Computer Associates Trusted Open Source License Version 1.1

PLEASE READ THIS DOCUMENT CAREFULLY _ IN ITS ENTIRETY. _ ACCOMPANYING PROGRAM _ PROVIDED UNDER _ TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN SOURCE LICENSE ("LICENSE"). ANY USE, REPRODUCTION, MODIFICATION _ DISTRIBUTION OF _ PROGRAM CONSTITUTES _ RECIPIENT'S ACCEPTANCE OF THIS LICENSE.

License Background

Computer Associates International, Inc. (CA) believes in open source. We believe that _ open source development approach can take appropriate software programs _ unprecedented levels of quality, growth, _ innovation. _ demonstrate our continuing commitment _ open source, we are releasing _ Program (as defined below) under this License.

This License _ intended _ permit contributors _ recipients of _ Program _ use _ Program, including its source code, freely _ without many of _ concerns of some other open source licenses. Although we expect _ underlying Program, _ Contributions (as defined below) made _ such Program, _ remain open, this License _ designed _ permit you _ maintain your own software programs free of this License unless you choose _ do so. Thus, only your Contributions _ the Program must be distributed under _ terms of this License.

The provisions that follow set forth _ terms _ conditions under which you may use _ Program.

1. DEFINITIONS

1.1 Contribution means (a) in _ case of CA, _ Original Program; _ (b) in _ case of each Contributor (including CA), changes _ additions _ the Program, where such changes and/or additions _ the Program originate from _ are distributed by that particular Contributor _ unaffiliated third parties. A Contribution originates from a Contributor if it was added _ the Program by such Contributor itself _ anyone acting _ such Contributors behalf. Contributions do not include additions _ the Program which: (x) are separate modules of software distributed in conjunction with _ Program under their own license agreement, _ (y) are not derivative works of _ Program.

1.2 Contributor means CA _ any other person _ entity that distributes _ Program.

1.3 Contributor Version means as _ a Contributor, that version of _ Program that includes _ Contributors Contribution but not any Contributions made _ the Program thereafter.

1.4 Larger Work means a work that combines _ Program _ portions thereof with code not governed by _ terms of this License.

1.5 Licensed Patents mean patents licensable by a Contributor that are infringed by _ use _ sale of its Contribution alone _ when combined with _ Program.

1.6 Original Program means _ original version of _ software _ which this License _ attached _ as released by CA, including source code, object code _ documentation, if any.

1.7 Program means _ Original Program _ Contributions.

1.8 Recipient means anyone who modifies, copies, uses _ distributes _ Program.

2. GRANT OF RIGHTS

2.1 Subject _ the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free license _ reproduce, prepare derivative works of, publicly display, publicly perform, distribute _ sublicense _ Contribution of such Contributor, if any, _ such derivative works, in source code _ object code form. For _ avoidance of doubt, _ license provided in this Section 2.1 shall not include a license _ any Licensed Patents of a Contributor.

2.2 Subject _ the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free license _ the Licensed Patents _ the extent necessary _ make, use, sell, offer _ sell _ import _ Contribution of such Contributor, if any, in source code _ object code form. _ license granted in this Section 2.2 shall apply _ the combination of _ Contribution _ the Program if, at _ time _ Contribution _ added by _ Contributor, such addition of _ Contribution causes _ Licensed Patents _ be infringed by such combination. Notwithstanding _ foregoing, no license _ granted under this Section 2.2: (a) for any code _ works that do not include _ Contributor Version, as it exists _ is used in accordance with _ terms hereof; (b) for infringements caused by: (i) third party modifications of _ Contributor Version; _ (ii) _ combination of Contributions made by each such Contributor with other software (except as part of _ Contributor Version) _ other devices; _ (c) with respect _ Licensed Patents infringed by _ Program in _ absence of Contributions made by that Contributor.

2.3 Recipient understands that although each Contributor grants _ licenses _ its Contributions set forth herein, except as provided in Section 2.4, no assurances are provided by any Contributor that _ Program does not infringe _ patent _ other intellectual property rights of any other person _ entity. Each Contributor disclaims any liability _ Recipient for claims brought by any other person _ entity based _ infringement of intellectual property rights _ otherwise. As a condition _ exercising _ rights _ licenses granted hereunder, each Recipient hereby assumes sole responsibility _ secure any other intellectual property rights needed, if any.

2.4 Each Contributor represents _ warrants that it has all right, title _ interest in _ copyrights in its Contributions, _ has _ right _ grant _ copyright licenses set forth in this License.

