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-
-Computer Associates Trusted Open Source License
-Version 1.1
-
-
-(text)
-
-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.