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.
