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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.