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- Computer Associates Trusted Open Source License
-
- Version 1.1
-
- PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING
- PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN
- SOURCE LICENSE ("LICENSE"). ANY USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION
- OF THE PROGRAM CONSTITUTES THE RECIPIENT'S ACCEPTANCE OF THIS LICENSE.
-
- License Background
-
- Computer Associates International, Inc. (CA) believes in open source. We believe
- that the open source development approach can take appropriate software programs
- to unprecedented levels of quality, growth, and innovation. To demonstrate
- our continuing commitment to open source, we are releasing the Program (as
- defined below) under this License.
-
- This License is intended to permit contributors and recipients of the Program
- to use the Program, including its source code, freely and without many of
- the concerns of some other open source licenses. Although we expect the underlying
- Program, and Contributions (as defined below) made to such Program, to remain
- open, this License is designed to permit you to maintain your own software
- programs free of this License unless you choose to do so. Thus, only your
- Contributions to the Program must be distributed under the terms of this License.
-
- The provisions that follow set forth the terms and conditions under which
- you may use the Program.
-
- 1. DEFINITIONS
-
- 1.1 Contribution means (a) in the case of CA, the Original Program; and (b)
- in the case of each Contributor (including CA), changes and additions to the
- Program, where such changes and/or additions to the Program originate from
- and are distributed by that particular Contributor to unaffiliated third parties.
- A Contribution originates from a Contributor if it was added to the Program
- by such Contributor itself or anyone acting on such Contributors behalf. Contributions
- do not include additions to the Program which: (x) are separate modules of
- software distributed in conjunction with the Program under their own license
- agreement, and (y) are not derivative works of the Program.
-
- 1.2 Contributor means CA and any other person or entity that distributes the
- Program.
-
- 1.3 Contributor Version means as to a Contributor, that version of the Program
- that includes the Contributors Contribution but not any Contributions made
- to the Program thereafter.
-
- 1.4 Larger Work means a work that combines the Program or portions thereof
- with code not governed by the terms of this License.
-
- 1.5 Licensed Patents mean patents licensable by a Contributor that are infringed
- by the use or sale of its Contribution alone or when combined with the Program.
-
- 1.6 Original Program means the original version of the software to which this
- License is attached and as released by CA, including source code, object code
- and documentation, if any.
-
- 1.7 Program means the Original Program and Contributions.
-
- 1.8 Recipient means anyone who modifies, copies, uses or distributes the Program.
-
- 2. GRANT OF RIGHTS
-
- 2.1 Subject to the terms of this License, each Contributor hereby grants Recipient
- an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce,
- prepare derivative works of, publicly display, publicly perform, distribute
- and sublicense the Contribution of such Contributor, if any, and such derivative
- works, in source code and object code form. For the avoidance of doubt, the
- license provided in this Section 2.1 shall not include a license to any Licensed
- Patents of a Contributor.
-
- 2.2 Subject to the terms of this License, each Contributor hereby grants Recipient
- an irrevocable, non-exclusive, worldwide, royalty-free license to the Licensed
- Patents to the extent necessary to make, use, sell, offer to sell and import
- the Contribution of such Contributor, if any, in source code and object code
- form. The license granted in this Section 2.2 shall apply to the combination
- of the Contribution and the Program if, at the time the Contribution is added
- by the Contributor, such addition of the Contribution causes the Licensed
- Patents to be infringed by such combination. Notwithstanding the foregoing,
- no license is granted under this Section 2.2: (a) for any code or works that
- do not include the Contributor Version, as it exists and is used in accordance
- with the terms hereof; (b) for infringements caused by: (i) third party modifications
- of the Contributor Version; or (ii) the combination of Contributions made
- by each such Contributor with other software (except as part of the Contributor
- Version) or other devices; or (c) with respect to Licensed Patents infringed
- by the Program in the absence of Contributions made by that Contributor.
-
- 2.3 Recipient understands that although each Contributor grants the licenses
- to its Contributions set forth herein, except as provided in Section 2.4,
- no assurances are provided by any Contributor that the Program does not infringe
- the patent or other intellectual property rights of any other person or entity.
- Each Contributor disclaims any liability to Recipient for claims brought by
- any other person or entity based on infringement of intellectual property
- rights or otherwise. As a condition to exercising the rights and licenses
- granted hereunder, each Recipient hereby assumes sole responsibility to secure
- any other intellectual property rights needed, if any.
-
- 2.4 Each Contributor represents and warrants that it has all right, title
- and interest in the copyrights in its Contributions, and has the right to
- grant the copyright licenses set forth in this License.