3. DISTRIBUTION REQUIREMENTS

3.1 If _ Program _ distributed in object code form, then a prominent notice must be included in _ code itself as well as in any related documentation, stating that _ source code for _ Program _ available from _ Contributor with information _ how _ where _ obtain _ source code. A Contributor may choose _ distribute _ Program in object code form under its own license agreement, provided that:

  • it complies with _ terms _ conditions of this License; _
  • its license agreement:
    • effectively disclaims _ behalf of all Contributors all warranties _ conditions, express _ implied, including warranties _ conditions of title _ non-infringement, _ implied warranties _ conditions of merchantability _ fitness for a particular purpose, _ the maximum extent permitted by applicable law;
    • effectively excludes _ behalf of all Contributors all liability for damages, including direct, indirect, special, incidental _ consequential damages, such as lost profits, _ the maximum extent permitted by applicable law;
    • states that any provisions which are inconsistent with this License are offered by that Contributor alone _ not by any other party; and
    • states that source code for _ Program _ available from such Contributor at _ cost of distribution, _ informs licensees how _ obtain it in a reasonable manner.

3.2 When _ Program _ made available in source code form:

  • it must be made available under this License; _
  • a copy of this License must be included with each copy of _ Program.

3.3 This License _ intended _ facilitate _ commercial distribution of _ Program by any Contributor. However, Contributors may only charge Recipients a one-time, upfront fee for _ distribution of _ Program. Contributors may not charge Recipients any recurring charge, license fee, _ any ongoing royalty for _ Recipients exercise of its rights under this License _ the Program. Contributors shall make _ source code for _ Contributor Version they distribute available at a cost, if any, equal _ the cost _ the Contributor _ physically copy _ distribute _ work. It _ not _ intent of this License _ prohibit a Contributor from charging fees for any service _ maintenance that a Contributor may charge _ a Recipient, so long as such fees are not an attempt _ circumvent _ foregoing restrictions _ charging royalties _ other recurring fees for _ Program itself.

3.4 A Contributor may create a Larger Work by combining _ Program with other software code not governed by _ terms of this License, _ distribute _ Larger Work as a single product. In such a case, _ Contributor must make sure that _ requirements of this License are fulfilled for _ Program. Any Contributor who includes _ Program in a commercial product offering, including as part of a Larger Work, may subject itself, but not any other Contributor, _ additional contractual commitments, including, but not limited to, performance warranties _ non-infringement representations _ suchContributors behalf. No Contributor may create any additional liability for other Contributors. Therefore, if a Contributor includes _ Program in a commercial product offering, such Contributor (Commercial Contributor) hereby agrees _ defend _ indemnify every other Contributor (Indemnified Contributor) who made Contributions _ the Program distributed by _ Commercial Contributor against any losses, damages _ costs (collectively Losses) arising from claims, lawsuits _ other legal actions brought by a third party against _ Indemnified Contributor _ the extent caused by _ acts _ omissions, including any additional contractual commitments, of such Commercial Contributor in connection with its distribution of _ Program. _ obligations in this section do not apply _ any claims _ Losses relating _ any actual _ alleged intellectual property infringement.

3.5 If Contributor has knowledge that a license under a third partys intellectual property rights _ required _ exercise _ rights granted by such Contributor under Sections 2.1 _ 2.2, Contributor must (a) include a text file with _ Program source code distribution titled ../IP_ISSUES, _ (b) notify CA in writing at Computer Associates International, Inc., One Computer Associates Plaza, Islandia, New York 11749, Attn: Open Source Group _ by email at opensource@ca.com, both describing _ claim _ the party making _ claim in sufficient detail that a Recipient _ CA will know whom _ contact with regard _ such matter. If Contributor obtains such knowledge after _ Contribution _ made available, Contributor shall also promptly modify _ IP_ISSUES file in all copies Contributor makes available thereafter _ shall take other steps (such as notifying appropriate mailing lists _ newsgroups) reasonably calculated _ inform those who received _ Program that such new knowledge has been obtained.

3.6 Recipient shall not remove, obscure, _ modify any CA _ other Contributor copyright _ patent proprietary notices appearing in _ Program, whether in _ source code, object code _ in any documentation. In addition _ the obligations set forth in Section 4, each Contributor must identify itself as _ originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients _ identify _ originator of _ Contribution.

4. CONTRIBUTION RESTRICTIONS

4.1 Each Contributor must cause _ Program _ which _ Contributor provides a Contribution _ contain a file documenting _ changes _ Contributor made _ create its version of _ Program _ the date of any change. Each Contributor must also include a prominent statement that _ Contribution _ derived, directly _ indirectly, from _ Program distributed by a prior Contributor, including _ name of _ prior Contributor from which such Contribution was derived, in (a) _ Program source code, _ (b) in any notice in an executable version _ related documentation in which _ Contributor describes _ origin _ ownership of _ Program.

5. NO WARRANTY

5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, _ PROGRAM _ PROVIDED AS _ AND IN ITS PRESENT STATE _ CONDITION. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING _ TERM, EXPRESS _ IMPLIED, STATUTORY _ OTHERWISE, AS _ THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, _ FITNESS FOR A PARTICULAR PURPOSE _ USE OF _ PROGRAM _ GIVEN _ ASSUMED BY ANY CONTRIBUTOR _ ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS _ TERMS ARE HEREBY EXCLUDED _ THE FULLEST EXTENT PERMITTED BY LAW.

