336 lines
18 KiB
Plaintext
336 lines
18 KiB
Plaintext
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Computer Associates Trusted Open Source License
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Version 1.1
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(text)
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PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING
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PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN
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SOURCE LICENSE ("LICENSE"). ANY USE, REPRODUCTION, MODIFICATION OR
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DISTRIBUTION OF THE PROGRAM CONSTITUTES THE RECIPIENT'S ACCEPTANCE OF THIS
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LICENSE.
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License Background
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Computer Associates International, Inc. (CA) believes in open source. We
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believe that the open source development approach can take appropriate software
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programs to unprecedented levels of quality, growth, and innovation. To
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demonstrate our continuing commitment to open source, we are releasing the
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Program (as defined below) under this License.
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This License is intended to permit contributors and recipients of the Program
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to use the Program, including its source code, freely and without many of the
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concerns of some other open source licenses. Although we expect the underlying
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Program, and Contributions (as defined below) made to such Program, to remain
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open, this License is designed to permit you to maintain your own software
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programs free of this License unless you choose to do so. Thus, only your
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Contributions to the Program must be distributed under the terms of this
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License.
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The provisions that follow set forth the terms and conditions under which you
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may use the Program.
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1. DEFINITIONS
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1.1 Contribution means (a) in the case of CA, the Original Program; and (b) in
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the case of each Contributor (including CA), changes and additions to the
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Program, where such changes and/or additions to the Program originate from and
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are distributed by that particular Contributor to unaffiliated third parties. A
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Contribution originates from a Contributor if it was added to the Program by
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such Contributor itself or anyone acting on such Contributors behalf.
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Contributions do not include additions to the Program which: (x) are separate
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modules of software distributed in conjunction with the Program under their own
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license agreement, and (y) are not derivative works of the Program.
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1.2 Contributor means CA and any other person or entity that distributes the
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Program.
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1.3 Contributor Version means as to a Contributor, that version of the Program
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that includes the Contributors Contribution but not any Contributions made to
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the Program thereafter.
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1.4 Larger Work means a work that combines the Program or portions thereof with
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code not governed by the terms of this License.
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1.5 Licensed Patents mean patents licensable by a Contributor that are
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infringed by the use or sale of its Contribution alone or when combined with
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the Program.
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1.6 Original Program means the original version of the software to which this
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License is attached and as released by CA, including source code, object code
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and documentation, if any.
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1.7 Program means the Original Program and Contributions.
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1.8 Recipient means anyone who modifies, copies, uses or distributes the
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Program.
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2. GRANT OF RIGHTS
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2.1 Subject to the terms of this License, each Contributor hereby grants
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Recipient an irrevocable, non-exclusive, worldwide, royalty-free license to
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reproduce, prepare derivative works of, publicly display, publicly perform,
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distribute and sublicense the Contribution of such Contributor, if any, and
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such derivative works, in source code and object code form. For the avoidance
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of doubt, the license provided in this Section 2.1 shall not include a license
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to any Licensed Patents of a Contributor.
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2.2 Subject to the terms of this License, each Contributor hereby grants
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Recipient an irrevocable, non-exclusive, worldwide, royalty-free license to the
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Licensed Patents to the extent necessary to make, use, sell, offer to sell and
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import the Contribution of such Contributor, if any, in source code and object
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code form. The license granted in this Section 2.2 shall apply to the
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combination of the Contribution and the Program if, at the time the
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Contribution is added by the Contributor, such addition of the Contribution
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causes the Licensed Patents to be infringed by such combination.
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Notwithstanding the foregoing, no license is granted under this Section 2.2:
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(a) for any code or works that do not include the Contributor Version, as it
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exists and is used in accordance with the terms hereof; (b) for infringements
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caused by: (i) third party modifications of the Contributor Version; or (ii)
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the combination of Contributions made by each such Contributor with other
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software (except as part of the Contributor Version) or other devices; or (c)
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with respect to Licensed Patents infringed by the Program in the absence of
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Contributions made by that Contributor.
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2.3 Recipient understands that although each Contributor grants the licenses to
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its Contributions set forth herein, except as provided in Section 2.4, no
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assurances are provided by any Contributor that the Program does not infringe
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the patent or other intellectual property rights of any other person or entity.
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Each Contributor disclaims any liability to Recipient for claims brought by any
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other person or entity based on infringement of intellectual property rights or
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otherwise. As a condition to exercising the rights and licenses granted
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hereunder, each Recipient hereby assumes sole responsibility to secure any
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other intellectual property rights needed, if any.