-
- 3. DISTRIBUTION REQUIREMENTS
-
- 3.1 If the Program is distributed in object code form, then a prominent notice
- must be included in the code itself as well as in any related documentation,
- stating that the source code for the Program is available from the Contributor
- with information on how and where to obtain the source code. A Contributor
- may choose to distribute the Program in object code form under its own license
- agreement, provided that:
-
- * it complies with the terms and conditions of this License; and
-
- * its license agreement:
-
- * effectively disclaims on behalf of all Contributors all warranties and conditions,
- express and implied, including warranties or conditions of title and non-infringement,
- and implied warranties or conditions of merchantability and fitness for a
- particular purpose, to the maximum extent permitted by applicable law;
-
- * effectively excludes on behalf of all Contributors all liability for damages,
- including direct, indirect, special, incidental and consequential damages,
- such as lost profits, to the maximum extent permitted by applicable law;
-
- * states that any provisions which are inconsistent with this License are
- offered by that Contributor alone and not by any other party; and
-
- * states that source code for the Program is available from such Contributor
- at the cost of distribution, and informs licensees how to obtain it in a reasonable
- manner.
-
- 3.2 When the Program is made available in source code form:
-
- * it must be made available under this License; and
-
- * a copy of this License must be included with each copy of the Program.
-
- 3.3 This License is intended to facilitate the commercial distribution of
- the Program by any Contributor. However, Contributors may only charge Recipients
- a one-time, upfront fee for the distribution of the Program. Contributors
- may not charge Recipients any recurring charge, license fee, or any ongoing
- royalty for the Recipients exercise of its rights under this License to the
- Program. Contributors shall make the source code for the Contributor Version
- they distribute available at a cost, if any, equal to the cost to the Contributor
- to physically copy and distribute the work. It is not the intent of this License
- to prohibit a Contributor from charging fees for any service or maintenance
- that a Contributor may charge to a Recipient, so long as such fees are not
- an attempt to circumvent the foregoing restrictions on charging royalties
- or other recurring fees for the Program itself.
-
- 3.4 A Contributor may create a Larger Work by combining the Program with other
- software code not governed by the terms of this License, and distribute the
- Larger Work as a single product. In such a case, the Contributor must make
- sure that the requirements of this License are fulfilled for the Program.
- Any Contributor who includes the Program in a commercial product offering,
- including as part of a Larger Work, may subject itself, but not any other
- Contributor, to additional contractual commitments, including, but not limited
- to, performance warranties and non-infringement representations on suchContributors
- behalf. No Contributor may create any additional liability for other Contributors.
- Therefore, if a Contributor includes the Program in a commercial product offering,
- such Contributor (Commercial Contributor) hereby agrees to defend and indemnify
- every other Contributor (Indemnified Contributor) who made Contributions to
- the Program distributed by the Commercial Contributor against any losses,
- damages and costs (collectively Losses) arising from claims, lawsuits and
- other legal actions brought by a third party against the Indemnified Contributor
- to the extent caused by the acts or omissions, including any additional contractual
- commitments, of such Commercial Contributor in connection with its distribution
- of the Program. The obligations in this section do not apply to any claims
- or Losses relating to any actual or alleged intellectual property infringement.
-
- 3.5 If Contributor has knowledge that a license under a third partys intellectual
- property rights is required to exercise the rights granted by such Contributor
- under Sections 2.1 or 2.2, Contributor must (a) include a text file with the
- Program source code distribution titled ../IP_ISSUES, and (b) notify CA in
- writing at Computer Associates International, Inc., One Computer Associates
- Plaza, Islandia, New York 11749, Attn: Open Source Group or by email at opensource@ca.com,
- both describing the claim and the party making the claim in sufficient detail
- that a Recipient and CA will know whom to contact with regard to such matter.
- If Contributor obtains such knowledge after the Contribution is made available,
- Contributor shall also promptly modify the IP_ISSUES file in all copies Contributor
- makes available thereafter and shall take other steps (such as notifying appropriate
- mailing lists or newsgroups) reasonably calculated to inform those who received
- the Program that such new knowledge has been obtained.
-
- 3.6 Recipient shall not remove, obscure, or modify any CA or other Contributor
- copyright or patent proprietary notices appearing in the Program, whether
- in the source code, object code or in any documentation. In addition to the
- obligations set forth in Section 4, each Contributor must identify itself
- as the originator of its Contribution, if any, in a manner that reasonably
- allows subsequent Recipients to identify the originator of the Contribution.
-
- 4. CONTRIBUTION RESTRICTIONS
-
- 4.1 Each Contributor must cause the Program to which the Contributor provides
- a Contribution to contain a file documenting the changes the Contributor made
- to create its version of the Program and the date of any change. Each Contributor
- must also include a prominent statement that the Contribution is derived,
- directly or indirectly, from the Program distributed by a prior Contributor,
- including the name of the prior Contributor from which such Contribution was
- derived, in (a) the Program source code, and (b) in any notice in an executable
- version or related documentation in which the Contributor describes the origin
- or ownership of the Program.
-
- 5. NO WARRANTY
-
- 5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS PROVIDED
- AS IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION,
- CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
- AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY,
- OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED
- BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
- AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
-
- 5.2 Each Recipient is solely responsible for determining the appropriateness
- of using and distributing the Program and assumes all risks associated with
- its exercise of rights under this License, including but not limited to the
- risks and costs of program errors, compliance with applicable laws, damage
- to or loss of data, programs or equipment, and unavailability or interruption
- of operations.
