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Copyright (c) EDF 2017

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There are special terms and conditions of license applied to the PyCATSHOO software. See the file “license.rtf” in the directory of the program distribution and the URL: http://www.pycatshoo.org/download/licenses.html

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Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to use the Software.

No access to the source code is given to the licensee.

It is expressively forbidden to decompile, reverse assemble, copy, modify, merge, publish, distribute, sublicense, deal in the Software and/or sell copies of the Software.

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

PyCATSHOO is made using external components and libraries. They are listed at the end of this file.

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External components, libraries and icons:

- BOOST Library, licensed BSL 1.0; http://www.boost.org/users/license.html

- GLPK Library with optional use. PyCATSHOO provides a wrapper which can call GLPK routines. The use of this wrapper requires downloading the GLPK library which is distributed under GPLv3; https://www.gnu.org/licenses/gpl.html

- Python, licensed under PSF license; https://docs.python.org/3/license.html#psf-license-agreement-for-python-release
- Pycharm, licensed Apache 2.0 license; https://www.apache.org/licenses/LICENSE-2.0

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 PyCATSHOO SOFTWARE LICENSE AGREEMENT

This Software License Agreement (hereafter “this Agreement”) is entered into between:

EDF S.A. (hereinafter referred to as “EDF”), a company existing and organized under French law, whose registered office is located at 22-30, avenue de Wagram, 75382 Paris CEDEX 08, France, entered in the RCS (trade and company register) of Paris under the number B 552 081 317, represented by EDF R&D, located at

7 boulevard Gaspard Monge, 91120 PALAISEAU t CEDEX, France,

And YOU, the LICENSEE.

 

EDF and the LICENSEE are hereinafter also referred to individually as a “Party” and collectively as the “Parties”.

 

 

ARTICLE1 – SUBJECT OF THE AGREEMENT

This Agreement defines the terms and conditions for the use of the Program by the LICENSEE, such as define hereafter.

 

ARTICLE 2 – NATURE AND SCOPE OF THE LICENSE

Under the terms and conditions of this Agreement, EDF grants to LICENSEE a free of charge, temporary, nonexclusive nontransferable and non-sub licensable right to use the executable code of the software program (hereinafter “the Program”).

The right to use the Program is limited to LICENSEE’s own internal needs. LICENSEE will not use the Program for any other purpose, including without limitation any use of the Program for commercial purposes is excluded without prior authorization of EDF.

LICENSEE is not authorized to copy the Program user documentation, unless prior written acceptance by EDF.

Except as expressly provided in this Agreement, no right to copy, modify, merge, publish, distribute, sublicense, deal in the Program and/or sell copies of the Program is hereby granted to the LICENSEE. In no event shall the LICENSEE reverse assemble or decompile all or part of the Program into a source code version thereof.

 

 

ARTICLE 3 – PROTECTION AND NON-DISCLOSURE

The LICENSEE acknowledges that the Program is proprietary information and a trade secret of EDF. The LICENSEE shall preserve and include any proprietary notice, such as copyright or trademark notices, which may appear in the Program in all copies thereof, whether such copies are in whole or in part, in machine readable form or in printed form.

Upon expiration or termination of this Agreement for any reason whatsoever, the obligations of this Article 3 remain in force as long as the elements contained therein are not entered into the public domain, without breach of its obligations by LICENSEE under the Agreement.

 

ARTICLE 4 – EFFECTIVE DATE, TERM AND TERMINATION

 

This Agreement shall become effective as of its acceptance by the LICENSEE, and shall remain in full force and effect for ONE (1) year. 

The acceptance is effective once the Program is installed on the LICENSEE’s machine.

 

This Agreement may be terminated by a Party for breach of any of its obligation by the other Party under this Agreement (hereinafter "Defaulting Party"). Such termination becomes effective within one (1) month after the other Party has sent a registered letter with acknowledgment of receipt to the Defaulting Party stating the grounds of the complaint, unless within that period of one (1) month, the Defaulting Party has fulfilled its obligations, or has provided evidence of a case of force majeure.

 

Such termination shall not relieve the Defaulting Party of its obligation under this Agreement and termination by the other Party is made without prejudice for said Party to obtain damages.

 

Upon expiration or termination of this Agreement, LICENSEE shall immediately:

 

·      cease using the Program;

·      destroy all copies or reproductions of the Program, including libraries, executable code and user documentation relating to the Program, in any form whatsoever.

 

In addition, LICENSEE, within one (1) month from expiration or termination of this Agreement, shall certify EDF in writing that it has complied with any such requirement. Such certification shall be signed by a legal representative of LICENSEE.

