LICENSE

                                       LICENCE
                                    SOFTWARE bemol

DEFINITIONS:

SOFTWARE: means bemol in source code and the associated documentation
(hereafter the “DOCUMENTATION”)

MODIFIED VERSION” means the SOFTWARE modified by the LICENSEE.

USE (or USED): means the use of the SOFTWARE or the MODIFIED VERSION for public
and private research or development, applied or not, for public assessment as
well as for implementation of an internal activity of the LICENSEE.
The use here above authorized can be only without a direct profit
or direct profit-making purpose.

SERVICE: means services provided by IFPEN concerning the SOFTWARE
such as corrective maintenance, upgrading etc.

ENTRY INTO FORCE: means the date a copy of the SOFTWARE is downloaded by the LICENSEE.

  1. PURPOSE -- The purpose of the LICENCE is to define the conditions under
     which IFPEN grants the LICENSEE, who accepts, a non-exclusive right
     to USE the SOFTWARE for the term of the CONTRACT.
  
  2. DELIVERY – PRICE -- The SOFTWARE is provided free of charge and AS IS by
     IFPEN through the following communication channel: https://github.com/ifpen/bemol.
     Instructions for installation is provided in the DOCUMENTATION.
  
  3. RIGHTS GRANTED TO THE LICENSEE -- IFPEN grants to the LICENSEE the rights: 
    - to reproduce, represent and operate the SOFTWARE for the USE by loading,
      displaying, running, transmitting, or storing the SOFTWARE in the sole
      digital form in whole or in part 
    - to modify the source code of the SOFTWARE for the USE to create a
      MODIFIED VERSION 
    - the right to USE the MODIFIED VERSION 
  
  4. COMMUNICATION AND USE OF THE MODIFIED VERSION by IFPEN
     The LICENSEE hereby accepts when downloading the SOFTWARE to grant IFPEN the
     right to USE the MODIFIED VERSION and all the rights mentioned in
     APPENDIX A of this LICENCE. The LICENSEE guarantees that it has the power
     to assign all the intellectual property rights over the
     MODIFIED VERSION to IFPEN.

  5. SERVICES -- No SERVICES are provided by IFPEN under this LICENCE.
  
  6. INFRINGMENT -- The rights defined in article 1 to 4 are the only rights
     granted to the LICENSEE. Any use of the SOFTWARE or the MODIFIED VERSION
     that is not authorized by the LICENCE shall be considered as an infringement
     or a contractual breach on the basis of which IFPEN may validly initiate
     legal proceedings against the LICENSEE.
  
  7. NO WARRANTY -- THE LICENSEE ACKNOWLEDGES BEING INFORMED THAT NO SPECIFIC
     FREEDOM TO OPERATE HAS BEEN GRANTED FOR THE SOFTWARE LICENSED, ENSURING
     ITS FREE USE/EXPLOITATION FOR A SPECIFIC PURPOSE OR IN A SPECIFIC TERRITORY.
     THE LICENSEE ALSO ACKNOWLEDGES AND ACCEPTS THAT THE USE AND EXPLOITATION OF
     THE SOFTWARE OR MODIFIED VERSION IS AT ITS SOLE RISK. THE SOFTWARE IS
     PROVIDED "AS IS," AND THE LICENSEE ACCEPTS THAT SAID SOFTWARE MAY CONTAIN
     DEFECTS AND/OR OPERATIONAL OR EVEN DESIGN FAILURES. CONSEQUENTLY, IN THE
     EVENT OF A CLAIM OR LEGAL ACTION INITIATED AGAINST THE LICENCEE BY A THIRD
     PARTY DUE TO ANY USE OF THE SOFTWARE MADE BY LICENSEE, THE LICENSEE SHALL
     NOT BE ENTITLED TO ANY INDEMNITY, COMPENSATION, OR OTHER FORM OF DAMAGES
     FROM IFPEN. THE LICENSEE SHALL ASSUME THE WHOLE RESPONSIBILITY FOR THE USE
     OF THE SOFTWARE OR MODIFIED VERSION AND SHALL HOLD IFPEN HARMLESS AGAINST
     ALL CONSEQUENCES THAT MAY ARISE FOR THE LICENSEE, WHETHER IN TERMS OF
     CONTRACTUAL OR TORT LIABILITY, EXCEPT IN THE CASE OF PROVEN GROSS
     NEGLIGENCE OR WILLFUL MISCONDUCT ATTRIBUTABLE TO IFPEN.
  
  8. DURATION AND TRANSFER -- The LICENCE is valid from the ENTRY INTO FORCE
     for the duration of protection of the author rights attached to the SOFTWARE
     and MODIFIED VERSION. This LICENCE may be revoked at any time by IFPEN in
     case of non-compliance by the LICENSEE to this LICENCE. The termination
     or expiry of the LICENCE for any reason shall not affect the provisions
     of the LICENCE intended to produce effects upon termination or expiry.
     IFPEN is allowed to transfer the LICENCE to any third party.
  