5.2 Each Recipient _ solely responsible for determining _ appropriateness of using _ distributing _ Program _ assumes all risks associated with its exercise of rights under this License, including but not limited _ the risks _ costs of program errors, compliance with applicable laws, damage _ or loss of data, programs _ equipment, _ unavailability _ interruption of operations.

5.3 Each Recipient acknowledges that _ Program _ not intended for use in _ operation of nuclear facilities, aircraft navigation, communication systems, _ air traffic control machines in which case _ failure of _ Program could lead _ death, personal injury, _ severe physical _ environmental damage.

6. DISCLAIMER OF LIABILITY

6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, _ TO _ EXTENT PERMITTED BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, _ CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED _ ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, _ TORT (INCLUDING NEGLIGENCE _ OTHERWISE) ARISING IN ANY WAY OUT OF _ USE _ DISTRIBUTION OF _ PROGRAM _ THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF _ POSSIBILITY OF SUCH DAMAGES.

7. TRADEMARKS _ BRANDING

7.1 This License does not grant any Recipient _ any third party any rights _ use _ trademarks _ trade names now _ subsequently posted at www.ca.com/catrdmrk.htm, _ any other trademarks, service marks, logos _ trade names belonging _ CA (collectively CA Marks) _ to any trademark, service mark, logo _ trade name belonging _ any Contributor. Recipient agrees not _ use any CA Marks in _ as part of _ name of products derived from _ Original Program _ to endorse _ promote products derived from _ Original Program.

7.2 Subject _ Section 7.1, Recipients may distribute _ Program under trademarks, logos, _ product names belonging _ the Recipient provided that all copyright _ other attribution notices remain in _ Program.

8. PATENT LITIGATION

8.1 If Recipient institutes patent litigation against any person _ entity (including a cross-claim _ counterclaim in a lawsuit) alleging that _ Program itself (excluding combinations of _ Program with other software _ hardware) infringes such Recipients patent(s), then such Recipients rights granted under Section 2.2 shall terminate as of _ date such litigation _ filed.

9. OWNERSHIP

9.1 Subject _ the licenses granted under this License in Sections 2.1 _ 2.2 above, each Contributor retains all rights, title _ interest in _ to any Contributions made by such Contributor. CA retains all rights, title _ interest in _ to _ Original Program _ any Contributions made by _ on behalf of CA (CA Contributions), _ such CA Contributions will not be automatically subject _ this License. CA may, at its sole discretion, choose _ license such CA Contributions under this License, _ on different terms from those contained in this License _ may choose not _ license them at all.

10. TERMINATION

10.1 All of Recipients rights under this License shall terminate if it fails _ comply with any of _ material terms _ conditions of this License _ 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 _ cease use _ distribution of _ Program as soon as reasonably practicable. However, Recipients obligations under this License _ any licenses granted by Recipient as a Contributor relating _ the Program shall continue _ survive termination.

11. GENERAL

11.1 If any provision of this License _ invalid _ unenforceable under applicable law, it shall not affect _ validity _ enforceability of _ remainder of _ terms of this License, _ without further action by _ parties hereto, such provision shall be reformed _ the minimum extent necessary _ make such provision valid _ enforceable.

11.2 CA may publish new versions (including revisions) of this License from time _ time. Each new version of _ License will be given a distinguishing version number. _ Program (including Contributions) may always be distributed subject _ the version of _ License under which it was received. In addition, after a new version of _ License _ published, Contributor may elect _ distribute _ Program (including its Contributions) under _ new version. No one other than CA has _ right _ modify this License.

11.3 If it _ impossible for Recipient _ comply with any of _ terms of this License with respect _ some _ all of _ Program due _ statute, judicial order, _ regulation, then Recipient must: (a) comply with _ terms of this License _ the maximum extent possible; _ (b) describe _ limitations _ the code they affect. Such description must be included in _ IP_ISSUES file described in Section 3.5 _ must be included with all distributions of _ Program source code. Except _ the extent prohibited by statute _ regulation, such description must be sufficiently detailed for a Recipient of ordinary skill _ be able _ understand it.

11.4 This License _ governed by _ laws of _ State of New York. No Recipient will bring a legal action under this License more than one year after _ cause of action arose. Each Recipient waives its rights _ a jury trial in any resulting litigation. Any litigation _ other dispute resolution between a Recipient _ CA relating _ this License shall take place in _ State of New York, _ Recipient _ CA hereby consent _ the personal jurisdiction of, _ venue in, _ state _ federal courts within that district with respect _ this License. _ application of _ United Nations Convention _ Contracts for _ International Sale of Goods _ expressly excluded.

11.5 Where Recipient _ located in _ province of Quebec, Canada, _ following clause applies: _ parties hereby confirm that they have requested that this License _ 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 _ Program _ subject _ all export _ import laws, restrictions _ regulations of _ country in which Recipient receives _ Program. Recipient _ solely responsible for complying with _ ensuring that Recipient does not export, re-export, _ import _ Program in violation of such laws, restrictions _ regulations, _ without any necessary licenses _ authorizations.

11.7 This License constitutes _ entire agreement between _ parties with respect _ the subject matter hereof.

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