 

ARTICLE 5 - RELATED SERVICES

 

Under no circumstances shall the Agreement oblige EDF to provide technical assistance or maintenance services for the Program.

 

ARTICLE 6 - DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

 

THE PROGRAM IS LICENSED TO LICENSEE HEREUNDER ON AN "AS IS" BASIS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ITS SAFE, INNOVATIVE OR RELEVANT NATURE.

 

EDF does not warrant expressly or implicitly, without limitation, that (i) the Program will meet reverse LICENSEE's requirements or will enable it to attain the objectives LICENSEE has set for itself, or that they will operate in the combination or environment selected for use by LICENSEE, or (ii) the operation of the Program will be uninterrupted or free of errors or (iii) the correction of any error in the Program, (iv) the compatibility of the Program, or data structures generated by use of the Program, with any later version or release of the Program, if any, or any other existing or future program of EDF (v) compatibility of the Program with LICENSEE's equipment and its software configuration.

LICENSEE AGREES (i) THAT NO CLAIM SHALL BE MADE AGAINST EDF FOR DIRECT, INDIRECT, INCLUDING LOSS of profit, revenues, goodwill, opportunity, business, anticipated savings, OR OTHERWISE, ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATING TO THE USE OF THE PROGRAM(S) BY LICENSEE, AND (ii) TO INDEMNIFY AND HOLD EDF HARMLESS FROM ANY AND ALL LIABILITY OR EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF THIS AGREEMENT.

 

ARTICLE 7 - INFRINGEMENT

 

Any unauthorized use of the Program under this Agreement shall constitute infringement and justify any legal actions by EDF.

 

In case a claim is made against LICENSEE by a third party on the basis that the Program infringes any such third party’s rights, including patents, software or other intellectual property rights, LICENSEE shall solely bear the costs of the proceedings and of any of any sentence that might be pronounced against LICENSEE, and cannot, under any circumstances, ask EDF any compensation.

Shall LICENSEE be aware of any act of infringement or of unfair competition caused by a third party, LICENSEE agrees to inform EDF who will decide, at its sole discretion, of the actions to be taken, if any.

 

ARTICLE 8 - MISCELLANEOUS

 

This Agreement is made "intuitu personae" with the LICENSEE. Therefore, LICENSEE cannot, under any circumstances, transfer this Agreement in whole or in part without prior written consent of EDF. For the avoidance of doubt, such restriction does not apply to EDF which may freely assign all or part of its rights and obligations under the Agreement. Where applicable, EDF will so notify LICENSEE.

Nothing contained herein shall be construed as an obligation of either party, either express or implied, to subsequently develop, market or license the Program, or any similar program(s) incorporating some or all of the functionalities contained therein.

Neither Party hereto shall be liable for any default in the performance of its obligations under this Agreement resulting from a case of force majeure as defined by French law and construed by French courts.

A Party's failure at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision.

This Agreement is the complete agreement between the Parties relating to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, representations, purchase orders and communications, whether oral or written and this Agreement may be modified only by written amendment signed by the Parties and no other act, document, usage or custom shall be deemed to amend or modify this Agreement.

In the event any part of this Agreement is found to be unenforceable, invalid or illegal in any respect, the Parties shall promptly amend this Agreement to comply with the legal requirements. The remaining provisions shall be binding with the same effect as if the invalid, illegal or unenforceable part was originally deleted until amended. 

The Parties agree that this Agreement shall in no way be construed or considered as creating a partnership, a corporation, a joint venture or partnership or any similar relationship. The affectio societatis and the sharing of profits and losses are expressly excluded.

The rights and obligations of Article 3, "Protection and Non-Disclosure", Article 6, "Disclaimer of Warranty and Limitation of Liability", Article 7 “Infringement”, Article 8 “Miscellaneous” and 9 “Governing Law and Jurisdiction” as well as any other section or provision which, by its nature, would normally survive any such termination, shall endure irrespective of the prior expiration or termination of this Agreement, and shall bind the Parties and their legal representatives, successors and assigns.

 

ARTICLE 9 - GOVERNING LAW AND JURISDICTION

 

This Agreement shall be governed and construed in accordance with the laws of France.

The Court of Paris shall have exclusive jurisdiction to hear any dispute arising out of or in connection with the interpretation and/or performance of this Agreement. Nonetheless, LICENSEE acknowledges and agrees that the paragraph immediately above shall not prevent, restrict or otherwise limit in any manner, EDF rights to seek equitable remedies, including injunctive relief before any competent court in any jurisdiction.