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‎LICENSE‎

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TO BE DEFINED
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LICENCE
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SOFTWARE bemol
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DEFINITIONS:
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SOFTWARE: means bemol in source code and the associated documentation
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(hereafter the “DOCUMENTATION”)
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MODIFIED VERSION” means the SOFTWARE modified by the LICENSEE.
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USE (or USED): means the use of the SOFTWARE or the MODIFIED VERSION for public
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and private research or development, applied or not, for public assessment as
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well as for implementation of an internal activity of the LICENSEE.
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The use here above authorized can be only without a direct profit
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or direct profit-making purpose.
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SERVICE: means services provided by IFPEN concerning the SOFTWARE
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such as corrective maintenance, upgrading etc.
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ENTRY INTO FORCE: means the date a copy of the SOFTWARE is downloaded by the LICENSEE.
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1. PURPOSE -- The purpose of the LICENCE is to define the conditions under
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which IFPEN grants the LICENSEE, who accepts, a non-exclusive right
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to USE the SOFTWARE for the term of the CONTRACT.
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2. DELIVERY – PRICE -- The SOFTWARE is provided free of charge and AS IS by
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IFPEN through the following communication channel: xxxAdresseGitIFPENxx.
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Instructions for installation is provided in the DOCUMENTATION.
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3. RIGHTS GRANTED TO THE LICENSEE -- IFPEN grants to the LICENSEE the rights:
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- to reproduce, represent and operate the SOFTWARE for the USE by loading,
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displaying, running, transmitting, or storing the SOFTWARE in the sole
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digital form in whole or in part
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- to modify the source code of the SOFTWARE for the USE to create a
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MODIFIED VERSION
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- the right to USE the MODIFIED VERSION
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4. COMMUNICATION AND USE OF THE MODIFIED VERSION by IFPEN
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The LICENSEE hereby accepts when downloading the SOFTWARE to grant IFPEN the
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right to USE the MODIFIED VERSION and all the rights mentioned in
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APPENDIX A of this LICENCE. The LICENSEE guarantees that it has the power
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to assign all the intellectual property rights over the
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MODIFIED VERSION to IFPEN.
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5. SERVICES -- No SERVICES are provided by IFPEN under this LICENCE.
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6. INFRINGMENT -- The rights defined in article 1 to 4 are the only rights
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granted to the LICENSEE. Any use of the SOFTWARE or the MODIFIED VERSION
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that is not authorized by the LICENCE shall be considered as an infringement
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or a contractual breach on the basis of which IFPEN may validly initiate
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legal proceedings against the LICENSEE.
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7. NO WARRANTY -- THE LICENSEE ACKNOWLEDGES BEING INFORMED THAT NO SPECIFIC
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FREEDOM TO OPERATE HAS BEEN GRANTED FOR THE SOFTWARE LICENSED, ENSURING
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ITS FREE USE/EXPLOITATION FOR A SPECIFIC PURPOSE OR IN A SPECIFIC TERRITORY.
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THE LICENSEE ALSO ACKNOWLEDGES AND ACCEPTS THAT THE USE AND EXPLOITATION OF
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THE SOFTWARE OR MODIFIED VERSION IS AT ITS SOLE RISK. THE SOFTWARE IS
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PROVIDED "AS IS," AND THE LICENSEE ACCEPTS THAT SAID SOFTWARE MAY CONTAIN
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DEFECTS AND/OR OPERATIONAL OR EVEN DESIGN FAILURES. CONSEQUENTLY, IN THE
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EVENT OF A CLAIM OR LEGAL ACTION INITIATED AGAINST THE LICENCEE BY A THIRD
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PARTY DUE TO ANY USE OF THE SOFTWARE MADE BY LICENSEE, THE LICENSEE SHALL
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NOT BE ENTITLED TO ANY INDEMNITY, COMPENSATION, OR OTHER FORM OF DAMAGES
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FROM IFPEN. THE LICENSEE SHALL ASSUME THE WHOLE RESPONSIBILITY FOR THE USE
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OF THE SOFTWARE OR MODIFIED VERSION AND SHALL HOLD IFPEN HARMLESS AGAINST
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ALL CONSEQUENCES THAT MAY ARISE FOR THE LICENSEE, WHETHER IN TERMS OF
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CONTRACTUAL OR TORT LIABILITY, EXCEPT IN THE CASE OF PROVEN GROSS
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NEGLIGENCE OR WILLFUL MISCONDUCT ATTRIBUTABLE TO IFPEN.
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8. DURATION AND TRANSFER -- The LICENCE is valid from the ENTRY INTO FORCE
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for the duration of protection of the author rights attached to the SOFTWARE
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and MODIFIED VERSION. This LICENCE may be revoked at any time by IFPEN in
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case of non-compliance by the LICENSEE to this LICENCE. The termination
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or expiry of the LICENCE for any reason shall not affect the provisions
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of the LICENCE intended to produce effects upon termination or expiry.
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IFPEN is allowed to transfer the LICENCE to any third party.
