IRCAM Forum Software License Agreement

I-Definitions

Article 1

IRCAM hereby grants you a license to use the software and documentation identified below only upon the condition that you accept all of the terms contained in this license Agreement. The media on which the software covered by this Agreement is installed or downloaded is your property, however IRCAM retains ownership of the software programs covered by this Agreement. The license defined in this Agreement includes all corrections, enhancements, and/or updates provided by IRCAM unless these corrections, enhancements, and/or updates are the object of an independent Agreement between you and IRCAM.

Article 2 – Forum Software

The IRCAM Forum offer includes all IRCAM software programs that can be downloaded from the FourmNet website, be they free or of charge.

This agreement applies to all IRCAM Forum software programs acquired by the user as of the date of purchase and/or download during the period of maintenance and service. In this agreement, both the terms “Software” and “Forum Software” refer to all IRCAM Forum software programs.

Article 3 – Maintenance and Services

You are granted a one-year license to use the aforementioned software as a part of your IRCAM Forum membership.  Past this date, you must renew your membership according to the terms in Section III. The Forum’s objective is to develop a large community of computer music software users by offering tools and services and promoting dialogues among these users (social website, Forum workshops, etc.).

Forum members are encouraged to share the applications they create with the software.

II-Authorized Usage of IRCAM Forum Software

Article 4 – Authorized Usage

Holders of Premium memberships (Individual or Institutional) have the right to use the software provided by IRCAM on several computers, in the domain of research, educational activities, and musical production. Software programs may not be installed or copied on computers not intended for the uses listed above.

Holders of Individual Premium memberships may install and use software on a maximum of four (4) computers limited to the uses set forth herein.

Any development or services that uses IRCAM software or the distribution of IRCAM software requires prior consent from IRCAM or a license from IRCAM.

Article 5 – Ownership and Commercial Distribution

All software programs, elements of any software programs, and documents copyrighted by IRCAM and distributed via the IRCAM Forum remain the property of IRCAM. These software programs cannot be rented, sold, or exchanged without prior consent from IRCAM.

Article 6 – Copyright

The user is not authorized to modify or remove the names of the authors or the IRCAM copyright or the names of members present in any programs or documentation. The user is required to cite IRCAM during any presentation of any IRCAM software programs or their extensions.

Article 7 – Disclaimer of Warranty

The software programs provided by IRCAM Forum are provided without warranties of any kind. IRCAM disclaims all warranties, express or implied. In no event will IRCAM be liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program The entire risk as to the quality and performance of the program is with the user.

Article 8 – Unauthorized Editions

Any independent development of IRCAM software programs that consist of a reproduction of a software program, or an element of any IRCAM software program will be considered counterfeit and any commercial distribution of any counterfeit version(s) will be considered an act of plagiarism.

Article 9 – Cession

It is forbidden to copy any of the software programs provided to you by IRCAM, except for personal use. In this case, one copy of the software program(s) may be made.

Article 10 – Legal Identity

An “individual” membership is provided only to a user that certifies that the IRCAM Forum software programs will be used only on his/her personal computer. You guarantee the precision of the information provided on your registration form. All registrations paid by an organization will pay the “organization” membership fee.

Article 11 – Termination

This Agreement is effective until terminated. This Agreement will terminate immediately with notice from IRCAM if you fail to comply with any provision of this Agreement.

III – Maintenance and Service

Article 12 – Definition of Provisions of Services

12.1 Software Programs – Documentation – Technical Support

Beginning on the date of your membership, you will receive, for twelve months, software programs and documentation developed by IRCAM. These software programs are protected by a personal code (necessary for downloading and installing the software programs). This code is personal and may not be given to a third party.

Unless you renew your membership, when your one-year membership period expires, you no longer have access to the IRCAM Forum services or software programs. You do maintain, however, the right to use the elements received during your membership.

