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  1. Computer Associates Trusted Open Source License
  2. Version 1.1
  3. PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING
  4. PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN
  5. SOURCE LICENSE ("LICENSE"). ANY USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION
  6. OF THE PROGRAM CONSTITUTES THE RECIPIENT'S ACCEPTANCE OF THIS LICENSE.
  7. License Background
  8. Computer Associates International, Inc. (CA) believes in open source. We believe
  9. that the open source development approach can take appropriate software programs
  10. to unprecedented levels of quality, growth, and innovation. To demonstrate
  11. our continuing commitment to open source, we are releasing the Program (as
  12. defined below) under this License.
  13. This License is intended to permit contributors and recipients of the Program
  14. to use the Program, including its source code, freely and without many of
  15. the concerns of some other open source licenses. Although we expect the underlying
  16. Program, and Contributions (as defined below) made to such Program, to remain
  17. open, this License is designed to permit you to maintain your own software
  18. programs free of this License unless you choose to do so. Thus, only your
  19. Contributions to the Program must be distributed under the terms of this License.
  20. The provisions that follow set forth the terms and conditions under which
  21. you may use the Program.
  22. 1. DEFINITIONS
  23. 1.1 Contribution means (a) in the case of CA, the Original Program; and (b)
  24. in the case of each Contributor (including CA), changes and additions to the
  25. Program, where such changes and/or additions to the Program originate from
  26. and are distributed by that particular Contributor to unaffiliated third parties.
  27. A Contribution originates from a Contributor if it was added to the Program
  28. by such Contributor itself or anyone acting on such Contributors behalf. Contributions
  29. do not include additions to the Program which: (x) are separate modules of
  30. software distributed in conjunction with the Program under their own license
  31. agreement, and (y) are not derivative works of the Program.
  32. 1.2 Contributor means CA and any other person or entity that distributes the
  33. Program.
  34. 1.3 Contributor Version means as to a Contributor, that version of the Program
  35. that includes the Contributors Contribution but not any Contributions made
  36. to the Program thereafter.
  37. 1.4 Larger Work means a work that combines the Program or portions thereof
  38. with code not governed by the terms of this License.
  39. 1.5 Licensed Patents mean patents licensable by a Contributor that are infringed
  40. by the use or sale of its Contribution alone or when combined with the Program.
  41. 1.6 Original Program means the original version of the software to which this
  42. License is attached and as released by CA, including source code, object code
  43. and documentation, if any.
  44. 1.7 Program means the Original Program and Contributions.
  45. 1.8 Recipient means anyone who modifies, copies, uses or distributes the Program.
  46. 2. GRANT OF RIGHTS
  47. 2.1 Subject to the terms of this License, each Contributor hereby grants Recipient
  48. an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce,
  49. prepare derivative works of, publicly display, publicly perform, distribute
  50. and sublicense the Contribution of such Contributor, if any, and such derivative
  51. works, in source code and object code form. For the avoidance of doubt, the
  52. license provided in this Section 2.1 shall not include a license to any Licensed
  53. Patents of a Contributor.
  54. 2.2 Subject to the terms of this License, each Contributor hereby grants Recipient
  55. an irrevocable, non-exclusive, worldwide, royalty-free license to the Licensed
  56. Patents to the extent necessary to make, use, sell, offer to sell and import
  57. the Contribution of such Contributor, if any, in source code and object code
  58. form. The license granted in this Section 2.2 shall apply to the combination
  59. of the Contribution and the Program if, at the time the Contribution is added
  60. by the Contributor, such addition of the Contribution causes the Licensed
  61. Patents to be infringed by such combination. Notwithstanding the foregoing,
  62. no license is granted under this Section 2.2: (a) for any code or works that
  63. do not include the Contributor Version, as it exists and is used in accordance
  64. with the terms hereof; (b) for infringements caused by: (i) third party modifications
  65. of the Contributor Version; or (ii) the combination of Contributions made
  66. by each such Contributor with other software (except as part of the Contributor
  67. Version) or other devices; or (c) with respect to Licensed Patents infringed
  68. by the Program in the absence of Contributions made by that Contributor.
