
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.
