
|
146 |
License version 2 can be found in "/usr/share/common-licenses/GPL-2".
|
|
147 |
|
|
148 |
License: CECILL-2
|
|
149 |
This Agreement is a Free Software license agreement that is the result
|
|
150 |
of discussions between its authors in order to ensure compliance with
|
|
151 |
the two main principles guiding its drafting:
|
|
152 |
.
|
|
153 |
* firstly, compliance with the principles governing the distribution
|
|
154 |
of Free Software: access to source code, broad rights granted to
|
|
155 |
users,
|
|
156 |
* secondly, the election of a governing law, French law, with which
|
|
157 |
it is conformant, both as regards the law of torts and
|
|
158 |
intellectual property law, and the protection that it offers to
|
|
159 |
both authors and holders of the economic rights over software.
|
|
160 |
.
|
|
161 |
The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
|
|
162 |
license are:
|
|
163 |
.
|
|
164 |
Commissariat à l'Energie Atomique - CEA, a public scientific, technical
|
|
165 |
and industrial research establishment, having its principal place of
|
|
166 |
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
|
|
167 |
.
|
|
168 |
Centre National de la Recherche Scientifique - CNRS, a public scientific
|
|
169 |
and technological establishment, having its principal place of business
|
|
170 |
at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
|
|
171 |
.
|
|
172 |
Institut National de Recherche en Informatique et en Automatique -
|
|
173 |
INRIA, a public scientific and technological establishment, having its
|
|
174 |
principal place of business at Domaine de Voluceau, Rocquencourt, BP
|
|
175 |
105, 78153 Le Chesnay cedex, France.
|
|
176 |
.
|
|
177 |
Preamble
|
|
178 |
.
|
|
179 |
The purpose of this Free Software license agreement is to grant users
|
|
180 |
the right to modify and redistribute the software governed by this
|
|
181 |
license within the framework of an open source distribution model.
|
|
182 |
.
|
|
183 |
The exercising of these rights is conditional upon certain obligations
|
|
184 |
for users so as to preserve this status for all subsequent
|
|
185 |
redistributions.
|
|
186 |
.
|
|
187 |
In consideration of access to the source code and the rights to copy,
|
|
188 |
modify and redistribute granted by the license, users are provided only
|
|
189 |
with a limited warranty and the software's author, the holder of the
|
|
190 |
economic rights, and the successive licensors only have limited liability.
|
|
191 |
.
|
|
192 |
In this respect, the risks associated with loading, using, modifying
|
|
193 |
and/or developing or reproducing the software by the user are brought to
|
|
194 |
the user's attention, given its Free Software status, which may make it
|
|
195 |
complicated to use, with the result that its use is reserved for
|
|
196 |
developers and experienced professionals having in-depth computer
|
|
197 |
knowledge. Users are therefore encouraged to load and test the
|
|
198 |
suitability of the software as regards their requirements in conditions
|
|
199 |
enabling the security of their systems and/or data to be ensured and,
|
|
200 |
more generally, to use and operate it in the same conditions of
|
|
201 |
security. This Agreement may be freely reproduced and published,
|
|
202 |
provided it is not altered, and that no provisions are either added or
|
|
203 |
removed herefrom.
|
|
204 |
.
|
|
205 |
This Agreement may apply to any or all software for which the holder of
|
|
206 |
the economic rights decides to submit the use thereof to its provisions.
|
|
207 |
.
|
|
208 |
Article 1 - DEFINITIONS
|
|
209 |
.
|
|
210 |
For the purpose of this Agreement, when the following expressions
|
|
211 |
commence with a capital letter, they shall have the following meaning:
|
|
212 |
.
|
|
213 |
Agreement: means this license agreement, and its possible subsequent
|
|
214 |
versions and annexes.
|
|
215 |
.
|
|
216 |
Software: means the software in its Object Code and/or Source Code form
|
|
217 |
and, where applicable, its documentation, "as is" when the Licensee
|
|
218 |
accepts the Agreement.
|
|
219 |
.
|
|
220 |
Initial Software: means the Software in its Source Code and possibly its
|
|
221 |
Object Code form and, where applicable, its documentation, "as is" when
|
|
222 |
it is first distributed under the terms and conditions of the Agreement.
|
|
223 |
.
|
|
224 |
Modified Software: means the Software modified by at least one
|
|
225 |
Contribution.
|
|
226 |
.