  69. 2.3 Recipient understands that although each Contributor grants the licenses
  70. to its Contributions set forth herein, except as provided in Section 2.4,
  71. no assurances are provided by any Contributor that the Program does not infringe
  72. the patent or other intellectual property rights of any other person or entity.
  73. Each Contributor disclaims any liability to Recipient for claims brought by
  74. any other person or entity based on infringement of intellectual property
  75. rights or otherwise. As a condition to exercising the rights and licenses
  76. granted hereunder, each Recipient hereby assumes sole responsibility to secure
  77. any other intellectual property rights needed, if any.
  78. 2.4 Each Contributor represents and warrants that it has all right, title
  79. and interest in the copyrights in its Contributions, and has the right to
  80. grant the copyright licenses set forth in this License.
  81. 3. DISTRIBUTION REQUIREMENTS
  82. 3.1 If the Program is distributed in object code form, then a prominent notice
  83. must be included in the code itself as well as in any related documentation,
  84. stating that the source code for the Program is available from the Contributor
  85. with information on how and where to obtain the source code. A Contributor
  86. may choose to distribute the Program in object code form under its own license
  87. agreement, provided that:
  88. * it complies with the terms and conditions of this License; and
  89. * its license agreement:
  90. * effectively disclaims on behalf of all Contributors all warranties and conditions,
  91. express and implied, including warranties or conditions of title and non-infringement,
  92. and implied warranties or conditions of merchantability and fitness for a
  93. particular purpose, to the maximum extent permitted by applicable law;
  94. * effectively excludes on behalf of all Contributors all liability for damages,
  95. including direct, indirect, special, incidental and consequential damages,
  96. such as lost profits, to the maximum extent permitted by applicable law;
  97. * states that any provisions which are inconsistent with this License are
  98. offered by that Contributor alone and not by any other party; and
  99. * states that source code for the Program is available from such Contributor
  100. at the cost of distribution, and informs licensees how to obtain it in a reasonable
  101. manner.
  102. 3.2 When the Program is made available in source code form:
  103. * it must be made available under this License; and
  104. * a copy of this License must be included with each copy of the Program.
  105. 3.3 This License is intended to facilitate the commercial distribution of
  106. the Program by any Contributor. However, Contributors may only charge Recipients
  107. a one-time, upfront fee for the distribution of the Program. Contributors
  108. may not charge Recipients any recurring charge, license fee, or any ongoing
  109. royalty for the Recipients exercise of its rights under this License to the
  110. Program. Contributors shall make the source code for the Contributor Version
  111. they distribute available at a cost, if any, equal to the cost to the Contributor
  112. to physically copy and distribute the work. It is not the intent of this License
  113. to prohibit a Contributor from charging fees for any service or maintenance
  114. that a Contributor may charge to a Recipient, so long as such fees are not
  115. an attempt to circumvent the foregoing restrictions on charging royalties
  116. or other recurring fees for the Program itself.
  117. 3.4 A Contributor may create a Larger Work by combining the Program with other
  118. software code not governed by the terms of this License, and distribute the
  119. Larger Work as a single product. In such a case, the Contributor must make
  120. sure that the requirements of this License are fulfilled for the Program.
  121. Any Contributor who includes the Program in a commercial product offering,
  122. including as part of a Larger Work, may subject itself, but not any other
  123. Contributor, to additional contractual commitments, including, but not limited
  124. to, performance warranties and non-infringement representations on suchContributors
  125. behalf. No Contributor may create any additional liability for other Contributors.
  126. Therefore, if a Contributor includes the Program in a commercial product offering,
  127. such Contributor (Commercial Contributor) hereby agrees to defend and indemnify
  128. every other Contributor (Indemnified Contributor) who made Contributions to
  129. the Program distributed by the Commercial Contributor against any losses,
  130. damages and costs (collectively Losses) arising from claims, lawsuits and
  131. other legal actions brought by a third party against the Indemnified Contributor
  132. to the extent caused by the acts or omissions, including any additional contractual
  133. commitments, of such Commercial Contributor in connection with its distribution
  134. of the Program. The obligations in this section do not apply to any claims
  135. or Losses relating to any actual or alleged intellectual property infringement.
