myQLM license

GENERIC SOFTWARE LICENSE AGREEMENT FOR MYQLM (hereinafter referred to as “Generic Software EULA”).

RECITALS

IMPORTANT: This BULL End User License Agreement ("EULA") is a legal document that binds any company or physical person (“You”)with all obligations contained in the present document provided by Bull SAS (as identified in the footnote) for the software product identified below, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, the "SOFTWARE").

The SOFTWARE's primary function is to allow Users (e.g. students, researchers, developers) to develop their own quantum algorithms and test them on their infrastructure before running them on an Atos Quantum Learning Machine (QLM) to benefit from additional functionalities such as optimizers and noisy simulation.

The SOFTWARE is a combination of several modules, licensed accordingly:
• under a user license agreement for the BULL proprietary part (runtime),
• and under the Apache V2.0 user license agreement for the open source part.

The files for each of these two categories of software are available at the root of the SOFTWARE packages in a dedicated EULA folder. You must read these licenses and comply with the terms thereof. All terms set out in this Generic EULA shall apply to the EULA for the Proprietary part and the open source Part.

PLEASE READ THIS EULA CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then do not install or use the SOFTWARE.

SOFTWARE LICENSE
1. DEFINITIONS
(a) "BULL" equals Bull SAS.
(b) “User” means any person using the Software in accordance with the EULA.
(c) “User of the SOFTWARE” means any natural person or legal entity wishing to use the SOFTWARE various features.
(d) “Software” means Bull’s product including a proprietary part as well as an open source part, each having its own terms of use as provided with this Generic Software EULA.

2. TERMS OF USE
The License is granted to the User of the SOFTWARE following the acceptation of the End-User License Agreement (“EULA”). Two specific EULA are provided for both the proprietary part and the open source. You must refer to each of them for using the Software. As User of the SOFTWARE, "You" or the authorized representative of the legal entity, acknowledge that you have read and agreed to the terms of use for each category of software and shall refrain from violating them in any way. By downloading, installing, or using the SOFTWARE in any way whatsoever You acknowledge that You have read the license terms and conditions of use of each category of software and that you agree to be bound thereunder.

3. CONFIDENTIALITY
Both EULAs for each category shall be subject to the following confidentiality provisions: Nondisclosure. Each Party (each a "Receiving Party") agrees that it shall use and reproduce the Confidential Information of the other Party (the "Disclosing Party") only for purposes of exercising its rights and performing its obligations under this Agreement and only to the extent necessary for such purposes; shall restrict disclosure of such Confidential Information to the Receiving Party's employees, consultants, or advisors who have a need to know; and shall not disclose such Confidential Information to any third party without the prior written approval of the Disclosing Party. The foregoing obligations shall be satisfied by the Receiving Party through the exercise of at least the same degree of care used to restrict disclosure and use of its own information of like importance, but not less than reasonable care. All third parties to whom the Receiving Party discloses Confidential Information must be bound in writing by obligations of confidentiality and non-use at least as protective of such information as this Agreement. Notwithstanding the foregoing, it shall not be a breach of this Agreement for the Receiving Party to disclose Confidential Information if compelled to do so under law, in a judicial or other governmental investigation or proceeding, provided that, to the extent permitted by law, the Receiving Party has given the Disclosing Party prior notice and reasonable assistance to permit the Disclosing Party a reasonable opportunity to object to and/or limit the judicial or governmental requirement to disclosure. Exceptions. Notwithstanding anything to the contrary herein, neither Party shall be liable for using or disclosing information that such Party can prove:
(i) was in the public domain at the time it was disclosed or has entered the public domain through no fault of the Receiving Party;
(ii) was known to the Receiving Party, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure;
(iii) is disclosed with the prior written approval of the Disclosing Party;
(iv) was independently developed by the Receiving Party without any use of the Confidential Information, as demonstrated by files created at the time of such independent development;
(v) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement by the Receiving Party and otherwise not in violation of the Disclosing Party's rights; or
(vi) is disclosed generally to third parties by the Disclosing Party without restrictions similar to those contained in this Agreement. Remedies. The Receiving Party agrees that a breach of this Section 11 may result in immediate and irreparable harm to the Disclosing Party that money damages alone may be inadequate to compensate. Therefore, in the event of such a breach, the Disclosing Party will be entitled to seek equitable relief, including but not limited to a temporary restraining order, temporary injunction, or permanent injunction without the posting of a bond or other security.