|
|
227 |
Source Code: means all the Software's instructions and program lines to
|
|
228 |
which access is required so as to modify the Software.
|
|
229 |
.
|
|
230 |
Object Code: means the binary files originating from the compilation of
|
|
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the Source Code.
|
|
232 |
.
|
|
233 |
Holder: means the holder(s) of the economic rights over the Initial
|
|
234 |
Software.
|
|
235 |
.
|
|
236 |
Licensee: means the Software user(s) having accepted the Agreement.
|
|
237 |
.
|
|
238 |
Contributor: means a Licensee having made at least one Contribution.
|
|
239 |
.
|
|
240 |
Licensor: means the Holder, or any other individual or legal entity, who
|
|
241 |
distributes the Software under the Agreement.
|
|
242 |
.
|
|
243 |
Contribution: means any or all modifications, corrections, translations,
|
|
244 |
adaptations and/or new functions integrated into the Software by any or
|
|
245 |
all Contributors, as well as any or all Internal Modules.
|
|
246 |
.
|
|
247 |
Module: means a set of sources files including their documentation that
|
|
248 |
enables supplementary functions or services in addition to those offered
|
|
249 |
by the Software.
|
|
250 |
.
|
|
251 |
External Module: means any or all Modules, not derived from the
|
|
252 |
Software, so that this Module and the Software run in separate address
|
|
253 |
spaces, with one calling the other when they are run.
|
|
254 |
.
|
|
255 |
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.
|
|
257 |
.
|
|
258 |
GNU GPL: means the GNU General Public License version 2 or any
|
|
259 |
subsequent version, as published by the Free Software Foundation Inc.
|
|
260 |
.
|
|
261 |
Parties: mean both the Licensee and the Licensor.
|
|
262 |
.
|
|
263 |
These expressions may be used both in singular and plural form.
|
|
264 |
.
|
|
265 |
Article 2 - PURPOSE
|
|
266 |
.
|
|
267 |
The purpose of the Agreement is the grant by the Licensor to the
|
|
268 |
Licensee of a non-exclusive, transferable and worldwide license for the
|
|
269 |
Software as set forth in Article 5 hereinafter for the whole term of the
|
|
270 |
protection granted by the rights over said Software.
|
|
271 |
.
|
|
272 |
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
|
|
275 |
following events:
|
|
276 |
.
|
|
277 |
* (i) loading the Software by any or all means, notably, by
|
|
278 |
downloading from a remote server, or by loading from a physical
|
|
279 |
medium;
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|
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* (ii) the first time the Licensee exercises any of the rights
|
|
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granted hereunder.
|
|
282 |
.
|
|
283 |
3.2 One copy of the Agreement, containing a notice relating to the
|
|
284 |
characteristics of the Software, to the limited warranty, and to the
|
|
285 |
fact that its use is restricted to experienced users has been provided
|
|
286 |
to the Licensee prior to its acceptance as set forth in Article 3.1
|
|
287 |
hereinabove, and the Licensee hereby acknowledges that it has read and
|
|
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understood it.
|
|
289 |
.
|
|
290 |
Article 4 - EFFECTIVE DATE AND TERM
|
|
291 |
.
|
|
292 |
4.1 EFFECTIVE DATE
|
|
293 |
.
|
|
294 |
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.
|
|
296 |
.
|
|
297 |
4.2 TERM
|
|
298 |
.
|
|
299 |
The Agreement shall remain in force for the entire legal term of
|
|
300 |
protection of the economic rights over the Software.
|
|
301 |
.
|
|
302 |
Article 5 - SCOPE OF RIGHTS GRANTED
|
|
303 |
.
|
|
304 |
The Licensor hereby grants to the Licensee, who accepts, the following
|
|
305 |
rights over the Software for any or all use, and for the term of the
|
|
306 |
Agreement, on the basis of the terms and conditions set forth hereinafter.
|
|
307 |
.
|
|
308 |
Besides, if the Licensor owns or comes to own one or more patents
|
|
309 |
protecting all or part of the functions of the Software or of its
|
|
310 |
components, the Licensor undertakes not to enforce the rights granted by
|
|
311 |
these patents against successive Licensees using, exploiting or
|
|
312 |
modifying the Software. If these patents are transferred, the Licensor
|
|
313 |
undertakes to have the transferees subscribe to the obligations set
|
|
314 |
forth in this paragraph.
|
|
315 |
.