Once the one-year subscription date has passed, the software remains active and usable. However, IRCAM is not responsible of the loss of the authorization in the case of machine or HD change. In this case the subscriber is invited to renew their subscription to take advantage of any technical support (updates, forum-support, etc.)

12.2 Exchanges – Training – Information

User subscribed to Premium Forum enjoys a reduced price to IRCAM Forum Workshops (Paris and hors les murs), and also entitled to a discount on IRCAM training programs held by the IRCAM department of education and cultural outreach.

12.3 Additional Services – Discounts

YYou are entitled to discounts on tickets for the IRCAM concert season and the annual IRCAM ManiFeste Festival as well as free access to the IRCAM multimedia library.

Article 13 – Domains of Use of Applications

The applications created by an IRCAM Forum member and made available to other Forum members can be used free of charge by IRCAM or by other IRCAM Forum members in the domains of research, teaching and educational activities, and musical production. Any use of the applications created by an IRCAM Forum member in any other domain, or any commercial distribution or redistribution of these applications requires authorization.

Article 14– Members’ Obligations

14.1 Relations With IRCAM

You can propose developments to the IRCAM Forum team that will communicate these ideas to the development groups at IRCAM. IRCAM can distribute your developments as are, without any support. IRCAM can also decide, with your accord, to further develop your developments and to assure the documentation and support. IRCAM cannot guarantee the finalization of the developments proposed by users.

14.2 Relations with Other IRCAM Forum Members

IRCAM Forum members are encouraged to share their developments among themselves. These developments should be made known to IRCAM who will then pass them along to other IRCAM Forum members. You remain owner of the applications you have created. These applications, like all IRCAM software programs, may be used by IRCAM or by IRCAM Forum members only in the domains of research, teaching and educational activities, and musical production.

The user releases IRCAM from any appeals or actions that could arise (notably acts of infringement, eviction, personality rights, and image rights) on any basis for any author or copyright holder, performer or producer of pre-existing works, notably musical, intellectual, or graphical works, connected to the production of these applications or educational supports.

14.3 Responsibility for Publications in the Forum

ForumNet/IRCAM offers the possibility of writing articles and news, publishing events, videos, sharing critiques and commentaries in discussion groups. Users grant the right to IRCAM to publish these comments in any support, in any language, worldwide. It is understood that users’ comments are written free of charge and IRCAM can use them free of charge.

Hence, you represent and warrant that you own all rights concerning the reproduction of medias used and release IRCAM from any unspecified claim by a third person, in particular concerning any and all copyrights.

Article 15 – Ownership and Commercial Distribution

The extensions or developments you carry out on any IRCAM software programs remain your property, whether or not they were carried out with the assistance of IRCAM.

Article 16 – Confidentiality and Exchanges of Information

You may not reveal or share any information marked “confidential” distributed by IRCAM. You authorize IRCAM to share your personal contact information with other IRCAM Forum members. IRCAM is not authorized to share your personal contact information with any other person or organization in accordance with the rules and regulations of the Commission Nationale de l’Informatique et des Libertés (CNIL), an independent French administrative authority whose mission is to ensure that data privacy law is applied to the collection, storage, and use of personal data.

Article 17 – Term and Termination

Your membership to the IRCAM Forum is valid for twelve months beginning with your date of registration. If you choose not to renew your membership, or you cancel your membership, you loose all rights acquired during your membership although the conditions defined in articles 4, 5, 6, 7, 8, and 9 remain unchanged.

Article 18 – Membership Fees

Membership fees and conditions may be revised at any time. Membership fees are identical in France and abroad.

IV – IRCAM Forum Free Freeware License Agreement

Article 19 – Conditions for Distribution and Use

The software programs covered by this Agreement are distributed in binary form only and are accompanied by examples. The user is free to create their own non- commercial applications for scientific research, educational activities, and musical production.

Any applications that result in a commercial product or service require separate written Agreement with IRCAM

The articles 4, 5, 6, and 7 apply to the Software Programs found in the Forum Free Package.

 

October 2016

© CNAC-GP/IRCAM 2016