NOTICE TO USER:
Please, read this carefully. By downloading the Software you accept all the terms and conditions of this Agreement.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Agreement” means this licence agreement in its latest version as publish on the Internet Website.
“Effective Date” means the date of the download of the Software by the Licensee.
“Internet Website” means the website where the Software can be downloaded.
“Licensee” means You who have downloaded the Software or the legal entity for the activity of which you Use the Software.
“Licensor” or “CEA-LIST” means Commissariat à l’Energie Atomique (CEA), a French state-owned research entity with a scientific, technical or industrial activity duly organised under the laws of France and having its registered office located at 25 rue Leblanc, Bâtiment « Le Ponant D » - 75015 Paris, FRANCE, and declared at the Paris Register of Commerce and Trade (“Registre du Commerce et des Sociétés de Paris”) under the following registration number: R.C.S. Paris B 775 685 019.
“Parties” means the Licensee and the Licensor
“Software” means the software named “ColibryCOLIBRI” in source code or binary code, composed of (a) all of the contents of the files, (ii) related explanatory written materials or files (“Documentation”); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions of the Software if any. COLIBRI is a constraint librairy designed by CEA with the support of IRSN
“Use” or “Using” means to load, install, copy, run and the Software in accordance with the Documentation for test, evaluation, educational purposes or internal research purposes.
The Licensee is granted a worldwide, non-transferable, non-exclusive right to Use the Software in binary code only, for test, evaluation, educational purposes or internal research purposes only and for the duration identified in article 7.
The right to Use includes:
The rights to install the Software in binary code;
The right to use the Software according to the terms and conditions of the Agreement;
The right to make permanent or temporary copies of the Software for test, evaluation, educational purposes or internal research purposes and notably for the need of having a backup copy; Any Use of the backup copy is ruled by the Agreement.
Any other use and notably industrial or commercial uses is not authorised. The Agreement notably does not grant the Licensee the right to sublicense, distribute, publish, transmit communicate the Software nor to modify, adapt, translate, arrange, correct or make any other modification or create derivative works based upon the Software.
The Licensee shall not alter or remove any copyright or other proprietary notice that appears on or in the Software. Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. No rights is granted on the Software in source code.
The Licensor may decide in its sole discretion to propose on the Internet Website some modified versions, updates or additions to the Software to be downloaded. The Agreement apply to such elements downloaded by the Licensor.
Use according to the terms and conditions of the Agreement is free of charge and no royalty or licensing fees shall be paid by the Licensee.
The Software is protected by Intellectual Property Rights, including without limitation by Copyright Law and international treaty provisions.
No proprietary rights in and to the Software is transferred to the Licensee by the Agreement. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software.
The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor. The Licensee agrees not to decompile, disassemble reverse-engineer or otherwise attempt to discover the source code of the Software.
No rights is granted on any CEA’s trademarks.
The Software is being delivered to the Licensee “AS IS” and the Licensor makes no warranty as to its Use or performance, nore to the non-infringement of any third party’s rights. The Software is a Beta version, which the Licensee acknowledges.
The Licensor does not and cannot warrant the performance or results the Licensee may obtain by Using the Software. The entire risk arising out of Use of the Software remains with the Licensee.
The Licensor gives no warranty, express or implied, that (i) the Software will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) that the Software will operate error free or without interruption or that any errors will be corrected.
No assistance no maintenance service is due by the Licensor to the Licensee according to the Agreement about the Software.
In no event will the Licensor be liable for any direct or indirect damage even if the Licensor has been advised of the possibility of any loss, damage, claims or costs or for any claim by any third party.
Any use of the Software that would not be compliant with the terms and conditions of the Agreement should be a counterfeit that justifies any lawsuits by the Licensor against the Licensee.
This Agreement shall become effective on the Effective Date and shall continue in full force after the Effective Date for the period of protection by IP rights of the Software unless sooner terminated pursuant to Article “Termination”.
This Agreement may be terminated by full right by the Licensor should the Licensee not respect the terms and conditions of the Agreement and should not correct the failure within a period of thirty ( 30 ) days as of the date of issue of notification of cancellation made by the Licensor by any means. In this case, termination of the Agreement shall take effect at the end of the above-mentioned deadline or at a later date if decided otherwise in the letter of notification. In such a Case, the Licensor shall stop to Use the Software and destroy any copy of the Software.
This Agreement shall be governed by and interpreted in accordance with the laws of France
Any dispute shall be raised to the PARIS Court which shall be the sole court of competent jurisdiction.
This Agreement constitute the entire understanding between the Licensor and the Licensee concerning the subject matter hereof and supersede and replace all prior discussions, agreements and representations, whether oral or written and whether or not executed. Further, the terms and conditions of this Agreement shall prevail notwithstanding any variance with the pre-printed terms and conditions of any purchase order, invoice, acknowledgement or any other such form or document even if signed by both Parties hereto; to the extend in variance such pre-printed terms and conditions shall be null and void and of no force and effect. In the event of inconsistencies between this Agreement and any of the annexes, the Parties agree that the Agreement shall prevail.
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