|
|
316 |
5.1 RIGHT OF USE
|
|
317 |
.
|
|
318 |
The Licensee is authorized to use the Software, without any limitation
|
|
319 |
as to its fields of application, with it being hereinafter specified
|
|
320 |
that this comprises:
|
|
321 |
.
|
|
322 |
1. permanent or temporary reproduction of all or part of the Software
|
|
323 |
by any or all means and in any or all form.
|
|
324 |
.
|
|
325 |
2. loading, displaying, running, or storing the Software on any or
|
|
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all medium.
|
|
327 |
.
|
|
328 |
3. entitlement to observe, study or test its operation so as to
|
|
329 |
determine the ideas and principles behind any or all constituent
|
|
330 |
elements of said Software. This shall apply when the Licensee
|
|
331 |
carries out any or all loading, displaying, running, transmission
|
|
332 |
or storage operation as regards the Software, that it is entitled
|
|
333 |
to carry out hereunder.
|
|
334 |
.
|
|
335 |
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
|
|
336 |
.
|
|
337 |
The right to make Contributions includes the right to translate, adapt,
|
|
338 |
arrange, or make any or all modifications to the Software, and the right
|
|
339 |
to reproduce the resulting software.
|
|
340 |
.
|
|
341 |
The Licensee is authorized to make any or all Contributions to the
|
|
342 |
Software provided that it includes an explicit notice that it is the
|
|
343 |
author of said Contribution and indicates the date of the creation
|
|
344 |
thereof.
|
|
345 |
.
|
|
346 |
5.3 RIGHT OF DISTRIBUTION
|
|
347 |
.
|
|
348 |
In particular, the right of distribution includes the right to publish,
|
|
349 |
transmit and communicate the Software to the general public on any or
|
|
350 |
all medium, and by any or all means, and the right to market, either in
|
|
351 |
consideration of a fee, or free of charge, one or more copies of the
|
|
352 |
Software by any means.
|
|
353 |
.
|
|
354 |
The Licensee is further authorized to distribute copies of the modified
|
|
355 |
or unmodified Software to third parties according to the terms and
|
|
356 |
conditions set forth hereinafter.
|
|
357 |
.
|
|
358 |
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
|
|
359 |
.
|
|
360 |
The Licensee is authorized to distribute true copies of the Software in
|
|
361 |
Source Code or Object Code form, provided that said distribution
|
|
362 |
complies with all the provisions of the Agreement and is accompanied by:
|
|
363 |
.
|
|
364 |
1. a copy of the Agreement,
|
|
365 |
.
|
|
366 |
2. a notice relating to the limitation of both the Licensor's
|
|
367 |
warranty and liability as set forth in Articles 8 and 9,
|
|
368 |
.
|
|
369 |
and that, in the event that only the Object Code of the Software is
|
|
370 |
redistributed, the Licensee allows future Licensees unhindered access to
|
|
371 |
the full Source Code of the Software by indicating how to access it, it
|
|
372 |
being understood that the additional cost of acquiring the Source Code
|
|
373 |
shall not exceed the cost of transferring the data.
|
|
374 |
.
|
|
375 |
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
|
|
376 |
.
|
|
377 |
When the Licensee makes a Contribution to the Software, the terms and
|
|
378 |
conditions for the distribution of the resulting Modified Software
|
|
379 |
become subject to all the provisions of this Agreement.
|
|
380 |
.
|
|
381 |
The Licensee is authorized to distribute the Modified Software, in
|
|
382 |
source code or object code form, provided that said distribution
|
|
383 |
complies with all the provisions of the Agreement and is accompanied by:
|
|
384 |
.
|
|
385 |
1. a copy of the Agreement,
|
|
386 |
.
|
|
387 |
2. a notice relating to the limitation of both the Licensor's
|
|
388 |
warranty and liability as set forth in Articles 8 and 9,
|
|
389 |
.
|
|
390 |
and that, in the event that only the object code of the Modified
|
|
391 |
Software is redistributed, the Licensee allows future Licensees
|
|
392 |
unhindered access to the full source code of the Modified Software by
|
|
393 |
indicating how to access it, it being understood that the additional
|
|
394 |
cost of acquiring the source code shall not exceed the cost of
|
|
395 |
transferring the data.
|
|
396 |
.
|
|
397 |
5.3.3 DISTRIBUTION OF EXTERNAL MODULES
|
|
398 |
.
