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| 2 | |
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| 3 | ------------------ XIOS Licence --------------- |
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| 4 | |
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| 5 | |
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| 6 | |
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| 7 | XIOS is under CeCILL_V2 licence. See "Licence_CeCILL_V2-en.txt" file for an english |
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| 8 | version of the licence and "Licence_CeCILL_V2-fr.txt" for a french version. |
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| 9 | |
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| 10 | All files in the src directory are submitted to the Cecill Licence. |
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| 11 | |
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| 12 | |
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| 13 | |
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| 14 | XIOS use internally some other packages that are submitted to other free licence : |
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| 15 | |
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| 16 | |
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| 17 | - boost C++ library : http://www.boost.org |
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| 18 | ---> Boost software licence : http://www.boost.org/users/license.html |
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| 19 | |
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| 20 | |
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| 21 | - blitz++ : http://blitz.sourceforge.net/ |
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| 22 | ---> GNU LESSER GENERAL PUBLIC LICENSE V3 : https://www.gnu.org/licenses/lgpl.html |
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| 23 | |
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| 24 | |
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| 25 | - RapidXML : http://rapidxml.sourceforge.net/ |
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| 26 | ---> Boost software licence : http://www.boost.org/users/license.html |
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| 27 | |
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| 28 | |
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| 29 | - FCM : http://www.metoffice.gov.uk/research/collaboration/fcm |
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| 30 | ---> GNU GENERAL PUBLIC LICENSE V3 : https://www.gnu.org/licenses/lgpl.html |
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| 31 | |
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| 32 | |
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| 33 | |
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| 34 | --------------------------------------------------------------------------- |
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| 35 | |
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| 36 | Boost Software License - Version 1.0 - August 17th, 2003 |
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| 37 | |
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| 38 | Permission is hereby granted, free of charge, to any person or organization |
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| 39 | obtaining a copy of the software and accompanying documentation covered by |
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| 40 | this license (the "Software") to use, reproduce, display, distribute, |
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| 41 | execute, and transmit the Software, and to prepare derivative works of the |
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| 42 | Software, and to permit third-parties to whom the Software is furnished to |
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| 43 | do so, all subject to the following: |
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| 44 | |
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| 45 | The copyright notices in the Software and this entire statement, including |
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| 46 | the above license grant, this restriction and the following disclaimer, |
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| 47 | must be included in all copies of the Software, in whole or in part, and |
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| 48 | all derivative works of the Software, unless such copies or derivative |
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| 49 | works are solely in the form of machine-executable object code generated by |
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| 50 | a source language processor. |
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| 51 | |
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| 52 | THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR |
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| 53 | IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, |
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| 54 | FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT |
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| 55 | SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE |
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| 56 | FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, |
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| 57 | ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER |
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| 58 | DEALINGS IN THE SOFTWARE. |
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| 59 | |
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| 60 | |
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| 61 | ---------------------------------------------------------------------------- |
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| 62 | |
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| 63 | |
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| 64 | |
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| 65 | GNU LESSER GENERAL PUBLIC LICENSE |
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| 66 | Version 3, 29 June 2007 |
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| 67 | |
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| 68 | Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/> |
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| 69 | Everyone is permitted to copy and distribute verbatim copies |
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| 70 | of this license document, but changing it is not allowed. |
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| 71 | |
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| 72 | |
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| 73 | This version of the GNU Lesser General Public License incorporates |
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| 74 | the terms and conditions of version 3 of the GNU General Public |
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| 75 | License, supplemented by the additional permissions listed below. |
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| 76 | |
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| 77 | 0. Additional Definitions. |
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| 78 | |
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| 79 | As used herein, "this License" refers to version 3 of the GNU Lesser |
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| 80 | General Public License, and the "GNU GPL" refers to version 3 of the GNU |
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| 81 | General Public License. |
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| 82 | |
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| 83 | "The Library" refers to a covered work governed by this License, |
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| 84 | other than an Application or a Combined Work as defined below. |
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| 85 | |
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| 86 | An "Application" is any work that makes use of an interface provided |
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| 87 | by the Library, but which is not otherwise based on the Library. |
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| 88 | Defining a subclass of a class defined by the Library is deemed a mode |
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| 89 | of using an interface provided by the Library. |
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| 90 | |
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| 91 | A "Combined Work" is a work produced by combining or linking an |
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| 92 | Application with the Library. The particular version of the Library |
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| 93 | with which the Combined Work was made is also called the "Linked |
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| 94 | Version". |
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| 95 | |
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| 96 | The "Minimal Corresponding Source" for a Combined Work means the |
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| 97 | Corresponding Source for the Combined Work, excluding any source code |
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| 98 | for portions of the Combined Work that, considered in isolation, are |
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| 99 | based on the Application, and not on the Linked Version. |
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| 100 | |
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| 101 | The "Corresponding Application Code" for a Combined Work means the |
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| 102 | object code and/or source code for the Application, including any data |
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| 103 | and utility programs needed for reproducing the Combined Work from the |
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| 104 | Application, but excluding the System Libraries of the Combined Work. |
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| 105 | |
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| 106 | 1. Exception to Section 3 of the GNU GPL. |
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| 107 | |
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| 108 | You may convey a covered work under sections 3 and 4 of this License |
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| 109 | without being bound by section 3 of the GNU GPL. |
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| 110 | |
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| 111 | 2. Conveying Modified Versions. |
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| 112 | |
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| 113 | If you modify a copy of the Library, and, in your modifications, a |
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| 114 | facility refers to a function or data to be supplied by an Application |
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| 115 | that uses the facility (other than as an argument passed when the |
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| 116 | facility is invoked), then you may convey a copy of the modified |
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| 117 | version: |
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| 118 | |
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| 119 | a) under this License, provided that you make a good faith effort to |
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| 120 | ensure that, in the event an Application does not supply the |
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| 121 | function or data, the facility still operates, and performs |
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| 122 | whatever part of its purpose remains meaningful, or |
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| 123 | |
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| 124 | b) under the GNU GPL, with none of the additional permissions of |
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| 125 | this License applicable to that copy. |
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| 126 | |
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| 127 | 3. Object Code Incorporating Material from Library Header Files. |
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| 128 | |
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| 129 | The object code form of an Application may incorporate material from |
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| 130 | a header file that is part of the Library. You may convey such object |
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| 131 | code under terms of your choice, provided that, if the incorporated |
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| 132 | material is not limited to numerical parameters, data structure |
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| 133 | layouts and accessors, or small macros, inline functions and templates |
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| 134 | (ten or fewer lines in length), you do both of the following: |