  136. 3.5 If Contributor has knowledge that a license under a third partys intellectual
  137. property rights is required to exercise the rights granted by such Contributor
  138. under Sections 2.1 or 2.2, Contributor must (a) include a text file with the
  139. Program source code distribution titled ../IP_ISSUES, and (b) notify CA in
  140. writing at Computer Associates International, Inc., One Computer Associates
  141. Plaza, Islandia, New York 11749, Attn: Open Source Group or by email at opensource@ca.com,
  142. both describing the claim and the party making the claim in sufficient detail
  143. that a Recipient and CA will know whom to contact with regard to such matter.
  144. If Contributor obtains such knowledge after the Contribution is made available,
  145. Contributor shall also promptly modify the IP_ISSUES file in all copies Contributor
  146. makes available thereafter and shall take other steps (such as notifying appropriate
  147. mailing lists or newsgroups) reasonably calculated to inform those who received
  148. the Program that such new knowledge has been obtained.
  149. 3.6 Recipient shall not remove, obscure, or modify any CA or other Contributor
  150. copyright or patent proprietary notices appearing in the Program, whether
  151. in the source code, object code or in any documentation. In addition to the
  152. obligations set forth in Section 4, each Contributor must identify itself
  153. as the originator of its Contribution, if any, in a manner that reasonably
  154. allows subsequent Recipients to identify the originator of the Contribution.
  155. 4. CONTRIBUTION RESTRICTIONS
  156. 4.1 Each Contributor must cause the Program to which the Contributor provides
  157. a Contribution to contain a file documenting the changes the Contributor made
  158. to create its version of the Program and the date of any change. Each Contributor
  159. must also include a prominent statement that the Contribution is derived,
  160. directly or indirectly, from the Program distributed by a prior Contributor,
  161. including the name of the prior Contributor from which such Contribution was
  162. derived, in (a) the Program source code, and (b) in any notice in an executable
  163. version or related documentation in which the Contributor describes the origin
  164. or ownership of the Program.
  165. 5. NO WARRANTY
  166. 5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS PROVIDED
  167. AS IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION,
  168. CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
  169. AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY,
  170. OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED
  171. BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
  172. AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
  173. 5.2 Each Recipient is solely responsible for determining the appropriateness
  174. of using and distributing the Program and assumes all risks associated with
  175. its exercise of rights under this License, including but not limited to the
  176. risks and costs of program errors, compliance with applicable laws, damage
  177. to or loss of data, programs or equipment, and unavailability or interruption
  178. of operations.
  179. 5.3 Each Recipient acknowledges that the Program is not intended for use in
  180. the operation of nuclear facilities, aircraft navigation, communication systems,
  181. or air traffic control machines in which case the failure of the Program could
  182. lead to death, personal injury, or severe physical or environmental damage.
  183. 6. DISCLAIMER OF LIABILITY
  184. 6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED
  185. BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
  186. INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
  187. LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
  188. IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
  189. ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE
  190. OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
  191. DAMAGES.
  192. 7. TRADEMARKS AND BRANDING
  193. 7.1 This License does not grant any Recipient or any third party any rights
  194. to use the trademarks or trade names now or subsequently posted at http://www.ca.com/catrdmrk.htm,
  195. or any other trademarks, service marks, logos or trade names belonging to
  196. CA (collectively CA Marks) or to any trademark, service mark, logo or trade
  197. name belonging to any Contributor. Recipient agrees not to use any CA Marks
  198. in or as part of the name of products derived from the Original Program or
  199. to endorse or promote products derived from the Original Program.
  200. 7.2 Subject to Section 7.1, Recipients may distribute the Program under trademarks,
  201. logos, and product names belonging to the Recipient provided that all copyright
  202. and other attribution notices remain in the Program.
