emc2 license

[Jason L Tibbitts III]

Several users here want to use the emc2 mesh generation software so I
figured I'd package it up if the license is acceptable.

The software page in English is at:
  http://www-c.inria.fr/gamma/cdrom/www/emc2/eng.htm

The COPYRIGHT file, however, is in French:
  http://www-c.inria.fr/gamma/cdrom/www/emc2/copyright.htm

There seems to be some sort of commercial utilization clause, but my
French is too limited to comprehend its scope.

 - J<

[Mathieu Bridon]

Hi,

Need a french speaker ?

>  The COPYRIGHT file, however, is in French:
>   http://www-c.inria.fr/gamma/cdrom/www/emc2/copyright.htm
>
>  There seems to be some sort of commercial utilization clause, but my
>  French is too limited to comprehend its scope. 
Here is a rough translation. Beware, I am not a lawyer, I certainly
didn't use the most appropriate legal terms, etc...

-----
COPYRIGHT emc2.

Software EMC2 (c) INRIA 1998 version 2.06c from october 1998,
referenced to as " the  SOFTWARE" below.

The SOFTWARE was conceived and developed by :Frédéric Hecht and Eric
Saltel, researchers in the Menusin and Modulef projects at the
National Institute of Research in Computing and Automating (INRIA) -
Domaine de Voluceau - Rocquencourt - 78153 Le Chesnay Cedex.

INRIA holds all property rights on the SOFTWARE.

Preamble:

The SOFTWARE is under development and INRIA wants it to be used by the
scientific comunity so that it gets tested, evaluated and so that it
can evolve.

To that purpose, INRIA decided to distribute the source code of the
prototype of the SOFTWARE by FTP.

a) Scope of the rights conceded by INRIA to the user of the SOFTWARE

INRIA graciously grants the right to reproduce, use, distribute,
modify the software as part of non commercial experimentations, as
well as the right to experiment, in integration purpose, the software
in another program.

b) Reproduction of the SOFTWARE

    * Articles 9 and 10 of the Berne Convention for the protection of
literary and artistic works, respectively in their paragraphs 2 and 3,
authorizing reproduction and quotation of intellectual works, only in
the conditions:
    * "provided that such reproduction does not conflict with a normal
exploitation of the work and does not unreasonably prejudice the
legitimate interests of the author.
    * Where use is made of works in accordance with the preceding
paragraphs of this Article, mention shall be made of the source, and
of the name of the author if it appears thereon.", any usage or
reproduction of the softwares and/or documents that are the exclusive
property of INRIA in a non-profit goal or to a commercial purpose is
bound to previous agreement from INRIA.

Any commercial usage made without previous consent from INRIA would
then be a counterfeiting offense.

c) Information feedback

Any user of the SOFTWARE will give feedback on usage of the SOFTWARE
to INRIA (email: Frédéric Hecht).

d) Warranties :

It is reminded that the SOFTWARE is a research product under development.

INRIA could not ensure any responsibility and would not in any case be
held liable to repair any direct or indirect damage suffered by the
user.


Frédéric Hecht

Last modified: Thu May 19 1998
-----

Note that the 2 mentioned articles from the Berne Convention are not
my translation, they are the real paragraphs. I picked them here:
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html

Hope that can be useful.

Regards,


----------

Mathieu Bridon (bochecha)

[Tom Callaway]

On 05/14/2009 01:50 PM, Jason L Tibbitts III wrote:
>  Several users here want to use the emc2 mesh generation software so
> I
>  figured I'd package it up if the license is acceptable.
>  
>  The software page in English is at:
>    http://www-c.inria.fr/gamma/cdrom/www/emc2/eng.htm
>  
>  The COPYRIGHT file, however, is in French:
>    http://www-c.inria.fr/gamma/cdrom/www/emc2/copyright.htm
>  
>  There seems to be some sort of commercial utilization clause, but my
>  French is too limited to comprehend its scope. 
Based on the translation, it looks to have strict non-commercial use
clauses, making it non-free.

~spot