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| 135 | |
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| 136 | a) Give prominent notice with each copy of the object code that the |
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| 137 | Library is used in it and that the Library and its use are |
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| 138 | covered by this License. |
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| 139 | |
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| 140 | b) Accompany the object code with a copy of the GNU GPL and this license |
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| 141 | document. |
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| 142 | |
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| 143 | 4. Combined Works. |
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| 144 | |
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| 145 | You may convey a Combined Work under terms of your choice that, |
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| 146 | taken together, effectively do not restrict modification of the |
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| 147 | portions of the Library contained in the Combined Work and reverse |
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| 148 | engineering for debugging such modifications, if you also do each of |
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| 149 | the following: |
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| 150 | |
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| 151 | a) Give prominent notice with each copy of the Combined Work that |
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| 152 | the Library is used in it and that the Library and its use are |
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| 153 | covered by this License. |
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| 154 | |
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| 155 | b) Accompany the Combined Work with a copy of the GNU GPL and this license |
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| 156 | document. |
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| 157 | |
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| 158 | c) For a Combined Work that displays copyright notices during |
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| 159 | execution, include the copyright notice for the Library among |
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| 160 | these notices, as well as a reference directing the user to the |
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| 161 | copies of the GNU GPL and this license document. |
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| 162 | |
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| 163 | d) Do one of the following: |
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| 164 | |
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| 165 | 0) Convey the Minimal Corresponding Source under the terms of this |
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| 166 | License, and the Corresponding Application Code in a form |
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| 167 | suitable for, and under terms that permit, the user to |
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| 168 | recombine or relink the Application with a modified version of |
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| 169 | the Linked Version to produce a modified Combined Work, in the |
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| 170 | manner specified by section 6 of the GNU GPL for conveying |
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| 171 | Corresponding Source. |
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| 172 | |
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| 173 | 1) Use a suitable shared library mechanism for linking with the |
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| 174 | Library. A suitable mechanism is one that (a) uses at run time |
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| 175 | a copy of the Library already present on the user's computer |
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| 176 | system, and (b) will operate properly with a modified version |
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| 177 | of the Library that is interface-compatible with the Linked |
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| 178 | Version. |
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| 179 | |
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| 180 | e) Provide Installation Information, but only if you would otherwise |
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| 181 | be required to provide such information under section 6 of the |
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| 182 | GNU GPL, and only to the extent that such information is |
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| 183 | necessary to install and execute a modified version of the |
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| 184 | Combined Work produced by recombining or relinking the |
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| 185 | Application with a modified version of the Linked Version. (If |
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| 186 | you use option 4d0, the Installation Information must accompany |
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| 187 | the Minimal Corresponding Source and Corresponding Application |
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| 188 | Code. If you use option 4d1, you must provide the Installation |
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| 189 | Information in the manner specified by section 6 of the GNU GPL |
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| 190 | for conveying Corresponding Source.) |
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| 191 | |
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| 192 | 5. Combined Libraries. |
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| 193 | |
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| 194 | You may place library facilities that are a work based on the |
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| 195 | Library side by side in a single library together with other library |
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| 196 | facilities that are not Applications and are not covered by this |
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| 197 | License, and convey such a combined library under terms of your |
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| 198 | choice, if you do both of the following: |
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| 199 | |
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| 200 | a) Accompany the combined library with a copy of the same work based |
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| 201 | on the Library, uncombined with any other library facilities, |
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| 202 | conveyed under the terms of this License. |
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| 203 | |
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| 204 | b) Give prominent notice with the combined library that part of it |
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| 205 | is a work based on the Library, and explaining where to find the |
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| 206 | accompanying uncombined form of the same work. |
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| 207 | |
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| 208 | 6. Revised Versions of the GNU Lesser General Public License. |
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| 209 | |
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| 210 | The Free Software Foundation may publish revised and/or new versions |
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| 211 | of the GNU Lesser General Public License from time to time. Such new |
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| 212 | versions will be similar in spirit to the present version, but may |
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| 213 | differ in detail to address new problems or concerns. |
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| 214 | |
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| 215 | Each version is given a distinguishing version number. If the |
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| 216 | Library as you received it specifies that a certain numbered version |
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| 217 | of the GNU Lesser General Public License "or any later version" |
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| 218 | applies to it, you have the option of following the terms and |
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| 219 | conditions either of that published version or of any later version |
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| 220 | published by the Free Software Foundation. If the Library as you |
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| 221 | received it does not specify a version number of the GNU Lesser |
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| 222 | General Public License, you may choose any version of the GNU Lesser |
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| 223 | General Public License ever published by the Free Software Foundation. |
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| 224 | |
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| 225 | If the Library as you received it specifies that a proxy can decide |
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| 226 | whether future versions of the GNU Lesser General Public License shall |
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| 227 | apply, that proxy's public statement of acceptance of any version is |
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| 228 | permanent authorization for you to choose that version for the |
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| 229 | Library. |
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| 230 | |
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| 231 | |
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| 232 | |
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| 233 | |
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| 234 | |
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| 235 | ------------------------------------------------------------------------ |
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| 236 | |
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| 237 | |
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| 238 | GNU GENERAL PUBLIC LICENSE |
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| 239 | Version 3, 29 June 2007 |
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| 240 | |
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| 241 | Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/> |
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| 242 | Everyone is permitted to copy and distribute verbatim copies |
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| 243 | of this license document, but changing it is not allowed. |
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| 244 | |
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| 245 | Preamble |
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| 246 | |
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| 247 | The GNU General Public License is a free, copyleft license for |
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| 248 | software and other kinds of works. |
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| 249 | |
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| 250 | The licenses for most software and other practical works are designed |
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| 251 | to take away your freedom to share and change the works. By contrast, |
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| 252 | the GNU General Public License is intended to guarantee your freedom to |
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| 253 | share and change all versions of a program--to make sure it remains free |
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| 254 | software for all its users. We, the Free Software Foundation, use the |
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| 255 | GNU General Public License for most of our software; it applies also to |
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| 256 | any other work released this way by its authors. You can apply it to |
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| 257 | your programs, too. |
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| 258 | |
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| 259 | When we speak of free software, we are referring to freedom, not |
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| 260 | price. Our General Public Licenses are designed to make sure that you |
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| 261 | have the freedom to distribute copies of free software (and charge for |