  203. 8. PATENT LITIGATION
  204. 8.1 If Recipient institutes patent litigation against any person or entity
  205. (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
  206. itself (excluding combinations of the Program with other software or hardware)
  207. infringes such Recipients patent(s), then such Recipients rights granted under
  208. Section 2.2 shall terminate as of the date such litigation is filed.
  209. 9. OWNERSHIP
  210. 9.1 Subject to the licenses granted under this License in Sections 2.1 and
  211. 2.2 above, each Contributor retains all rights, title and interest in and
  212. to any Contributions made by such Contributor. CA retains all rights, title
  213. and interest in and to the Original Program and any Contributions made by
  214. or on behalf of CA (CA Contributions), and such CA Contributions will not
  215. be automatically subject to this License. CA may, at its sole discretion,
  216. choose to license such CA Contributions under this License, or on different
  217. terms from those contained in this License or may choose not to license them
  218. at all.
  219. 10. TERMINATION
  220. 10.1 All of Recipients rights under this License shall terminate if it fails
  221. to comply with any of the material terms or conditions of this License and
  222. does not cure such failure in a reasonable period of time after becoming aware
  223. of such noncompliance. If Recipients rights under this License terminate,
  224. Recipient agrees to cease use and distribution of the Program as soon as reasonably
  225. practicable. However, Recipients obligations under this License and any licenses
  226. granted by Recipient as a Contributor relating to the Program shall continue
  227. and survive termination.
  228. 11. GENERAL
  229. 11.1 If any provision of this License is invalid or unenforceable under applicable
  230. law, it shall not affect the validity or enforceability of the remainder of
  231. the terms of this License, and without further action by the parties hereto,
  232. such provision shall be reformed to the minimum extent necessary to make such
  233. provision valid and enforceable.
  234. 11.2 CA may publish new versions (including revisions) of this License from
  235. time to time. Each new version of the License will be given a distinguishing
  236. version number. The Program (including Contributions) may always be distributed
  237. subject to the version of the License under which it was received. In addition,
  238. after a new version of the License is published, Contributor may elect to
  239. distribute the Program (including its Contributions) under the new version.
  240. No one other than CA has the right to modify this License.
  241. 11.3 If it is impossible for Recipient to comply with any of the terms of
  242. this License with respect to some or all of the Program due to statute, judicial
  243. order, or regulation, then Recipient must: (a) comply with the terms of this
  244. License to the maximum extent possible; and (b) describe the limitations and
  245. the code they affect. Such description must be included in the IP_ISSUES file
  246. described in Section 3.5 and must be included with all distributions of the
  247. Program source code. Except to the extent prohibited by statute or regulation,
  248. such description must be sufficiently detailed for a Recipient of ordinary
  249. skill to be able to understand it.
  250. 11.4 This License is governed by the laws of the State of New York. No Recipient
  251. will bring a legal action under this License more than one year after the
  252. cause of action arose. Each Recipient waives its rights to a jury trial in
  253. any resulting litigation. Any litigation or other dispute resolution between
  254. a Recipient and CA relating to this License shall take place in the State
  255. of New York, and Recipient and CA hereby consent to the personal jurisdiction
  256. of, and venue in, the state and federal courts within that district with respect
  257. to this License. The application of the United Nations Convention on Contracts
  258. for the International Sale of Goods is expressly excluded.
  259. 11.5 Where Recipient is located in the province of Quebec, Canada, the following
  260. clause applies: The parties hereby confirm that they have requested that this
  261. License and all related documents be drafted in English. Les parties contractantes
  262. confirment qu'elles ont exige que le present contrat et tous les documents
  263. associes soient rediges en anglais.
  264. 11.6 The Program is subject to all export and import laws, restrictions and
  265. regulations of the country in which Recipient receives the Program. Recipient
  266. is solely responsible for complying with and ensuring that Recipient does
  267. not export, re-export, or import the Program in violation of such laws, restrictions
  268. or regulations, or without any necessary licenses and authorizations.
  269. 11.7 This License constitutes the entire agreement between the parties with
  270. respect to the subject matter hereof.
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