|
|
399 |
When the Licensee has developed an External Module, the terms and
|
|
400 |
conditions of this Agreement do not apply to said External Module, that
|
|
401 |
may be distributed under a separate license agreement.
|
|
402 |
.
|
|
403 |
5.3.4 COMPATIBILITY WITH THE GNU GPL
|
|
404 |
.
|
|
405 |
The Licensee can include a code that is subject to the provisions of one
|
|
406 |
of the versions of the GNU GPL in the Modified or unmodified Software,
|
|
407 |
and distribute that entire code under the terms of the same version of
|
|
408 |
the GNU GPL.
|
|
409 |
.
|
|
410 |
The Licensee can include the Modified or unmodified Software in a code
|
|
411 |
that is subject to the provisions of one of the versions of the GNU GPL,
|
|
412 |
and distribute that entire code under the terms of the same version of
|
|
413 |
the GNU GPL.
|
|
414 |
.
|
|
415 |
Article 6 - INTELLECTUAL PROPERTY
|
|
416 |
.
|
|
417 |
6.1 OVER THE INITIAL SOFTWARE
|
|
418 |
.
|
|
419 |
The Holder owns the economic rights over the Initial Software. Any or
|
|
420 |
all use of the Initial Software is subject to compliance with the terms
|
|
421 |
and conditions under which the Holder has elected to distribute its work
|
|
422 |
and no one shall be entitled to modify the terms and conditions for the
|
|
423 |
distribution of said Initial Software.
|
|
424 |
.
|
|
425 |
The Holder undertakes that the Initial Software will remain ruled at
|
|
426 |
least by this Agreement, for the duration set forth in Article 4.2.
|
|
427 |
.
|
|
428 |
6.2 OVER THE CONTRIBUTIONS
|
|
429 |
.
|
|
430 |
The Licensee who develops a Contribution is the owner of the
|
|
431 |
intellectual property rights over this Contribution as defined by
|
|
432 |
applicable law.
|
|
433 |
.
|
|
434 |
6.3 OVER THE EXTERNAL MODULES
|
|
435 |
.
|
|
436 |
The Licensee who develops an External Module is the owner of the
|
|
437 |
intellectual property rights over this External Module as defined by
|
|
438 |
applicable law and is free to choose the type of agreement that shall
|
|
439 |
govern its distribution.
|
|
440 |
.
|
|
441 |
6.4 JOINT PROVISIONS
|
|
442 |
.
|
|
443 |
The Licensee expressly undertakes:
|
|
444 |
.
|
|
445 |
1. not to remove, or modify, in any manner, the intellectual property
|
|
446 |
notices attached to the Software;
|
|
447 |
.
|
|
448 |
2. to reproduce said notices, in an identical manner, in the copies
|
|
449 |
of the Software modified or not.
|
|
450 |
.
|
|
451 |
The Licensee undertakes not to directly or indirectly infringe the
|
|
452 |
intellectual property rights of the Holder and/or Contributors on the
|
|
453 |
Software and to take, where applicable, vis-à-vis its staff, any and all
|
|
454 |
measures required to ensure respect of said intellectual property rights
|
|
455 |
of the Holder and/or Contributors.
|
|
456 |
.
|
|
457 |
Article 7 - RELATED SERVICES
|
|
458 |
.
|
|
459 |
7.1 Under no circumstances shall the Agreement oblige the Licensor to
|
|
460 |
provide technical assistance or maintenance services for the Software.
|
|
461 |
.
|
|
462 |
However, the Licensor is entitled to offer this type of services. The
|
|
463 |
terms and conditions of such technical assistance, and/or such
|
|
464 |
maintenance, shall be set forth in a separate instrument. Only the
|
|
465 |
Licensor offering said maintenance and/or technical assistance services
|
|
466 |
shall incur liability therefor.
|
|
467 |
.
|
|
468 |
7.2 Similarly, any Licensor is entitled to offer to its licensees, under
|
|
469 |
its sole responsibility, a warranty, that shall only be binding upon
|
|
470 |
itself, for the redistribution of the Software and/or the Modified
|
|
471 |
Software, under terms and conditions that it is free to decide. Said
|
|
472 |
warranty, and the financial terms and conditions of its application,
|
|
473 |
shall be subject of a separate instrument executed between the Licensor
|
|
474 |
and the Licensee.
|
|
475 |
.
|
|
476 |
Article 8 - LIABILITY
|
|
477 |
.