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| 262 | them if you wish), that you receive source code or can get it if you |
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| 263 | want it, that you can change the software or use pieces of it in new |
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| 264 | free programs, and that you know you can do these things. |
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| 265 | |
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| 266 | To protect your rights, we need to prevent others from denying you |
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| 267 | these rights or asking you to surrender the rights. Therefore, you have |
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| 268 | certain responsibilities if you distribute copies of the software, or if |
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| 269 | you modify it: responsibilities to respect the freedom of others. |
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| 270 | |
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| 271 | For example, if you distribute copies of such a program, whether |
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| 272 | gratis or for a fee, you must pass on to the recipients the same |
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| 273 | freedoms that you received. You must make sure that they, too, receive |
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| 274 | or can get the source code. And you must show them these terms so they |
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| 275 | know their rights. |
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| 276 | |
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| 277 | Developers that use the GNU GPL protect your rights with two steps: |
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| 278 | (1) assert copyright on the software, and (2) offer you this License |
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| 279 | giving you legal permission to copy, distribute and/or modify it. |
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| 280 | |
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| 281 | For the developers' and authors' protection, the GPL clearly explains |
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| 282 | that there is no warranty for this free software. For both users' and |
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| 283 | authors' sake, the GPL requires that modified versions be marked as |
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| 284 | changed, so that their problems will not be attributed erroneously to |
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| 285 | authors of previous versions. |
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| 286 | |
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| 287 | Some devices are designed to deny users access to install or run |
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| 288 | modified versions of the software inside them, although the manufacturer |
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| 289 | can do so. This is fundamentally incompatible with the aim of |
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| 290 | protecting users' freedom to change the software. The systematic |
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| 291 | pattern of such abuse occurs in the area of products for individuals to |
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| 292 | use, which is precisely where it is most unacceptable. Therefore, we |
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| 293 | have designed this version of the GPL to prohibit the practice for those |
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| 294 | products. If such problems arise substantially in other domains, we |
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| 295 | stand ready to extend this provision to those domains in future versions |
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| 296 | of the GPL, as needed to protect the freedom of users. |
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| 297 | |
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| 298 | Finally, every program is threatened constantly by software patents. |
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| 299 | States should not allow patents to restrict development and use of |
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| 300 | software on general-purpose computers, but in those that do, we wish to |
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| 301 | avoid the special danger that patents applied to a free program could |
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| 302 | make it effectively proprietary. To prevent this, the GPL assures that |
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| 303 | patents cannot be used to render the program non-free. |
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| 304 | |
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| 305 | The precise terms and conditions for copying, distribution and |
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| 306 | modification follow. |
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| 307 | |
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| 308 | TERMS AND CONDITIONS |
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| 309 | |
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| 310 | 0. Definitions. |
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| 311 | |
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| 312 | "This License" refers to version 3 of the GNU General Public License. |
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| 313 | |
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| 314 | "Copyright" also means copyright-like laws that apply to other kinds of |
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| 315 | works, such as semiconductor masks. |
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| 316 | |
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| 317 | "The Program" refers to any copyrightable work licensed under this |
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| 318 | License. Each licensee is addressed as "you". "Licensees" and |
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| 319 | "recipients" may be individuals or organizations. |
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| 320 | |
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| 321 | To "modify" a work means to copy from or adapt all or part of the work |
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| 322 | in a fashion requiring copyright permission, other than the making of an |
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| 323 | exact copy. The resulting work is called a "modified version" of the |
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| 324 | earlier work or a work "based on" the earlier work. |
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| 325 | |
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| 326 | A "covered work" means either the unmodified Program or a work based |
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| 327 | on the Program. |
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| 328 | |
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| 329 | To "propagate" a work means to do anything with it that, without |
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| 330 | permission, would make you directly or secondarily liable for |
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| 331 | infringement under applicable copyright law, except executing it on a |
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| 332 | computer or modifying a private copy. Propagation includes copying, |
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| 333 | distribution (with or without modification), making available to the |
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| 334 | public, and in some countries other activities as well. |
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| 335 | |
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| 336 | To "convey" a work means any kind of propagation that enables other |
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| 337 | parties to make or receive copies. Mere interaction with a user through |
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| 338 | a computer network, with no transfer of a copy, is not conveying. |
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| 339 | |
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| 340 | An interactive user interface displays "Appropriate Legal Notices" |
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| 341 | to the extent that it includes a convenient and prominently visible |
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| 342 | feature that (1) displays an appropriate copyright notice, and (2) |
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| 343 | tells the user that there is no warranty for the work (except to the |
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| 344 | extent that warranties are provided), that licensees may convey the |
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| 345 | work under this License, and how to view a copy of this License. If |
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| 346 | the interface presents a list of user commands or options, such as a |
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| 347 | menu, a prominent item in the list meets this criterion. |
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| 348 | |
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| 349 | 1. Source Code. |
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| 350 | |
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| 351 | The "source code" for a work means the preferred form of the work |
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| 352 | for making modifications to it. "Object code" means any non-source |
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| 353 | form of a work. |
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| 354 | |
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| 355 | A "Standard Interface" means an interface that either is an official |
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| 356 | standard defined by a recognized standards body, or, in the case of |
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| 357 | interfaces specified for a particular programming language, one that |
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| 358 | is widely used among developers working in that language. |
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| 359 | |
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| 360 | The "System Libraries" of an executable work include anything, other |
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| 361 | than the work as a whole, that (a) is included in the normal form of |
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| 362 | packaging a Major Component, but which is not part of that Major |
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| 363 | Component, and (b) serves only to enable use of the work with that |
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| 364 | Major Component, or to implement a Standard Interface for which an |
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| 365 | implementation is available to the public in source code form. A |
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| 366 | "Major Component", in this context, means a major essential component |
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| 367 | (kernel, window system, and so on) of the specific operating system |
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| 368 | (if any) on which the executable work runs, or a compiler used to |
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| 369 | produce the work, or an object code interpreter used to run it. |
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| 370 | |
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| 371 | The "Corresponding Source" for a work in object code form means all |
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| 372 | the source code needed to generate, install, and (for an executable |
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| 373 | work) run the object code and to modify the work, including scripts to |
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| 374 | control those activities. However, it does not include the work's |
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| 375 | System Libraries, or general-purpose tools or generally available free |
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| 376 | programs which are used unmodified in performing those activities but |
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| 377 | which are not part of the work. For example, Corresponding Source |
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| 378 | includes interface definition files associated with source files for |
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| 379 | the work, and the source code for shared libraries and dynamically |
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| 380 | linked subprograms that the work is specifically designed to require, |