-
- 5.3 Each Recipient acknowledges that the Program is not intended for use in
- the operation of nuclear facilities, aircraft navigation, communication systems,
- or air traffic control machines in which case the failure of the Program could
- lead to death, personal injury, or severe physical or environmental damage.
-
- 6. DISCLAIMER OF LIABILITY
-
- 6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED
- BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
- INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
- LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
- IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
- ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE
- OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES.
-
- 7. TRADEMARKS AND BRANDING
-
- 7.1 This License does not grant any Recipient or any third party any rights
- to use the trademarks or trade names now or subsequently posted at http://www.ca.com/catrdmrk.htm,
- or any other trademarks, service marks, logos or trade names belonging to
- CA (collectively CA Marks) or to any trademark, service mark, logo or trade
- name belonging to any Contributor. Recipient agrees not to use any CA Marks
- in or as part of the name of products derived from the Original Program or
- to endorse or promote products derived from the Original Program.
-
- 7.2 Subject to Section 7.1, Recipients may distribute the Program under trademarks,
- logos, and product names belonging to the Recipient provided that all copyright
- and other attribution notices remain in the Program.
-
- 8. PATENT LITIGATION
-
- 8.1 If Recipient institutes patent litigation against any person or entity
- (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
- itself (excluding combinations of the Program with other software or hardware)
- infringes such Recipients patent(s), then such Recipients rights granted under
- Section 2.2 shall terminate as of the date such litigation is filed.
-
- 9. OWNERSHIP
-
- 9.1 Subject to the licenses granted under this License in Sections 2.1 and
- 2.2 above, each Contributor retains all rights, title and interest in and
- to any Contributions made by such Contributor. CA retains all rights, title
- and interest in and to the Original Program and any Contributions made by
- or on behalf of CA (CA Contributions), and such CA Contributions will not
- be automatically subject to this License. CA may, at its sole discretion,
- choose to license such CA Contributions under this License, or on different
- terms from those contained in this License or may choose not to license them
- at all.
-
- 10. TERMINATION
-
- 10.1 All of Recipients rights under this License shall terminate if it fails
- to comply with any of the material terms or conditions of this License and
- does not cure such failure in a reasonable period of time after becoming aware
- of such noncompliance. If Recipients rights under this License terminate,
- Recipient agrees to cease use and distribution of the Program as soon as reasonably
- practicable. However, Recipients obligations under this License and any licenses
- granted by Recipient as a Contributor relating to the Program shall continue
- and survive termination.
-
- 11. GENERAL
-
- 11.1 If any provision of this License is invalid or unenforceable under applicable
- law, it shall not affect the validity or enforceability of the remainder of
- the terms of this License, and without further action by the parties hereto,
- such provision shall be reformed to the minimum extent necessary to make such
- provision valid and enforceable.
-
- 11.2 CA may publish new versions (including revisions) of this License from
- time to time. Each new version of the License will be given a distinguishing
- version number. The Program (including Contributions) may always be distributed
- subject to the version of the License under which it was received. In addition,
- after a new version of the License is published, Contributor may elect to
- distribute the Program (including its Contributions) under the new version.
- No one other than CA has the right to modify this License.
-
- 11.3 If it is impossible for Recipient to comply with any of the terms of
- this License with respect to some or all of the Program due to statute, judicial
- order, or regulation, then Recipient must: (a) comply with the terms of this
- License to the maximum extent possible; and (b) describe the limitations and
- the code they affect. Such description must be included in the IP_ISSUES file
- described in Section 3.5 and must be included with all distributions of the
- Program source code. Except to the extent prohibited by statute or regulation,
- such description must be sufficiently detailed for a Recipient of ordinary
- skill to be able to understand it.
-
- 11.4 This License is governed by the laws of the State of New York. No Recipient
- will bring a legal action under this License more than one year after the
- cause of action arose. Each Recipient waives its rights to a jury trial in
- any resulting litigation. Any litigation or other dispute resolution between
- a Recipient and CA relating to this License shall take place in the State
- of New York, and Recipient and CA hereby consent to the personal jurisdiction
- of, and venue in, the state and federal courts within that district with respect
- to this License. The application of the United Nations Convention on Contracts
- for the International Sale of Goods is expressly excluded.
-
- 11.5 Where Recipient is located in the province of Quebec, Canada, the following
- clause applies: The parties hereby confirm that they have requested that this
- License and all related documents be drafted in English. Les parties contractantes
- confirment qu'elles ont exige que le present contrat et tous les documents
- associes soient rediges en anglais.
-
- 11.6 The Program is subject to all export and import laws, restrictions and
- regulations of the country in which Recipient receives the Program. Recipient
- is solely responsible for complying with and ensuring that Recipient does
- not export, re-export, or import the Program in violation of such laws, restrictions
- or regulations, or without any necessary licenses and authorizations.
-
- 11.7 This License constitutes the entire agreement between the parties with
- respect to the subject matter hereof.
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