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9. COMMUNICATION -- Any communication and/or publication by the LICENSEE of
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work carried out using the SOFTWARE or a MODIFIED VERSION shall mention
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that IFPEN or another licensee who obtained a legal copy of the SOFTWARE,
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made or developed the said software with the following notice:
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Date/version/name of the software developed by IFPEN under License
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(link to the license)
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10. NORMAL USE -- This LICENCE shall not be interpreted as making it possible
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to interfere with the normal exploitation of the SOFTWARE or
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MODIFIED VERSION by IFPEN or any other licensed third party or to cause
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unreasonable harm to IFPEN’S legitimate interests. In particular,
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the LICENSEE may not use the SOFTWARE or the MODIFIED VERSION to develop,
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produce and market a software, database, or creation the expression of
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which is substantially similar to the SOFTWARE or the MODFIED VERSION or for
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any other act that breaches IFPEN’s authors’ rights or the provisions
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of this LICENCE.
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11. APPLICABLE LAW AND JURISDICTION -- This Contract is governed by French law.
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Any dispute related to the interpretation, performance, or validity of
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this CONTRACT, shall be resolved first by an amicable procedure.
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If the PARTIES reach an agreement, it shall be acted in writing,
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signed by each PARTY. The conciliation shall be written in English.
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The PARTIES agree to request to the competent judge the approval of the
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agreement to confer it a binding force.
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In case of non-resolution within a period of two (2) months,
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the Judicial Court (Tribunal Judiciaire) of PARIS shall have jurisdiction.
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APPENDIX A: Assignment of the MODIFIED VERSION
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ARTICLE 1. PURPOSE OF ASSIGNMENT
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The LICENSEE shall assign to IFPEN, which accepts, without consideration
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and as and when they are created, all its intellectual property rights over
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the MODIFIED VERSION, on an exclusive basis, in all countries, for the legal
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duration of protection of intellectual property rights under national and
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international regulations, for all existing and future formats or existing or
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future media (including paper, computer, magnetic media, optical media, video,
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digital media, online data processing or electronic), whatever the destination,
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in as many copies as IFPEN deems necessary, and for all uses and needs of IFPEN
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(including those provided by the French Environmental Code) as well as all
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commercial and non-commercial uses, whether advertising or not.
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These rights may be exclusively or non-exclusively assigned to any
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third party IFPEN chooses.
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ARTICLE 2. ASSIGNED RIGHTS OVER MODIFIED VERSION
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The LICENSEE shall assign, in the conditions provided for in Article 1,
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the following rights:
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(i) - the right to reproduce, disseminate, or distribute, on a permanent
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or temporary basis, the MODIFIED VERSION by any means and in any form,
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in part or in whole;
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(ii) - the right to translate, adapt, arrange, or modify in any way including
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deleting the MODIFIED VERSION and to reproduce the resulting MODIFIED VERSION
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including, in whole or in part, the right to incorporate, in whole or in part,
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the MODIFIED VERSION in another creation and vice versa;
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(iii) - the right to put on the market for consideration or not, including
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by rental, the MODIFIED VERSION or copies resulting therefrom by any process.
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For the purpose of this APPENDIX A, the term commercial uses includes (i) any
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disclosure, supply, assignment, transfer, sale, rental, distribution and/or
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provision of all or part of the MODIFIED VERSION alone or incorporated or
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incorporating other creations to a third party, (ii) more generally, any use
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generating profits or revenues.
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The term non-commercial includes notably (i) IFPEN research and development
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work for its own account or on behalf of third parties, (ii) use in IFPEN’s own
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facilities or facilities in which IFPEN operates or in third-party facilities,
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and (iii) use for assessments, public or private appraisals; studies at the
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request of third parties or at the request of the public authorities, with
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or without consideration.
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The assigned rights include the right for IPFEN to assign or grant to third
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parties all or part of the rights granted under Articles 1 and 2 of this
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APPENDIX A under the same conditions as articles 1 and 2.
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The right to reproduce includes the right to reproduce or cause to be
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reproduced the MODIFIED VERSION, in whole or in part, separately or incorporated
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in one or more components or incorporating one or more other components,
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whatever the destination, by any means, any form and format, existing or
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future, including paper, computer, magnetic, optical, video, digital, online
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data processing, or electronic format, in as many copies as IFPEN deems necessary.
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The right to execute includes the right to publicly execute or cause to
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be executed, in whole or in part, the MODIFIED VERSION or their secondary
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operations, separately or incorporated in one or more components or
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incorporating one or more other components, by any current or future
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communication means or media, including, in particular, public or private display,
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terrestrial broadcasting, by cable, satellite, and the digital network,
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by analogue, digital and/or on-line data transmission, or by any national or
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international public or private means, telecommunication and electronic
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transmission networks, for any public or private body, internal or external,
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for national or international execution, by a specific or common broadcast channel;
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The right to adapt includes the right to translate or to have translated
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the MODIFIED VERSION into any language, programming language, to make
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corrections, adaptations, assemblies, and modifications necessary to use and
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promote the MODIFIED VERSION. It also includes the right to use, for the
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needs of IFPEN, extracts from these MODIFIED VERSIONS or components that
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have been used to reproduce, execute and/or market them in any composite work.
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The right to distribute includes the right to put on the market, in whole
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or in part, MODIFIED VERSION, whether or not for consideration, to lend,
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rent, or sell, by any means or format, existing or future, for all or part of
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the public or third parties without restriction.
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