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| 381 | such as by intimate data communication or control flow between those |
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| 382 | subprograms and other parts of the work. |
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| 383 | |
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| 384 | The Corresponding Source need not include anything that users |
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| 385 | can regenerate automatically from other parts of the Corresponding |
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| 386 | Source. |
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| 387 | |
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| 388 | The Corresponding Source for a work in source code form is that |
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| 389 | same work. |
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| 390 | |
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| 391 | 2. Basic Permissions. |
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| 392 | |
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| 393 | All rights granted under this License are granted for the term of |
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| 394 | copyright on the Program, and are irrevocable provided the stated |
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| 395 | conditions are met. This License explicitly affirms your unlimited |
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| 396 | permission to run the unmodified Program. The output from running a |
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| 397 | covered work is covered by this License only if the output, given its |
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| 398 | content, constitutes a covered work. This License acknowledges your |
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| 399 | rights of fair use or other equivalent, as provided by copyright law. |
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| 400 | |
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| 401 | You may make, run and propagate covered works that you do not |
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| 402 | convey, without conditions so long as your license otherwise remains |
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| 403 | in force. You may convey covered works to others for the sole purpose |
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| 404 | of having them make modifications exclusively for you, or provide you |
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| 405 | with facilities for running those works, provided that you comply with |
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| 406 | the terms of this License in conveying all material for which you do |
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| 407 | not control copyright. Those thus making or running the covered works |
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| 408 | for you must do so exclusively on your behalf, under your direction |
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| 409 | and control, on terms that prohibit them from making any copies of |
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| 410 | your copyrighted material outside their relationship with you. |
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| 411 | |
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| 412 | Conveying under any other circumstances is permitted solely under |
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| 413 | the conditions stated below. Sublicensing is not allowed; section 10 |
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| 414 | makes it unnecessary. |
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| 415 | |
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| 416 | 3. Protecting Users' Legal Rights From Anti-Circumvention Law. |
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| 417 | |
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| 418 | No covered work shall be deemed part of an effective technological |
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| 419 | measure under any applicable law fulfilling obligations under article |
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| 420 | 11 of the WIPO copyright treaty adopted on 20 December 1996, or |
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| 421 | similar laws prohibiting or restricting circumvention of such |
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| 422 | measures. |
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| 423 | |
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| 424 | When you convey a covered work, you waive any legal power to forbid |
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| 425 | circumvention of technological measures to the extent such circumvention |
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| 426 | is effected by exercising rights under this License with respect to |
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| 427 | the covered work, and you disclaim any intention to limit operation or |
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| 428 | modification of the work as a means of enforcing, against the work's |
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| 429 | users, your or third parties' legal rights to forbid circumvention of |
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| 430 | technological measures. |
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| 431 | |
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| 432 | 4. Conveying Verbatim Copies. |
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| 433 | |
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| 434 | You may convey verbatim copies of the Program's source code as you |
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| 435 | receive it, in any medium, provided that you conspicuously and |
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| 436 | appropriately publish on each copy an appropriate copyright notice; |
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| 437 | keep intact all notices stating that this License and any |
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| 438 | non-permissive terms added in accord with section 7 apply to the code; |
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| 439 | keep intact all notices of the absence of any warranty; and give all |
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| 440 | recipients a copy of this License along with the Program. |
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| 441 | |
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| 442 | You may charge any price or no price for each copy that you convey, |
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| 443 | and you may offer support or warranty protection for a fee. |
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| 444 | |
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| 445 | 5. Conveying Modified Source Versions. |
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| 446 | |
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| 447 | You may convey a work based on the Program, or the modifications to |
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| 448 | produce it from the Program, in the form of source code under the |
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| 449 | terms of section 4, provided that you also meet all of these conditions: |
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| 450 | |
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| 451 | a) The work must carry prominent notices stating that you modified |
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| 452 | it, and giving a relevant date. |
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| 453 | |
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| 454 | b) The work must carry prominent notices stating that it is |
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| 455 | released under this License and any conditions added under section |
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| 456 | 7. This requirement modifies the requirement in section 4 to |
---|
| 457 | "keep intact all notices". |
---|
| 458 | |
---|
| 459 | c) You must license the entire work, as a whole, under this |
---|
| 460 | License to anyone who comes into possession of a copy. This |
---|
| 461 | License will therefore apply, along with any applicable section 7 |
---|
| 462 | additional terms, to the whole of the work, and all its parts, |
---|
| 463 | regardless of how they are packaged. This License gives no |
---|
| 464 | permission to license the work in any other way, but it does not |
---|
| 465 | invalidate such permission if you have separately received it. |
---|
| 466 | |
---|
| 467 | d) If the work has interactive user interfaces, each must display |
---|
| 468 | Appropriate Legal Notices; however, if the Program has interactive |
---|
| 469 | interfaces that do not display Appropriate Legal Notices, your |
---|
| 470 | work need not make them do so. |
---|
| 471 | |
---|
| 472 | A compilation of a covered work with other separate and independent |
---|
| 473 | works, which are not by their nature extensions of the covered work, |
---|
| 474 | and which are not combined with it such as to form a larger program, |
---|
| 475 | in or on a volume of a storage or distribution medium, is called an |
---|
| 476 | "aggregate" if the compilation and its resulting copyright are not |
---|
| 477 | used to limit the access or legal rights of the compilation's users |
---|
| 478 | beyond what the individual works permit. Inclusion of a covered work |
---|
| 479 | in an aggregate does not cause this License to apply to the other |
---|
| 480 | parts of the aggregate. |
---|
| 481 | |
---|
| 482 | 6. Conveying Non-Source Forms. |
---|
| 483 | |
---|
| 484 | You may convey a covered work in object code form under the terms |
---|
| 485 | of sections 4 and 5, provided that you also convey the |
---|
| 486 | machine-readable Corresponding Source under the terms of this License, |
---|
| 487 | in one of these ways: |
---|
| 488 | |
---|
| 489 | a) Convey the object code in, or embodied in, a physical product |
---|
| 490 | (including a physical distribution medium), accompanied by the |
---|
| 491 | Corresponding Source fixed on a durable physical medium |
---|
| 492 | customarily used for software interchange. |
---|
| 493 | |
---|
| 494 | b) Convey the object code in, or embodied in, a physical product |
---|
| 495 | (including a physical distribution medium), accompanied by a |
---|
| 496 | written offer, valid for at least three years and valid for as |
---|
| 497 | long as you offer spare parts or customer support for that product |
---|
| 498 | model, to give anyone who possesses the object code either (1) a |
---|
| 499 | copy of the Corresponding Source for all the software in the |
---|
| 500 | product that is covered by this License, on a durable physical |
---|
| 501 | medium customarily used for software interchange, for a price no |
---|
| 502 | more than your reasonable cost of physically performing this |
---|
| 503 | conveying of source, or (2) access to copy the |
---|
| 504 | Corresponding Source from a network server at no charge. |
---|
| 505 | |
---|
| 506 | c) Convey individual copies of the object code with a copy of the |
---|
| 507 | written offer to provide the Corresponding Source. This |
---|
| 508 | alternative is allowed only occasionally and noncommercially, and |
---|
| 509 | only if you received the object code with such an offer, in accord |
---|
| 510 | with subsection 6b. |
---|
| 511 | |
---|
| 512 | d) Convey the object code by offering access from a designated |
---|
| 513 | place (gratis or for a charge), and offer equivalent access to the |
---|
| 514 | Corresponding Source in the same way through the same place at no |
---|
| 515 | further charge. You need not require recipients to copy the |
---|
| 516 | Corresponding Source along with the object code. If the place to |
---|
| 517 | copy the object code is a network server, the Corresponding Source |
---|
| 518 | may be on a different server (operated by you or a third party) |
---|
| 519 | that supports equivalent copying facilities, provided you maintain |
---|
| 520 | clear directions next to the object code saying where to find the |
---|
| 521 | Corresponding Source. Regardless of what server hosts the |
---|
| 522 | Corresponding Source, you remain obligated to ensure that it is |
---|
| 523 | available for as long as needed to satisfy these requirements. |
---|
| 524 | |
---|
| 525 | e) Convey the object code using peer-to-peer transmission, provided |
---|
| 526 | you inform other peers where the object code and Corresponding |
---|
| 527 | Source of the work are being offered to the general public at no |
---|
| 528 | charge under subsection 6d. |
---|
| 529 | |
---|
| 530 | A separable portion of the object code, whose source code is excluded |
---|
| 531 | from the Corresponding Source as a System Library, need not be |
---|
| 532 | included in conveying the object code work. |
---|
| 533 | |
---|
| 534 | A "User Product" is either (1) a "consumer product", which means any |