  9. COMMUNICATION -- Any communication and/or publication by the LICENSEE of
     work carried out using the SOFTWARE or a MODIFIED VERSION shall mention
     that IFPEN or another licensee who obtained a legal copy of the SOFTWARE,
     made or developed the said software with the following notice:
     Date/version/name of the software developed by IFPEN under License
     (link to the license)
  
  10. NORMAL USE -- This LICENCE shall not be interpreted as making it possible
     to interfere with the normal exploitation of the SOFTWARE or
     MODIFIED VERSION by IFPEN or any other licensed third party or to cause
     unreasonable harm to IFPEN’S legitimate interests. In particular,
     the LICENSEE may not use the SOFTWARE or the MODIFIED VERSION to develop,
     produce and market a software, database, or creation the expression of
     which is substantially similar to the SOFTWARE or the MODFIED VERSION or for
     any other act that breaches IFPEN’s authors’ rights or the provisions
     of this LICENCE.
  
  11. APPLICABLE LAW AND JURISDICTION -- This Contract is governed by French law. 
     Any dispute related to the interpretation, performance, or validity of
     this CONTRACT, shall be resolved first by an amicable procedure.
     If the PARTIES reach an agreement, it shall be acted in writing,
     signed by each PARTY. The conciliation shall be written in English.
     The PARTIES agree to request to the competent judge the approval of the
     agreement to confer it a binding force.
     In case of non-resolution within a period of two (2) months,
     the Judicial Court (Tribunal Judiciaire) of PARIS shall have jurisdiction.


APPENDIX A: Assignment of the MODIFIED VERSION
 
ARTICLE 1. PURPOSE OF ASSIGNMENT

The LICENSEE shall assign to IFPEN, which accepts, without consideration
and as and when they are created, all its intellectual property rights over
the MODIFIED VERSION, on an exclusive basis, in all countries, for the legal
duration of protection of intellectual property rights under national and
international regulations, for all existing and future formats or existing or
future media (including paper, computer, magnetic media, optical media, video,
digital media, online data processing or electronic), whatever the destination,
in as many copies as IFPEN deems necessary, and for all uses and needs of IFPEN
(including those provided by the French Environmental Code) as well as all
commercial and non-commercial uses, whether advertising or not.
These rights may be exclusively or non-exclusively assigned to any
third party IFPEN chooses.

ARTICLE 2. ASSIGNED RIGHTS OVER MODIFIED VERSION

The LICENSEE shall assign, in the conditions provided for in Article 1,
the following rights:

(i) - the right to reproduce, disseminate, or distribute, on a permanent
or temporary basis, the MODIFIED VERSION by any means and in any form,
in part or in whole;

(ii) - the right to translate, adapt, arrange, or modify in any way including
deleting the MODIFIED VERSION and to reproduce the resulting MODIFIED VERSION
including, in whole or in part, the right to incorporate, in whole or in part,
the MODIFIED VERSION in another creation and vice versa;

(iii) - the right to put on the market for consideration or not, including
by rental, the MODIFIED VERSION or copies resulting therefrom by any process.
For the purpose of this APPENDIX A, the term commercial uses includes (i) any
disclosure, supply, assignment, transfer, sale, rental, distribution and/or
provision of all or part of the MODIFIED VERSION alone or incorporated or
incorporating other creations to a third party, (ii) more generally, any use
generating profits or revenues.
The term non-commercial includes notably (i) IFPEN research and development
work for its own account or on behalf of third parties, (ii) use in IFPEN’s own
facilities or facilities in which IFPEN operates or in third-party facilities,
and (iii) use for assessments, public or private appraisals; studies at the
request of third parties or at the request of the public authorities, with
or without consideration.


The assigned rights include the right for IPFEN to assign or grant to third
parties all or part of the rights granted under Articles 1 and 2 of this
APPENDIX A under the same conditions as articles 1 and 2.

The right to reproduce includes the right to reproduce or cause to be
reproduced the MODIFIED VERSION, in whole or in part, separately or incorporated
in one or more components or incorporating one or more other components,
whatever the destination, by any means, any form and format, existing or
future, including paper, computer, magnetic, optical, video, digital, online
data processing, or electronic format, in as many copies as IFPEN deems necessary.

The right to execute includes the right to publicly execute or cause to
be executed, in whole or in part, the MODIFIED VERSION or their secondary
operations, separately or incorporated in one or more components or
incorporating one or more other components, by any current or future
communication means or media, including, in particular, public or private display,
terrestrial broadcasting, by cable, satellite, and the digital network,
by analogue, digital and/or on-line data transmission, or by any national or
international public or private means, telecommunication and electronic
transmission networks, for any public or private body, internal or external,
for national or international execution, by a specific or common broadcast channel;

The right to adapt includes the right to translate or to have translated
the MODIFIED VERSION into any language, programming language, to make
corrections, adaptations, assemblies, and modifications necessary to use and
promote the MODIFIED VERSION. It also includes the right to use, for the
needs of IFPEN, extracts from these MODIFIED VERSIONS or components that
have been used to reproduce, execute and/or market them in any composite work.

The right to distribute includes the right to put on the market, in whole
or in part, MODIFIED VERSION, whether or not for consideration, to lend,
rent, or sell, by any means or format, existing or future, for all or part of
the public or third parties without restriction.