|
|
478 |
8.1 Subject to the provisions of Article 8.2, the Licensee shall be
|
|
479 |
entitled to claim compensation for any direct loss it may have suffered
|
|
480 |
from the Software as a result of a fault on the part of the relevant
|
|
481 |
Licensor, subject to providing evidence thereof.
|
|
482 |
.
|
|
483 |
8.2 The Licensor's liability is limited to the commitments made under
|
|
484 |
this Agreement and shall not be incurred as a result of in particular:
|
|
485 |
(i) loss due the Licensee's total or partial failure to fulfill its
|
|
486 |
obligations, (ii) direct or consequential loss that is suffered by the
|
|
487 |
Licensee due to the use or performance of the Software, and (iii) more
|
|
488 |
generally, any consequential loss. In particular the Parties expressly
|
|
489 |
agree that any or all pecuniary or business loss (i.e. loss of data,
|
|
490 |
loss of profits, operating loss, loss of customers or orders,
|
|
491 |
opportunity cost, any disturbance to business activities) or any or all
|
|
492 |
legal proceedings instituted against the Licensee by a third party,
|
|
493 |
shall constitute consequential loss and shall not provide entitlement to
|
|
494 |
any or all compensation from the Licensor.
|
|
495 |
.
|
|
496 |
Article 9 - WARRANTY
|
|
497 |
.
|
|
498 |
9.1 The Licensee acknowledges that the scientific and technical
|
|
499 |
state-of-the-art when the Software was distributed did not enable all
|
|
500 |
possible uses to be tested and verified, nor for the presence of
|
|
501 |
possible defects to be detected. In this respect, the Licensee's
|
|
502 |
attention has been drawn to the risks associated with loading, using,
|
|
503 |
modifying and/or developing and reproducing the Software which are
|
|
504 |
reserved for experienced users.
|
|
505 |
.
|
|
506 |
The Licensee shall be responsible for verifying, by any or all means,
|
|
507 |
the suitability of the product for its requirements, its good working
|
|
508 |
order, and for ensuring that it shall not cause damage to either persons
|
|
509 |
or properties.
|
|
510 |
.
|
|
511 |
9.2 The Licensor hereby represents, in good faith, that it is entitled
|
|
512 |
to grant all the rights over the Software (including in particular the
|
|
513 |
rights set forth in Article 5).
|
|
514 |
.
|
|
515 |
9.3 The Licensee acknowledges that the Software is supplied "as is" by
|
|
516 |
the Licensor without any other express or tacit warranty, other than
|
|
517 |
that provided for in Article 9.2 and, in particular, without any warranty
|
|
518 |
as to its commercial value, its secured, safe, innovative or relevant
|
|
519 |
nature.
|
|
520 |
.
|
|
521 |
Specifically, the Licensor does not warrant that the Software is free
|
|
522 |
from any error, that it will operate without interruption, that it will
|
|
523 |
be compatible with the Licensee's own equipment and software
|
|
524 |
configuration, nor that it will meet the Licensee's requirements.
|
|
525 |
.
|
|
526 |
9.4 The Licensor does not either expressly or tacitly warrant that the
|
|
527 |
Software does not infringe any third party intellectual property right
|
|
528 |
relating to a patent, software or any other property right. Therefore,
|
|
529 |
the Licensor disclaims any and all liability towards the Licensee
|
|
530 |
arising out of any or all proceedings for infringement that may be
|
|
531 |
instituted in respect of the use, modification and redistribution of the
|
|
532 |
Software. Nevertheless, should such proceedings be instituted against
|
|
533 |
the Licensee, the Licensor shall provide it with technical and legal
|
|
534 |
assistance for its defense. Such technical and legal assistance shall be
|
|
535 |
decided on a case-by-case basis between the relevant Licensor and the
|
|
536 |
Licensee pursuant to a memorandum of understanding. The Licensor
|
|
537 |
disclaims any and all liability as regards the Licensee's use of the
|
|
538 |
name of the Software. No warranty is given as regards the existence of
|
|
539 |
prior rights over the name of the Software or as regards the existence
|
|
540 |
of a trademark.
|
|
541 |
.
|
|
542 |
Article 10 - TERMINATION
|
|
543 |
.
|
|
544 |
10.1 In the event of a breach by the Licensee of its obligations
|
|
545 |
hereunder, the Licensor may automatically terminate this Agreement
|
|
546 |
thirty (30) days after notice has been sent to the Licensee and has
|
|
547 |
remained ineffective.