---|
| 535 | tangible personal property which is normally used for personal, family, |
---|
| 536 | or household purposes, or (2) anything designed or sold for incorporation |
---|
| 537 | into a dwelling. In determining whether a product is a consumer product, |
---|
| 538 | doubtful cases shall be resolved in favor of coverage. For a particular |
---|
| 539 | product received by a particular user, "normally used" refers to a |
---|
| 540 | typical or common use of that class of product, regardless of the status |
---|
| 541 | of the particular user or of the way in which the particular user |
---|
| 542 | actually uses, or expects or is expected to use, the product. A product |
---|
| 543 | is a consumer product regardless of whether the product has substantial |
---|
| 544 | commercial, industrial or non-consumer uses, unless such uses represent |
---|
| 545 | the only significant mode of use of the product. |
---|
| 546 | |
---|
| 547 | "Installation Information" for a User Product means any methods, |
---|
| 548 | procedures, authorization keys, or other information required to install |
---|
| 549 | and execute modified versions of a covered work in that User Product from |
---|
| 550 | a modified version of its Corresponding Source. The information must |
---|
| 551 | suffice to ensure that the continued functioning of the modified object |
---|
| 552 | code is in no case prevented or interfered with solely because |
---|
| 553 | modification has been made. |
---|
| 554 | |
---|
| 555 | If you convey an object code work under this section in, or with, or |
---|
| 556 | specifically for use in, a User Product, and the conveying occurs as |
---|
| 557 | part of a transaction in which the right of possession and use of the |
---|
| 558 | User Product is transferred to the recipient in perpetuity or for a |
---|
| 559 | fixed term (regardless of how the transaction is characterized), the |
---|
| 560 | Corresponding Source conveyed under this section must be accompanied |
---|
| 561 | by the Installation Information. But this requirement does not apply |
---|
| 562 | if neither you nor any third party retains the ability to install |
---|
| 563 | modified object code on the User Product (for example, the work has |
---|
| 564 | been installed in ROM). |
---|
| 565 | |
---|
| 566 | The requirement to provide Installation Information does not include a |
---|
| 567 | requirement to continue to provide support service, warranty, or updates |
---|
| 568 | for a work that has been modified or installed by the recipient, or for |
---|
| 569 | the User Product in which it has been modified or installed. Access to a |
---|
| 570 | network may be denied when the modification itself materially and |
---|
| 571 | adversely affects the operation of the network or violates the rules and |
---|
| 572 | protocols for communication across the network. |
---|
| 573 | |
---|
| 574 | Corresponding Source conveyed, and Installation Information provided, |
---|
| 575 | in accord with this section must be in a format that is publicly |
---|
| 576 | documented (and with an implementation available to the public in |
---|
| 577 | source code form), and must require no special password or key for |
---|
| 578 | unpacking, reading or copying. |
---|
| 579 | |
---|
| 580 | 7. Additional Terms. |
---|
| 581 | |
---|
| 582 | "Additional permissions" are terms that supplement the terms of this |
---|
| 583 | License by making exceptions from one or more of its conditions. |
---|
| 584 | Additional permissions that are applicable to the entire Program shall |
---|
| 585 | be treated as though they were included in this License, to the extent |
---|
| 586 | that they are valid under applicable law. If additional permissions |
---|
| 587 | apply only to part of the Program, that part may be used separately |
---|
| 588 | under those permissions, but the entire Program remains governed by |
---|
| 589 | this License without regard to the additional permissions. |
---|
| 590 | |
---|
| 591 | When you convey a copy of a covered work, you may at your option |
---|
| 592 | remove any additional permissions from that copy, or from any part of |
---|
| 593 | it. (Additional permissions may be written to require their own |
---|
| 594 | removal in certain cases when you modify the work.) You may place |
---|
| 595 | additional permissions on material, added by you to a covered work, |
---|
| 596 | for which you have or can give appropriate copyright permission. |
---|
| 597 | |
---|
| 598 | Notwithstanding any other provision of this License, for material you |
---|
| 599 | add to a covered work, you may (if authorized by the copyright holders of |
---|
| 600 | that material) supplement the terms of this License with terms: |
---|
| 601 | |
---|
| 602 | a) Disclaiming warranty or limiting liability differently from the |
---|
| 603 | terms of sections 15 and 16 of this License; or |
---|
| 604 | |
---|
| 605 | b) Requiring preservation of specified reasonable legal notices or |
---|
| 606 | author attributions in that material or in the Appropriate Legal |
---|
| 607 | Notices displayed by works containing it; or |
---|
| 608 | |
---|
| 609 | c) Prohibiting misrepresentation of the origin of that material, or |
---|
| 610 | requiring that modified versions of such material be marked in |
---|
| 611 | reasonable ways as different from the original version; or |
---|
| 612 | |
---|
| 613 | d) Limiting the use for publicity purposes of names of licensors or |
---|
| 614 | authors of the material; or |
---|
| 615 | |
---|
| 616 | e) Declining to grant rights under trademark law for use of some |
---|
| 617 | trade names, trademarks, or service marks; or |
---|
| 618 | |
---|
| 619 | f) Requiring indemnification of licensors and authors of that |
---|
| 620 | material by anyone who conveys the material (or modified versions of |
---|
| 621 | it) with contractual assumptions of liability to the recipient, for |
---|
| 622 | any liability that these contractual assumptions directly impose on |
---|
| 623 | those licensors and authors. |
---|
| 624 | |
---|
| 625 | All other non-permissive additional terms are considered "further |
---|
| 626 | restrictions" within the meaning of section 10. If the Program as you |
---|
| 627 | received it, or any part of it, contains a notice stating that it is |
---|
| 628 | governed by this License along with a term that is a further |
---|
| 629 | restriction, you may remove that term. If a license document contains |
---|
| 630 | a further restriction but permits relicensing or conveying under this |
---|
| 631 | License, you may add to a covered work material governed by the terms |
---|
| 632 | of that license document, provided that the further restriction does |
---|
| 633 | not survive such relicensing or conveying. |
---|
| 634 | |
---|
| 635 | If you add terms to a covered work in accord with this section, you |
---|
| 636 | must place, in the relevant source files, a statement of the |
---|
| 637 | additional terms that apply to those files, or a notice indicating |
---|
| 638 | where to find the applicable terms. |
---|
| 639 | |
---|
| 640 | Additional terms, permissive or non-permissive, may be stated in the |
---|
| 641 | form of a separately written license, or stated as exceptions; |
---|
| 642 | the above requirements apply either way. |
---|
| 643 | |
---|
| 644 | 8. Termination. |
---|
| 645 | |
---|
| 646 | You may not propagate or modify a covered work except as expressly |
---|
| 647 | provided under this License. Any attempt otherwise to propagate or |
---|
| 648 | modify it is void, and will automatically terminate your rights under |
---|
| 649 | this License (including any patent licenses granted under the third |
---|
| 650 | paragraph of section 11). |
---|
| 651 | |
---|
| 652 | However, if you cease all violation of this License, then your |
---|
| 653 | license from a particular copyright holder is reinstated (a) |
---|
| 654 | provisionally, unless and until the copyright holder explicitly and |
---|
| 655 | finally terminates your license, and (b) permanently, if the copyright |
---|
| 656 | holder fails to notify you of the violation by some reasonable means |
---|
| 657 | prior to 60 days after the cessation. |
---|
| 658 | |
---|
| 659 | Moreover, your license from a particular copyright holder is |
---|
| 660 | reinstated permanently if the copyright holder notifies you of the |
---|
| 661 | violation by some reasonable means, this is the first time you have |
---|
| 662 | received notice of violation of this License (for any work) from that |
---|
| 663 | copyright holder, and you cure the violation prior to 30 days after |
---|
| 664 | your receipt of the notice. |
---|
| 665 | |
---|
| 666 | Termination of your rights under this section does not terminate the |
---|
| 667 | licenses of parties who have received copies or rights from you under |
---|
| 668 | this License. If your rights have been terminated and not permanently |
---|
| 669 | reinstated, you do not qualify to receive new licenses for the same |
---|
| 670 | material under section 10. |
---|
| 671 | |
---|
| 672 | 9. Acceptance Not Required for Having Copies. |
---|
| 673 | |
---|
| 674 | You are not required to accept this License in order to receive or |
---|
| 675 | run a copy of the Program. Ancillary propagation of a covered work |
---|
| 676 | occurring solely as a consequence of using peer-to-peer transmission |
---|
| 677 | to receive a copy likewise does not require acceptance. However, |
---|
| 678 | nothing other than this License grants you permission to propagate or |
---|
| 679 | modify any covered work. These actions infringe copyright if you do |
---|
| 680 | not accept this License. Therefore, by modifying or propagating a |
---|
| 681 | covered work, you indicate your acceptance of this License to do so. |
---|
| 682 | |
---|
| 683 | 10. Automatic Licensing of Downstream Recipients. |
---|
| 684 | |
---|
| 685 | Each time you convey a covered work, the recipient automatically |
---|
| 686 | receives a license from the original licensors, to run, modify and |
---|
| 687 | propagate that work, subject to this License. You are not responsible |
---|
| 688 | for enforcing compliance by third parties with this License. |
---|
| 689 | |
---|
| 690 | An "entity transaction" is a transaction transferring control of an |
---|
| 691 | organization, or substantially all assets of one, or subdividing an |
---|
| 692 | organization, or merging organizations. If propagation of a covered |
---|
| 693 | work results from an entity transaction, each party to that |
---|
| 694 | transaction who receives a copy of the work also receives whatever |
---|
| 695 | licenses to the work the party's predecessor in interest had or could |
---|
| 696 | give under the previous paragraph, plus a right to possession of the |
---|
| 697 | Corresponding Source of the work from the predecessor in interest, if |
---|
| 698 | the predecessor has it or can get it with reasonable efforts. |
---|
| 699 | |
---|
| 700 | You may not impose any further restrictions on the exercise of the |
---|
| 701 | rights granted or affirmed under this License. For example, you may |
---|
| 702 | not impose a license fee, royalty, or other charge for exercise of |
---|
| 703 | rights granted under this License, and you may not initiate litigation |
---|
| 704 | (including a cross-claim or counterclaim in a lawsuit) alleging that |
---|
| 705 | any patent claim is infringed by making, using, selling, offering for |
---|
| 706 | sale, or importing the Program or any portion of it. |
---|
| 707 | |
---|
| 708 | 11. Patents. |
---|
| 709 | |
---|
| 710 | A "contributor" is a copyright holder who authorizes use under this |
---|
| 711 | License of the Program or a work on which the Program is based. The |
---|
| 712 | work thus licensed is called the contributor's "contributor version". |
---|
| 713 | |
---|
| 714 | A contributor's "essential patent claims" are all patent claims |
---|
| 715 | owned or controlled by the contributor, whether already acquired or |
---|
| 716 | hereafter acquired, that would be infringed by some manner, permitted |
---|
| 717 | by this License, of making, using, or selling its contributor version, |
---|
| 718 | but do not include claims that would be infringed only as a |
---|
| 719 | consequence of further modification of the contributor version. For |
---|
| 720 | purposes of this definition, "control" includes the right to grant |
---|
| 721 | patent sublicenses in a manner consistent with the requirements of |
---|
| 722 | this License. |
---|
| 723 | |
---|
| 724 | Each contributor grants you a non-exclusive, worldwide, royalty-free |
---|
| 725 | patent license under the contributor's essential patent claims, to |
---|
| 726 | make, use, sell, offer for sale, import and otherwise run, modify and |
---|
| 727 | propagate the contents of its contributor version. |
---|
| 728 | |
---|
| 729 | In the following three paragraphs, a "patent license" is any express |
---|
| 730 | agreement or commitment, however denominated, not to enforce a patent |
---|
| 731 | (such as an express permission to practice a patent or covenant not to |
---|
| 732 | sue for patent infringement). To "grant" such a patent license to a |
---|
| 733 | party means to make such an agreement or commitment not to enforce a |
---|
| 734 | patent against the party. |