4. MISCELLANEOUS
4.1 Assignment. You may not assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of Bull. Notwithstanding the foregoing, Trigger may, without the consent of Users, assign this Agreement to an entity merging with, consolidating with, or purchasing substantially all its assets or stock, provided that the assignee shall assume all rights and obligations under this Agreement. Any permitted assignment of this Agreement shall be binding upon and enforceable by and against the Parties' successors and assigns, provided that any unauthorized assignment shall be null and void and constitute a breach of this Agreement.
4.2 Export control requirements. Users acknowledges and agrees that the Software may be subject to export control laws and regulations. Users may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all applicable laws and regulations.
4.3 Force Majeure. Neither Party shall be responsible for delays or failure to perform any of its obligations herein (other than payment obligations) resulting from or in connection with acts, events, or circumstances beyond the reasonable or foreseeable control of such Party. Such acts shall include, but shall not be limited to, acts of God (including earthquakes, hurricanes and volcanic eruptions), strikes, lockouts, riots, civil unrest, civil protests, acts of war, epidemics (including communicable disease outbreaks and public health emergencies), governmental regulations superimposed after the fact, fire, communication line failures, power failure, or other disasters, whether such acts have been identified, declared or accepted as such under the relevant law or not. In such circumstances as listed above, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be perform, provided that if in the reasonable opinion of the Affected Party performance of the Agreement is substantially prevented for a continuous period of six (6) months from the date on which such performance was initially due by virtue of any of the aforesaid events, then either Party may terminate this Agreement by written notice to the other. Both Parties will use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations. In particular, the Parties will cooperate in good faith to adopt together some mitigation measures in order to decrease the impact of the Force Majeure Event, such as remote working, off or nearshoring, etc., as far as they are proportionate, adequate and in compliance with the law.
4.4 Governing Law; Dispute Resolution. This Agreement shall be governed by and interpreted in accordance with the laws of France without giving effect to its conflicts of law rules. Each of the Parties to this Agreement consents to the exclusive jurisdiction and venue of the competent courts of Paris if the Parties fail to settle their dispute in a friendly manner within sixty (60) days.

Proprietary part

SOFTWARE LICENSE AGREEMENT FOR THE PROPRIETARY PART OF MYQLM (hereinafter referred to as the “Proprietary Software EULA”)

IMPORTANT: This Bull End User License Agreement ("EULA") is a legal document that binds You with all obligations contained in the present document provided by Bull SAS (as identified in the footnote) for the software product identified below, which includes the proprietary computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, the "SOFTWARE").

PLEASE READ THIS EULA CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then do not install or use the SOFTWARE.

SOFTWARE LICENSE
1. DEFINITIONS
(a) "BULL" equals Bull SAS.

2. LICENSE GRANTS
This EULA grants you the following limited, non-exclusive, worldwide license, without a right to sub-license, subject to the terms and conditions set forth in this EULA:
a) Your license rights to use the proprietary part of the Software under this EULA are NON-EXCLUSIVE and NON-TRANSFERABLE.
b) You may install and use the SOFTWARE on multiple computers located at your premises for the sole purpose of using it for its intended purpose: prepare quantum circuits and run quantum simulations either on Your infrastructure or on an Atos Quantum Learning Machine.

3. LICENSE RESTRICTIONS
a) Other than as set forth in Section 2, you may not make or distribute copies of the SOFTWARE, or electronically transfer the SOFTWARE from one computer to another or over a network. You shall not and shall not permit any third party to: (i) use the Licensed Materials except to the extent permitted this EULA; (ii) modify or create any derivative work of any part of the licensed Software; (iii) permit any third parties to use the licensed Software; (iv) market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the licensed Software; or (v) use the licensed Software for commercial time-sharing.
b) You may not alter, merge, modify, adapt, or translate the SOFTWARE, or decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human-perceivable form.
c) The SOFTWARE is free. You may not rent, lease, lend, sell, resell, or otherwise transfer for value to third parties.

4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of BULL. BULL reserves all intellectual property rights pertaining to the Software, including copyrights, and trademark rights.

5. NO WARRANTIES
YOU ACCEPT THE SOFTWARE "AS IS," AND BULL (AND ITS THIRD-PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BULL (AND ITS THIRD-PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

6. LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL BULL (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BULL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BULL'S (AND ITS THIRD-PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.

7. DOCUMENTATION AND EXAMPLES
BULL BEARS NO LIABILITY FOR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR FOR DAMAGES RESULTING FROM USE OF THE INFORMATION IN ANY PROVIDED DOCUMENTATION AND/OR EXAMPLES.

8. SOFTWARE UPDATES
This license does not grant you any right to any updates to the SOFTWARE, or any support services.

Open source part

SOFTWARE LICENSE AGREEMENT FOR THE OPEN SOURCE PART OF MYQLM (hereinafter referred to as the “Open Source EULA”).

IMPORTANT: This Bull End User License Agreement ("EULA") is a legal document that binds You with all obligations stated herein by Bull SAS (as identified in the footnote) for the software product identified below, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, the "SOFTWARE").

PLEASE READ THIS EULA CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then do not install or use the SOFTWARE.
The open source part of myQLM is distributed under the Apache License Version 2.0:

Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, ? "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions.
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this license. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work.
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Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.