|
|
548 |
.
|
|
549 |
10.2 A Licensee whose Agreement is terminated shall no longer be
|
|
550 |
authorized to use, modify or distribute the Software. However, any
|
|
551 |
licenses that it may have granted prior to termination of the Agreement
|
|
552 |
shall remain valid subject to their having been granted in compliance
|
|
553 |
with the terms and conditions hereof.
|
|
554 |
.
|
|
555 |
Article 11 - MISCELLANEOUS
|
|
556 |
.
|
|
557 |
11.1 EXCUSABLE EVENTS
|
|
558 |
.
|
|
559 |
Neither Party shall be liable for any or all delay, or failure to
|
|
560 |
perform the Agreement, that may be attributable to an event of force
|
|
561 |
majeure, an act of God or an outside cause, such as defective
|
|
562 |
functioning or interruptions of the electricity or telecommunications
|
|
563 |
networks, network paralysis following a virus attack, intervention by
|
|
564 |
government authorities, natural disasters, water damage, earthquakes,
|
|
565 |
fire, explosions, strikes and labor unrest, war, etc.
|
|
566 |
.
|
|
567 |
11.2 Any failure by either Party, on one or more occasions, to invoke
|
|
568 |
one or more of the provisions hereof, shall under no circumstances be
|
|
569 |
interpreted as being a waiver by the interested Party of its right to
|
|
570 |
invoke said provision(s) subsequently.
|
|
571 |
.
|
|
572 |
11.3 The Agreement cancels and replaces any or all previous agreements,
|
|
573 |
whether written or oral, between the Parties and having the same
|
|
574 |
purpose, and constitutes the entirety of the agreement between said
|
|
575 |
Parties concerning said purpose. No supplement or modification to the
|
|
576 |
terms and conditions hereof shall be effective as between the Parties
|
|
577 |
unless it is made in writing and signed by their duly authorized
|
|
578 |
representatives.
|
|
579 |
.
|
|
580 |
11.4 In the event that one or more of the provisions hereof were to
|
|
581 |
conflict with a current or future applicable act or legislative text,
|
|
582 |
said act or legislative text shall prevail, and the Parties shall make
|
|
583 |
the necessary amendments so as to comply with said act or legislative
|
|
584 |
text. All other provisions shall remain effective. Similarly, invalidity
|
|
585 |
of a provision of the Agreement, for any reason whatsoever, shall not
|
|
586 |
cause the Agreement as a whole to be invalid.
|
|
587 |
.
|
|
588 |
11.5 LANGUAGE
|
|
589 |
.
|
|
590 |
The Agreement is drafted in both French and English and both versions
|
|
591 |
are deemed authentic.
|
|
592 |
.
|
|
593 |
Article 12 - NEW VERSIONS OF THE AGREEMENT
|
|
594 |
.
|
|
595 |
12.1 Any person is authorized to duplicate and distribute copies of this
|
|
596 |
Agreement.
|
|
597 |
.
|
|
598 |
12.2 So as to ensure coherence, the wording of this Agreement is
|
|
599 |
protected and may only be modified by the authors of the License, who
|
|
600 |
reserve the right to periodically publish updates or new versions of the
|
|
601 |
Agreement, each with a separate number. These subsequent versions may
|
|
602 |
address new issues encountered by Free Software.
|
|
603 |
.
|
|
604 |
12.3 Any Software distributed under a given version of the Agreement may
|
|
605 |
only be subsequently distributed under the same version of the Agreement
|
|
606 |
or a subsequent version, subject to the provisions of Article 5.3.4.
|
|
607 |
.
|
|
608 |
Article 13 - GOVERNING LAW AND JURISDICTION
|
|
609 |
.
|
|
610 |
13.1 The Agreement is governed by French law. The Parties agree to
|
|
611 |
endeavor to seek an amicable solution to any disagreements or disputes
|
|
612 |
that may arise during the performance of the Agreement.
|
|
613 |
.
|
|
614 |
13.2 Failing an amicable solution within two (2) months as from their
|
|
615 |
occurrence, and unless emergency proceedings are necessary, the
|
|
616 |
disagreements or disputes shall be referred to the Paris Courts having
|
|
617 |
jurisdiction, by the more diligent Party.
|
|
618 |
.
|
|
619 |
Version 2.0 dated 2006-09-05.
|