---|
| 735 | |
---|
| 736 | If you convey a covered work, knowingly relying on a patent license, |
---|
| 737 | and the Corresponding Source of the work is not available for anyone |
---|
| 738 | to copy, free of charge and under the terms of this License, through a |
---|
| 739 | publicly available network server or other readily accessible means, |
---|
| 740 | then you must either (1) cause the Corresponding Source to be so |
---|
| 741 | available, or (2) arrange to deprive yourself of the benefit of the |
---|
| 742 | patent license for this particular work, or (3) arrange, in a manner |
---|
| 743 | consistent with the requirements of this License, to extend the patent |
---|
| 744 | license to downstream recipients. "Knowingly relying" means you have |
---|
| 745 | actual knowledge that, but for the patent license, your conveying the |
---|
| 746 | covered work in a country, or your recipient's use of the covered work |
---|
| 747 | in a country, would infringe one or more identifiable patents in that |
---|
| 748 | country that you have reason to believe are valid. |
---|
| 749 | |
---|
| 750 | If, pursuant to or in connection with a single transaction or |
---|
| 751 | arrangement, you convey, or propagate by procuring conveyance of, a |
---|
| 752 | covered work, and grant a patent license to some of the parties |
---|
| 753 | receiving the covered work authorizing them to use, propagate, modify |
---|
| 754 | or convey a specific copy of the covered work, then the patent license |
---|
| 755 | you grant is automatically extended to all recipients of the covered |
---|
| 756 | work and works based on it. |
---|
| 757 | |
---|
| 758 | A patent license is "discriminatory" if it does not include within |
---|
| 759 | the scope of its coverage, prohibits the exercise of, or is |
---|
| 760 | conditioned on the non-exercise of one or more of the rights that are |
---|
| 761 | specifically granted under this License. You may not convey a covered |
---|
| 762 | work if you are a party to an arrangement with a third party that is |
---|
| 763 | in the business of distributing software, under which you make payment |
---|
| 764 | to the third party based on the extent of your activity of conveying |
---|
| 765 | the work, and under which the third party grants, to any of the |
---|
| 766 | parties who would receive the covered work from you, a discriminatory |
---|
| 767 | patent license (a) in connection with copies of the covered work |
---|
| 768 | conveyed by you (or copies made from those copies), or (b) primarily |
---|
| 769 | for and in connection with specific products or compilations that |
---|
| 770 | contain the covered work, unless you entered into that arrangement, |
---|
| 771 | or that patent license was granted, prior to 28 March 2007. |
---|
| 772 | |
---|
| 773 | Nothing in this License shall be construed as excluding or limiting |
---|
| 774 | any implied license or other defenses to infringement that may |
---|
| 775 | otherwise be available to you under applicable patent law. |
---|
| 776 | |
---|
| 777 | 12. No Surrender of Others' Freedom. |
---|
| 778 | |
---|
| 779 | If conditions are imposed on you (whether by court order, agreement or |
---|
| 780 | otherwise) that contradict the conditions of this License, they do not |
---|
| 781 | excuse you from the conditions of this License. If you cannot convey a |
---|
| 782 | covered work so as to satisfy simultaneously your obligations under this |
---|
| 783 | License and any other pertinent obligations, then as a consequence you may |
---|
| 784 | not convey it at all. For example, if you agree to terms that obligate you |
---|
| 785 | to collect a royalty for further conveying from those to whom you convey |
---|
| 786 | the Program, the only way you could satisfy both those terms and this |
---|
| 787 | License would be to refrain entirely from conveying the Program. |
---|
| 788 | |
---|
| 789 | 13. Use with the GNU Affero General Public License. |
---|
| 790 | |
---|
| 791 | Notwithstanding any other provision of this License, you have |
---|
| 792 | permission to link or combine any covered work with a work licensed |
---|
| 793 | under version 3 of the GNU Affero General Public License into a single |
---|
| 794 | combined work, and to convey the resulting work. The terms of this |
---|
| 795 | License will continue to apply to the part which is the covered work, |
---|
| 796 | but the special requirements of the GNU Affero General Public License, |
---|
| 797 | section 13, concerning interaction through a network will apply to the |
---|
| 798 | combination as such. |
---|
| 799 | |
---|
| 800 | 14. Revised Versions of this License. |
---|
| 801 | |
---|
| 802 | The Free Software Foundation may publish revised and/or new versions of |
---|
| 803 | the GNU General Public License from time to time. Such new versions will |
---|
| 804 | be similar in spirit to the present version, but may differ in detail to |
---|
| 805 | address new problems or concerns. |
---|
| 806 | |
---|
| 807 | Each version is given a distinguishing version number. If the |
---|
| 808 | Program specifies that a certain numbered version of the GNU General |
---|
| 809 | Public License "or any later version" applies to it, you have the |
---|
| 810 | option of following the terms and conditions either of that numbered |
---|
| 811 | version or of any later version published by the Free Software |
---|
| 812 | Foundation. If the Program does not specify a version number of the |
---|
| 813 | GNU General Public License, you may choose any version ever published |
---|
| 814 | by the Free Software Foundation. |
---|
| 815 | |
---|
| 816 | If the Program specifies that a proxy can decide which future |
---|
| 817 | versions of the GNU General Public License can be used, that proxy's |
---|
| 818 | public statement of acceptance of a version permanently authorizes you |
---|
| 819 | to choose that version for the Program. |
---|
| 820 | |
---|
| 821 | Later license versions may give you additional or different |
---|
| 822 | permissions. However, no additional obligations are imposed on any |
---|
| 823 | author or copyright holder as a result of your choosing to follow a |
---|
| 824 | later version. |
---|
| 825 | |
---|
| 826 | 15. Disclaimer of Warranty. |
---|
| 827 | |
---|
| 828 | THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY |
---|
| 829 | APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT |
---|
| 830 | HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY |
---|
| 831 | OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, |
---|
| 832 | THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR |
---|
| 833 | PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM |
---|
| 834 | IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF |
---|
| 835 | ALL NECESSARY SERVICING, REPAIR OR CORRECTION. |
---|
| 836 | |
---|
| 837 | 16. Limitation of Liability. |
---|
| 838 | |
---|
| 839 | IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING |
---|
| 840 | WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS |
---|
| 841 | THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY |
---|
| 842 | GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE |
---|
| 843 | USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF |
---|
| 844 | DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD |
---|
| 845 | PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), |
---|
| 846 | EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF |
---|
| 847 | SUCH DAMAGES. |
---|
| 848 | |
---|
| 849 | 17. Interpretation of Sections 15 and 16. |
---|
| 850 | |
---|
| 851 | If the disclaimer of warranty and limitation of liability provided |
---|
| 852 | above cannot be given local legal effect according to their terms, |
---|
| 853 | reviewing courts shall apply local law that most closely approximates |
---|
| 854 | an absolute waiver of all civil liability in connection with the |
---|
| 855 | Program, unless a warranty or assumption of liability accompanies a |
---|
| 856 | copy of the Program in return for a fee. |
---|
| 857 | |
---|
| 858 | END OF TERMS AND CONDITIONS |
---|
| 859 | |
---|
| 860 | How to Apply These Terms to Your New Programs |
---|
| 861 | |
---|
| 862 | If you develop a new program, and you want it to be of the greatest |
---|
| 863 | possible use to the public, the best way to achieve this is to make it |
---|
| 864 | free software which everyone can redistribute and change under these terms. |
---|
| 865 | |
---|
| 866 | To do so, attach the following notices to the program. It is safest |
---|
| 867 | to attach them to the start of each source file to most effectively |
---|
| 868 | state the exclusion of warranty; and each file should have at least |
---|
| 869 | the "copyright" line and a pointer to where the full notice is found. |
---|
| 870 | |
---|
| 871 | <one line to give the program's name and a brief idea of what it does.> |
---|
| 872 | Copyright (C) <year> <name of author> |
---|
| 873 | |
---|
| 874 | This program is free software: you can redistribute it and/or modify |
---|
| 875 | it under the terms of the GNU General Public License as published by |
---|
| 876 | the Free Software Foundation, either version 3 of the License, or |
---|
| 877 | (at your option) any later version. |
---|
| 878 | |
---|
| 879 | This program is distributed in the hope that it will be useful, |
---|
| 880 | but WITHOUT ANY WARRANTY; without even the implied warranty of |
---|
| 881 | MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the |
---|
| 882 | GNU General Public License for more details. |
---|
| 883 | |
---|
| 884 | You should have received a copy of the GNU General Public License |
---|
| 885 | along with this program. If not, see <http://www.gnu.org/licenses/>. |
---|
| 886 | |
---|
| 887 | Also add information on how to contact you by electronic and paper mail. |
---|
| 888 | |
---|
| 889 | If the program does terminal interaction, make it output a short |
---|
| 890 | notice like this when it starts in an interactive mode: |
---|
| 891 | |
---|
| 892 | <program> Copyright (C) <year> <name of author> |
---|
| 893 | This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'. |
---|
| 894 | This is free software, and you are welcome to redistribute it |
---|
| 895 | under certain conditions; type `show c' for details. |
---|
| 896 | |
---|
| 897 | The hypothetical commands `show w' and `show c' should show the appropriate |
---|
| 898 | parts of the General Public License. Of course, your program's commands |
---|
| 899 | might be different; for a GUI interface, you would use an "about box". |
---|
| 900 | |
---|
| 901 | You should also get your employer (if you work as a programmer) or school, |
---|
| 902 | if any, to sign a "copyright disclaimer" for the program, if necessary. |
---|
| 903 | For more information on this, and how to apply and follow the GNU GPL, see |
---|
| 904 | <http://www.gnu.org/licenses/>. |
---|
| 905 | |
---|
| 906 | The GNU General Public License does not permit incorporating your program |
---|
| 907 | into proprietary programs. If your program is a subroutine library, you |
---|
| 908 | may consider it more useful to permit linking proprietary applications with |
---|
| 909 | the library. If this is what you want to do, use the GNU Lesser General |
---|
| 910 | Public License instead of this License. But first, please read |
---|
| 911 | <http://www.gnu.org/philosophy/why-not-lgpl.html>. |
---|
| 912 | |
---|
| 913 | |
---|
| 914 | ----------------------------------------------------------------------------- |
---|
| 915 | |
---|
| 916 | |
---|
| 917 | |
---|
| 918 | |
---|
| 919 | CeCILL FREE SOFTWARE LICENSE AGREEMENT |
---|
| 920 | |
---|
| 921 | |
---|
| 922 | Notice |
---|
| 923 | |
---|
| 924 | This Agreement is a Free Software license agreement that is the result |
---|
| 925 | of discussions between its authors in order to ensure compliance with |
---|
| 926 | the two main principles guiding its drafting: |
---|
| 927 | |
---|
| 928 | * firstly, compliance with the principles governing the distribution |
---|
| 929 | of Free Software: access to source code, broad rights granted to |
---|
| 930 | users, |
---|
| 931 | * secondly, the election of a governing law, French law, with which |
---|
| 932 | it is conformant, both as regards the law of torts and |
---|
| 933 | intellectual property law, and the protection that it offers to |
---|
| 934 | both authors and holders of the economic rights over software. |
---|
| 935 | |
---|
| 936 | The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre]) |
---|
| 937 | license are: |
---|
| 938 | |
---|
| 939 | Commissariat à l'Energie Atomique - CEA, a public scientific, technical |
---|
| 940 | and industrial research establishment, having its principal place of |
---|
| 941 | business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France. |
---|
| 942 | |
---|
| 943 | Centre National de la Recherche Scientifique - CNRS, a public scientific |
---|
| 944 | and technological establishment, having its principal place of business |
---|
| 945 | at 3 rue Michel-Ange, 75794 Paris cedex 16, France. |
---|
| 946 | |
---|
| 947 | Institut National de Recherche en Informatique et en Automatique - |
---|
| 948 | INRIA, a public scientific and technological establishment, having its |
---|
| 949 | principal place of business at Domaine de Voluceau, Rocquencourt, BP |
---|
| 950 | 105, 78153 Le Chesnay cedex, France. |
---|
| 951 | |
---|
| 952 | |
---|
| 953 | Preamble |
---|
| 954 | |
---|
| 955 | The purpose of this Free Software license agreement is to grant users |
---|
| 956 | the right to modify and redistribute the software governed by this |
---|
| 957 | license within the framework of an open source distribution model. |
---|
| 958 | |
---|
| 959 | The exercising of these rights is conditional upon certain obligations |
---|
| 960 | for users so as to preserve this status for all subsequent redistributions. |
---|
| 961 | |
---|
| 962 | In consideration of access to the source code and the rights to copy, |
---|
| 963 | modify and redistribute granted by the license, users are provided only |
---|
| 964 | with a limited warranty and the software's author, the holder of the |
---|
| 965 | economic rights, and the successive licensors only have limited liability. |
---|
| 966 | |
---|
| 967 | In this respect, the risks associated with loading, using, modifying |
---|
| 968 | and/or developing or reproducing the software by the user are brought to |
---|
| 969 | the user's attention, given its Free Software status, which may make it |
---|
| 970 | complicated to use, with the result that its use is reserved for |
---|
| 971 | developers and experienced professionals having in-depth computer |
---|
| 972 | knowledge. Users are therefore encouraged to load and test the |
---|
| 973 | suitability of the software as regards their requirements in conditions |
---|
| 974 | enabling the security of their systems and/or data to be ensured and, |
---|
| 975 | more generally, to use and operate it in the same conditions of |
---|
| 976 | security. This Agreement may be freely reproduced and published, |
---|
| 977 | provided it is not altered, and that no provisions are either added or |
---|
| 978 | removed herefrom. |
---|
| 979 | |
---|
| 980 | This Agreement may apply to any or all software for which the holder of |
---|
| 981 | the economic rights decides to submit the use thereof to its provisions. |
---|
| 982 | |
---|
| 983 | |
---|
| 984 | Article 1 - DEFINITIONS |
---|
| 985 | |
---|
| 986 | For the purpose of this Agreement, when the following expressions |
---|
| 987 | commence with a capital letter, they shall have the following meaning: |
---|
| 988 | |
---|
| 989 | Agreement: means this license agreement, and its possible subsequent |
---|
| 990 | versions and annexes. |
---|
| 991 | |
---|
| 992 | Software: means the software in its Object Code and/or Source Code form |
---|
| 993 | and, where applicable, its documentation, "as is" when the Licensee |
---|
| 994 | accepts the Agreement. |
---|
| 995 | |
---|
| 996 | Initial Software: means the Software in its Source Code and possibly its |
---|
| 997 | Object Code form and, where applicable, its documentation, "as is" when |
---|
| 998 | it is first distributed under the terms and conditions of the Agreement. |
---|
| 999 | |
---|
| 1000 | Modified Software: means the Software modified by at least one |
---|
| 1001 | Contribution. |
---|
| 1002 | |
---|
| 1003 | Source Code: means all the Software's instructions and program lines to |
---|
| 1004 | which access is required so as to modify the Software. |
---|
| 1005 | |
---|
| 1006 | Object Code: means the binary files originating from the compilation of |
---|
| 1007 | the Source Code. |
---|
| 1008 | |
---|
| 1009 | Holder: means the holder(s) of the economic rights over the Initial |
---|
| 1010 | Software. |
---|
| 1011 | |
---|
| 1012 | Licensee: means the Software user(s) having accepted the Agreement. |
---|
| 1013 | |
---|
| 1014 | Contributor: means a Licensee having made at least one Contribution. |
---|
| 1015 | |
---|
| 1016 | Licensor: means the Holder, or any other individual or legal entity, who |
---|
| 1017 | distributes the Software under the Agreement. |
---|
| 1018 | |
---|
| 1019 | Contribution: means any or all modifications, corrections, translations, |
---|
| 1020 | adaptations and/or new functions integrated into the Software by any or |
---|
| 1021 | all Contributors, as well as any or all Internal Modules. |
---|
| 1022 | |
---|
| 1023 | Module: means a set of sources files including their documentation that |
---|
| 1024 | enables supplementary functions or services in addition to those offered |
---|
| 1025 | by the Software. |
---|
| 1026 | |
---|
| 1027 | External Module: means any or all Modules, not derived from the |
---|
| 1028 | Software, so that this Module and the Software run in separate address |
---|
| 1029 | spaces, with one calling the other when they are run. |
---|
| 1030 | |
---|
| 1031 | Internal Module: means any or all Module, connected to the Software so |
---|
| 1032 | that they both execute in the same address space. |
---|
| 1033 | |
---|
| 1034 | GNU GPL: means the GNU General Public License version 2 or any |
---|
| 1035 | subsequent version, as published by the Free Software Foundation Inc. |
---|
| 1036 | |
---|
| 1037 | Parties: mean both the Licensee and the Licensor. |
---|
| 1038 | |
---|
| 1039 | These expressions may be used both in singular and plural form. |
---|
| 1040 | |
---|
| 1041 | |
---|
| 1042 | Article 2 - PURPOSE |
---|
| 1043 | |
---|
| 1044 | The purpose of the Agreement is the grant by the Licensor to the |
---|
| 1045 | Licensee of a non-exclusive, transferable and worldwide license for the |
---|
| 1046 | Software as set forth in Article 5 hereinafter for the whole term of the |
---|
| 1047 | protection granted by the rights over said Software. |
---|
| 1048 | |
---|
| 1049 | |
---|
| 1050 | Article 3 - ACCEPTANCE |
---|
| 1051 | |
---|
| 1052 | 3.1 The Licensee shall be deemed as having accepted the terms and |
---|
| 1053 | conditions of this Agreement upon the occurrence of the first of the |
---|
| 1054 | following events: |
---|
| 1055 | |
---|
| 1056 | * (i) loading the Software by any or all means, notably, by |
---|
| 1057 | downloading from a remote server, or by loading from a physical |
---|
| 1058 | medium; |
---|
| 1059 | * (ii) the first time the Licensee exercises any of the rights |
---|
| 1060 | granted hereunder. |
---|
| 1061 | |
---|
| 1062 | 3.2 One copy of the Agreement, containing a notice relating to the |
---|
| 1063 | characteristics of the Software, to the limited warranty, and to the |
---|
| 1064 | fact that its use is restricted to experienced users has been provided |
---|
| 1065 | to the Licensee prior to its acceptance as set forth in Article 3.1 |
---|
| 1066 | hereinabove, and the Licensee hereby acknowledges that it has read and |
---|
| 1067 | understood it. |
---|
| 1068 | |
---|
| 1069 | |
---|
| 1070 | Article 4 - EFFECTIVE DATE AND TERM |
---|
| 1071 | |
---|
| 1072 | |
---|
| 1073 | 4.1 EFFECTIVE DATE |
---|
| 1074 | |
---|
| 1075 | The Agreement shall become effective on the date when it is accepted by |
---|
| 1076 | the Licensee as set forth in Article 3.1. |
---|
| 1077 | |
---|
| 1078 | |
---|
| 1079 | 4.2 TERM |
---|
| 1080 | |
---|
| 1081 | The Agreement shall remain in force for the entire legal term of |
---|
| 1082 | protection of the economic rights over the Software. |
---|
| 1083 | |
---|
| 1084 | |
---|
| 1085 | Article 5 - SCOPE OF RIGHTS GRANTED |
---|
| 1086 | |
---|
| 1087 | The Licensor hereby grants to the Licensee, who accepts, the following |
---|
| 1088 | rights over the Software for any or all use, and for the term of the |
---|
| 1089 | Agreement, on the basis of the terms and conditions set forth hereinafter. |
---|
| 1090 | |
---|
| 1091 | Besides, if the Licensor owns or comes to own one or more patents |
---|
| 1092 | protecting all or part of the functions of the Software or of its |
---|
| 1093 | components, the Licensor undertakes not to enforce the rights granted by |
---|
| 1094 | these patents against successive Licensees using, exploiting or |
---|
| 1095 | modifying the Software. If these patents are transferred, the Licensor |
---|
| 1096 | undertakes to have the transferees subscribe to the obligations set |
---|
| 1097 | forth in this paragraph. |
---|
| 1098 | |
---|
| 1099 | |
---|
| 1100 | 5.1 RIGHT OF USE |
---|
| 1101 | |
---|
| 1102 | The Licensee is authorized to use the Software, without any limitation |
---|
| 1103 | as to its fields of application, with it being hereinafter specified |
---|
| 1104 | that this comprises: |
---|
| 1105 | |
---|
| 1106 | 1. permanent or temporary reproduction of all or part of the Software |
---|
| 1107 | by any or all means and in any or all form. |
---|
| 1108 | |
---|
| 1109 | 2. loading, displaying, running, or storing the Software on any or |
---|
| 1110 | all medium. |
---|
| 1111 | |
---|
| 1112 | 3. entitlement to observe, study or test its operation so as to |
---|
| 1113 | determine the ideas and principles behind any or all constituent |
---|
| 1114 | elements of said Software. This shall apply when the Licensee |
---|
| 1115 | carries out any or all loading, displaying, running, transmission |
---|
| 1116 | or storage operation as regards the Software, that it is entitled |
---|
| 1117 | to carry out hereunder. |
---|
| 1118 | |
---|
| 1119 | |
---|
| 1120 | 5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS |
---|
| 1121 | |
---|
| 1122 | The right to make Contributions includes the right to translate, adapt, |
---|
| 1123 | arrange, or make any or all modifications to the Software, and the right |
---|
| 1124 | to reproduce the resulting software. |
---|
| 1125 | |
---|
| 1126 | The Licensee is authorized to make any or all Contributions to the |
---|
| 1127 | Software provided that it includes an explicit notice that it is the |
---|
| 1128 | author of said Contribution and indicates the date of the creation thereof. |
---|
| 1129 | |
---|
| 1130 | |
---|
| 1131 | 5.3 RIGHT OF DISTRIBUTION |
---|
| 1132 | |
---|
| 1133 | In particular, the right of distribution includes the right to publish, |
---|
| 1134 | transmit and communicate the Software to the general public on any or |
---|
| 1135 | all medium, and by any or all means, and the right to market, either in |
---|
| 1136 | consideration of a fee, or free of charge, one or more copies of the |
---|
| 1137 | Software by any means. |
---|
| 1138 | |
---|
| 1139 | The Licensee is further authorized to distribute copies of the modified |
---|
| 1140 | or unmodified Software to third parties according to the terms and |
---|
| 1141 | conditions set forth hereinafter. |
---|
| 1142 | |
---|
| 1143 | |
---|
| 1144 | 5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION |
---|
| 1145 | |
---|
| 1146 | The Licensee is authorized to distribute true copies of the Software in |
---|
| 1147 | Source Code or Object Code form, provided that said distribution |
---|
| 1148 | complies with all the provisions of the Agreement and is accompanied by: |
---|
| 1149 | |
---|
| 1150 | 1. a copy of the Agreement, |
---|
| 1151 | |
---|
| 1152 | 2. a notice relating to the limitation of both the Licensor's |
---|
| 1153 | warranty and liability as set forth in Articles 8 and 9, |
---|
| 1154 | |
---|
| 1155 | and that, in the event that only the Object Code of the Software is |
---|
| 1156 | redistributed, the Licensee allows future Licensees unhindered access to |
---|
| 1157 | the full Source Code of the Software by indicating how to access it, it |
---|
| 1158 | being understood that the additional cost of acquiring the Source Code |
---|
| 1159 | shall not exceed the cost of transferring the data. |
---|
| 1160 | |
---|
| 1161 | |
---|
| 1162 | 5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE |
---|
| 1163 | |
---|
| 1164 | When the Licensee makes a Contribution to the Software, the terms and |
---|
| 1165 | conditions for the distribution of the resulting Modified Software |
---|
| 1166 | become subject to all the provisions of this Agreement. |
---|
| 1167 | |
---|
| 1168 | The Licensee is authorized to distribute the Modified Software, in |
---|
| 1169 | source code or object code form, provided that said distribution |
---|
| 1170 | complies with all the provisions of the Agreement and is accompanied by: |
---|
| 1171 | |
---|
| 1172 | 1. a copy of the Agreement, |
---|
| 1173 | |
---|
| 1174 | 2. a notice relating to the limitation of both the Licensor's |
---|
| 1175 | warranty and liability as set forth in Articles 8 and 9, |
---|
| 1176 | |
---|
| 1177 | and that, in the event that only the object code of the Modified |
---|
| 1178 | Software is redistributed, the Licensee allows future Licensees |
---|
| 1179 | unhindered access to the full source code of the Modified Software by |
---|
| 1180 | indicating how to access it, it being understood that the additional |
---|
| 1181 | cost of acquiring the source code shall not exceed the cost of |
---|
| 1182 | transferring the data. |
---|
| 1183 | |
---|
| 1184 | |
---|
| 1185 | 5.3.3 DISTRIBUTION OF EXTERNAL MODULES |
---|
| 1186 | |
---|
| 1187 | When the Licensee has developed an External Module, the terms and |
---|
| 1188 | conditions of this Agreement do not apply to said External Module, that |
---|
| 1189 | may be distributed under a separate license agreement. |
---|
| 1190 | |
---|
| 1191 | |
---|
| 1192 | 5.3.4 COMPATIBILITY WITH THE GNU GPL |
---|
| 1193 | |
---|
| 1194 | The Licensee can include a code that is subject to the provisions of one |
---|
| 1195 | of the versions of the GNU GPL in the Modified or unmodified Software, |
---|
| 1196 | and distribute that entire code under the terms of the same version of |
---|
| 1197 | the GNU GPL. |
---|
| 1198 | |
---|
| 1199 | The Licensee can include the Modified or unmodified Software in a code |
---|
| 1200 | that is subject to the provisions of one of the versions of the GNU GPL, |
---|
| 1201 | and distribute that entire code under the terms of the same version of |
---|
| 1202 | the GNU GPL. |
---|
| 1203 | |
---|
| 1204 | |
---|
| 1205 | Article 6 - INTELLECTUAL PROPERTY |
---|
| 1206 | |
---|
| 1207 | |
---|
| 1208 | 6.1 OVER THE INITIAL SOFTWARE |
---|
| 1209 | |
---|
| 1210 | The Holder owns the economic rights over the Initial Software. Any or |
---|
| 1211 | all use of the Initial Software is subject to compliance with the terms |
---|
| 1212 | and conditions under which the Holder has elected to distribute its work |
---|
| 1213 | and no one shall be entitled to modify the terms and conditions for the |
---|
| 1214 | distribution of said Initial Software. |
---|
| 1215 | |
---|
| 1216 | The Holder undertakes that the Initial Software will remain ruled at |
---|
| 1217 | least by this Agreement, for the duration set forth in Article 4.2. |
---|
| 1218 | |
---|
| 1219 | |
---|
| 1220 | 6.2 OVER THE CONTRIBUTIONS |
---|
| 1221 | |
---|
| 1222 | The Licensee who develops a Contribution is the owner of the |
---|
| 1223 | intellectual property rights over this Contribution as defined by |
---|
| 1224 | applicable law. |
---|
| 1225 | |
---|
| 1226 | |
---|
| 1227 | 6.3 OVER THE EXTERNAL MODULES |
---|
| 1228 | |
---|
| 1229 | The Licensee who develops an External Module is the owner of the |
---|
| 1230 | intellectual property rights over this External Module as defined by |
---|
| 1231 | applicable law and is free to choose the type of agreement that shall |
---|
| 1232 | govern its distribution. |
---|
| 1233 | |
---|
| 1234 | |
---|
| 1235 | 6.4 JOINT PROVISIONS |
---|
| 1236 | |
---|
| 1237 | The Licensee expressly undertakes: |
---|
| 1238 | |
---|
| 1239 | 1. not to remove, or modify, in any manner, the intellectual property |
---|
| 1240 | notices attached to the Software; |
---|
| 1241 | |
---|
| 1242 | 2. to reproduce said notices, in an identical manner, in the copies |
---|
| 1243 | of the Software modified or not. |
---|
| 1244 | |
---|
| 1245 | The Licensee undertakes not to directly or indirectly infringe the |
---|
| 1246 | intellectual property rights of the Holder and/or Contributors on the |
---|
| 1247 | Software and to take, where applicable, vis-à-vis its staff, any and all |
---|
| 1248 | measures required to ensure respect of said intellectual property rights |
---|
| 1249 | of the Holder and/or Contributors. |
---|
| 1250 | |
---|
| 1251 | |
---|
| 1252 | Article 7 - RELATED SERVICES |
---|
| 1253 | |
---|
| 1254 | 7.1 Under no circumstances shall the Agreement oblige the Licensor to |
---|
| 1255 | provide technical assistance or maintenance services for the Software. |
---|
| 1256 | |
---|
| 1257 | However, the Licensor is entitled to offer this type of services. The |
---|
| 1258 | terms and conditions of such technical assistance, and/or such |
---|
| 1259 | maintenance, shall be set forth in a separate instrument. Only the |
---|
| 1260 | Licensor offering said maintenance and/or technical assistance services |
---|
| 1261 | shall incur liability therefor. |
---|
| 1262 | |
---|
| 1263 | 7.2 Similarly, any Licensor is entitled to offer to its licensees, under |
---|
| 1264 | its sole responsibility, a warranty, that shall only be binding upon |
---|
| 1265 | itself, for the redistribution of the Software and/or the Modified |
---|
| 1266 | Software, under terms and conditions that it is free to decide. Said |
---|
| 1267 | warranty, and the financial terms and conditions of its application, |
---|
| 1268 | shall be subject of a separate instrument executed between the Licensor |
---|
| 1269 | and the Licensee. |
---|
| 1270 | |
---|
| 1271 | |
---|
| 1272 | Article 8 - LIABILITY |
---|
| 1273 | |
---|
| 1274 | 8.1 Subject to the provisions of Article 8.2, the Licensee shall be |
---|
| 1275 | entitled to claim compensation for any direct loss it may have suffered |
---|
| 1276 | from the Software as a result of a fault on the part of the relevant |
---|
| 1277 | Licensor, subject to providing evidence thereof. |
---|
| 1278 | |
---|
| 1279 | 8.2 The Licensor's liability is limited to the commitments made under |
---|
| 1280 | this Agreement and shall not be incurred as a result of in particular: |
---|
| 1281 | (i) loss due the Licensee's total or partial failure to fulfill its |
---|
| 1282 | obligations, (ii) direct or consequential loss that is suffered by the |
---|
| 1283 | Licensee due to the use or performance of the Software, and (iii) more |
---|
| 1284 | generally, any consequential loss. In particular the Parties expressly |
---|
| 1285 | agree that any or all pecuniary or business loss (i.e. loss of data, |
---|
| 1286 | loss of profits, operating loss, loss of customers or orders, |
---|
| 1287 | opportunity cost, any disturbance to business activities) or any or all |
---|
| 1288 | legal proceedings instituted against the Licensee by a third party, |
---|
| 1289 | shall constitute consequential loss and shall not provide entitlement to |
---|
| 1290 | any or all compensation from the Licensor. |
---|
| 1291 | |
---|
| 1292 | |
---|
| 1293 | Article 9 - WARRANTY |
---|
| 1294 | |
---|
| 1295 | 9.1 The Licensee acknowledges that the scientific and technical |
---|
| 1296 | state-of-the-art when the Software was distributed did not enable all |
---|
| 1297 | possible uses to be tested and verified, nor for the presence of |
---|
| 1298 | possible defects to be detected. In this respect, the Licensee's |
---|
| 1299 | attention has been drawn to the risks associated with loading, using, |
---|
| 1300 | modifying and/or developing and reproducing the Software which are |
---|
| 1301 | reserved for experienced users. |
---|
| 1302 | |
---|
| 1303 | The Licensee shall be responsible for verifying, by any or all means, |
---|
| 1304 | the suitability of the product for its requirements, its good working |
---|
| 1305 | order, and for ensuring that it shall not cause damage to either persons |
---|
| 1306 | or properties. |
---|
| 1307 | |
---|
| 1308 | 9.2 The Licensor hereby represents, in good faith, that it is entitled |
---|
| 1309 | to grant all the rights over the Software (including in particular the |
---|
| 1310 | rights set forth in Article 5). |
---|
| 1311 | |
---|
| 1312 | 9.3 The Licensee acknowledges that the Software is supplied "as is" by |
---|
| 1313 | the Licensor without any other express or tacit warranty, other than |
---|
| 1314 | that provided for in Article 9.2 and, in particular, without any warranty |
---|
| 1315 | as to its commercial value, its secured, safe, innovative or relevant |
---|
| 1316 | nature. |
---|
| 1317 | |
---|
| 1318 | Specifically, the Licensor does not warrant that the Software is free |
---|
| 1319 | from any error, that it will operate without interruption, that it will |
---|
| 1320 | be compatible with the Licensee's own equipment and software |
---|
| 1321 | configuration, nor that it will meet the Licensee's requirements. |
---|
| 1322 | |
---|
| 1323 | 9.4 The Licensor does not either expressly or tacitly warrant that the |
---|
| 1324 | Software does not infringe any third party intellectual property right |
---|
| 1325 | relating to a patent, software or any other property right. Therefore, |
---|
| 1326 | the Licensor disclaims any and all liability towards the Licensee |
---|
| 1327 | arising out of any or all proceedings for infringement that may be |
---|
| 1328 | instituted in respect of the use, modification and redistribution of the |
---|
| 1329 | Software. Nevertheless, should such proceedings be instituted against |
---|
| 1330 | the Licensee, the Licensor shall provide it with technical and legal |
---|
| 1331 | assistance for its defense. Such technical and legal assistance shall be |
---|
| 1332 | decided on a case-by-case basis between the relevant Licensor and the |
---|
| 1333 | Licensee pursuant to a memorandum of understanding. The Licensor |
---|
| 1334 | disclaims any and all liability as regards the Licensee's use of the |
---|
| 1335 | name of the Software. No warranty is given as regards the existence of |
---|
| 1336 | prior rights over the name of the Software or as regards the existence |
---|
| 1337 | of a trademark. |
---|
| 1338 | |
---|
| 1339 | |
---|
| 1340 | Article 10 - TERMINATION |
---|
| 1341 | |
---|
| 1342 | 10.1 In the event of a breach by the Licensee of its obligations |
---|
| 1343 | hereunder, the Licensor may automatically terminate this Agreement |
---|
| 1344 | thirty (30) days after notice has been sent to the Licensee and has |
---|
| 1345 | remained ineffective. |
---|
| 1346 | |
---|
| 1347 | 10.2 A Licensee whose Agreement is terminated shall no longer be |
---|
| 1348 | authorized to use, modify or distribute the Software. However, any |
---|
| 1349 | licenses that it may have granted prior to termination of the Agreement |
---|
| 1350 | shall remain valid subject to their having been granted in compliance |
---|
| 1351 | with the terms and conditions hereof. |
---|
| 1352 | |
---|
| 1353 | |
---|
| 1354 | Article 11 - MISCELLANEOUS |
---|
| 1355 | |
---|
| 1356 | |
---|
| 1357 | 11.1 EXCUSABLE EVENTS |
---|
| 1358 | |
---|
| 1359 | Neither Party shall be liable for any or all delay, or failure to |
---|
| 1360 | perform the Agreement, that may be attributable to an event of force |
---|
| 1361 | majeure, an act of God or an outside cause, such as defective |
---|
| 1362 | functioning or interruptions of the electricity or telecommunications |
---|
| 1363 | networks, network paralysis following a virus attack, intervention by |
---|
| 1364 | government authorities, natural disasters, water damage, earthquakes, |
---|
| 1365 | fire, explosions, strikes and labor unrest, war, etc. |
---|
| 1366 | |
---|
| 1367 | 11.2 Any failure by either Party, on one or more occasions, to invoke |
---|
| 1368 | one or more of the provisions hereof, shall under no circumstances be |
---|
| 1369 | interpreted as being a waiver by the interested Party of its right to |
---|
| 1370 | invoke said provision(s) subsequently. |
---|
| 1371 | |
---|
| 1372 | 11.3 The Agreement cancels and replaces any or all previous agreements, |
---|
| 1373 | whether written or oral, between the Parties and having the same |
---|
| 1374 | purpose, and constitutes the entirety of the agreement between said |
---|
| 1375 | Parties concerning said purpose. No supplement or modification to the |
---|
| 1376 | terms and conditions hereof shall be effective as between the Parties |
---|
| 1377 | unless it is made in writing and signed by their duly authorized |
---|
| 1378 | representatives. |
---|
| 1379 | |
---|
| 1380 | 11.4 In the event that one or more of the provisions hereof were to |
---|
| 1381 | conflict with a current or future applicable act or legislative text, |
---|
| 1382 | said act or legislative text shall prevail, and the Parties shall make |
---|
| 1383 | the necessary amendments so as to comply with said act or legislative |
---|
| 1384 | text. All other provisions shall remain effective. Similarly, invalidity |
---|
| 1385 | of a provision of the Agreement, for any reason whatsoever, shall not |
---|
| 1386 | cause the Agreement as a whole to be invalid. |
---|
| 1387 | |
---|
| 1388 | |
---|
| 1389 | 11.5 LANGUAGE |
---|
| 1390 | |
---|
| 1391 | The Agreement is drafted in both French and English and both versions |
---|
| 1392 | are deemed authentic. |
---|
| 1393 | |
---|
| 1394 | |
---|
| 1395 | Article 12 - NEW VERSIONS OF THE AGREEMENT |
---|
| 1396 | |
---|
| 1397 | 12.1 Any person is authorized to duplicate and distribute copies of this |
---|
| 1398 | Agreement. |
---|
| 1399 | |
---|
| 1400 | 12.2 So as to ensure coherence, the wording of this Agreement is |
---|
| 1401 | protected and may only be modified by the authors of the License, who |
---|
| 1402 | reserve the right to periodically publish updates or new versions of the |
---|
| 1403 | Agreement, each with a separate number. These subsequent versions may |
---|
| 1404 | address new issues encountered by Free Software. |
---|
| 1405 | |
---|
| 1406 | 12.3 Any Software distributed under a given version of the Agreement may |
---|
| 1407 | only be subsequently distributed under the same version of the Agreement |
---|
| 1408 | or a subsequent version, subject to the provisions of Article 5.3.4. |
---|
| 1409 | |
---|
| 1410 | |
---|
| 1411 | Article 13 - GOVERNING LAW AND JURISDICTION |
---|
| 1412 | |
---|
| 1413 | 13.1 The Agreement is governed by French law. The Parties agree to |
---|
| 1414 | endeavor to seek an amicable solution to any disagreements or disputes |
---|
| 1415 | that may arise during the performance of the Agreement. |
---|
| 1416 | |
---|
| 1417 | 13.2 Failing an amicable solution within two (2) months as from their |
---|
| 1418 | occurrence, and unless emergency proceedings are necessary, the |
---|
| 1419 | disagreements or disputes shall be referred to the Paris Courts having |
---|
| 1420 | jurisdiction, by the more diligent Party. |
---|
| 1421 | |
---|
| 1422 | |
---|
| 1423 | Version 2.0 dated 2006-09-05. |
---|
| 1424 | |
---|
| 1425 | |
---|
| 1426 | |
---|
| 1427 | |
---|
| 1428 | |
---|