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2.4 Each Contributor represents and warrants that it has all right, title and
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interest in the copyrights in its Contributions, and has the right to grant the
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copyright licenses set forth in this License.
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3. DISTRIBUTION REQUIREMENTS
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3.1 If the Program is distributed in object code form, then a prominent notice
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must be included in the code itself as well as in any related documentation,
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stating that the source code for the Program is available from the Contributor
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with information on how and where to obtain the source code. A Contributor may
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choose to distribute the Program in object code form under its own license
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agreement, provided that:
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it complies with the terms and conditions of this License; and
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its license agreement:
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effectively disclaims on behalf of all Contributors all warranties and
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conditions, express and implied, including warranties or conditions of title
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and non-infringement, and implied warranties or conditions of merchantability
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and fitness for a particular purpose, to the maximum extent permitted by
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applicable law;
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effectively excludes on behalf of all Contributors all liability for damages,
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including direct, indirect, special, incidental and consequential damages, such
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as lost profits, to the maximum extent permitted by applicable law;
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states that any provisions which are inconsistent with this License are offered
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by that Contributor alone and not by any other party; and
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states that source code for the Program is available from such Contributor at
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the cost of distribution, and informs licensees how to obtain it in a
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reasonable manner.
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3.2 When the Program is made available in source code form:
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it must be made available under this License; and
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a copy of this License must be included with each copy of the Program.
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3.3 This License is intended to facilitate the commercial distribution of the
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Program by any Contributor. However, Contributors may only charge Recipients a
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one-time, upfront fee for the distribution of the Program. Contributors may not
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charge Recipients any recurring charge, license fee, or any ongoing royalty for
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the Recipients exercise of its rights under this License to the Program.
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Contributors shall make the source code for the Contributor Version they
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distribute available at a cost, if any, equal to the cost to the Contributor to
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physically copy and distribute the work. It is not the intent of this License
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to prohibit a Contributor from charging fees for any service or maintenance
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that a Contributor may charge to a Recipient, so long as such fees are not an
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attempt to circumvent the foregoing restrictions on charging royalties or other
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recurring fees for the Program itself.
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3.4 A Contributor may create a Larger Work by combining the Program with other
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software code not governed by the terms of this License, and distribute the
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Larger Work as a single product. In such a case, the Contributor must make sure
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that the requirements of this License are fulfilled for the Program. Any
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Contributor who includes the Program in a commercial product offering,
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including as part of a Larger Work, may subject itself, but not any other
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Contributor, to additional contractual commitments, including, but not limited
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to, performance warranties and non-infringement representations on
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suchContributors behalf. No Contributor may create any additional liability for
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other Contributors. Therefore, if a Contributor includes the Program in a
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commercial product offering, such Contributor (Commercial Contributor) hereby
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agrees to defend and indemnify every other Contributor (Indemnified
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Contributor) who made Contributions to the Program distributed by the
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Commercial Contributor against any losses, damages and costs (collectively
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Losses) arising from claims, lawsuits and other legal actions brought by a
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third party against the Indemnified Contributor to the extent caused by the
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acts or omissions, including any additional contractual commitments, of such
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Commercial Contributor in connection with its distribution of the Program. The
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obligations in this section do not apply to any claims or Losses relating to
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any actual or alleged intellectual property infringement.
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3.5 If Contributor has knowledge that a license under a third partys
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intellectual property rights is required to exercise the rights granted by such
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Contributor under Sections 2.1 or 2.2, Contributor must (a) include a text file
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with the Program source code distribution titled ../IP_ISSUES, and (b) notify
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CA in writing at Computer Associates International, Inc., One Computer
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Associates Plaza, Islandia, New York 11749, Attn: Open Source Group or by email
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at opensource@ca.com, both describing the claim and the party making the claim
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in sufficient detail that a Recipient and CA will know whom to contact with
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regard to such matter. If Contributor obtains such knowledge after the
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Contribution is made available, Contributor shall also promptly modify the
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IP_ISSUES file in all copies Contributor makes available thereafter and shall
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take other steps (such as notifying appropriate mailing lists or newsgroups)
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reasonably calculated to inform those who received the Program that such new
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knowledge has been obtained.
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3.6 Recipient shall not remove, obscure, or modify any CA or other Contributor
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copyright or patent proprietary notices appearing in the Program, whether in
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the source code, object code or in any documentation. In addition to the
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obligations set forth in Section 4, each Contributor must identify itself as
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the originator of its Contribution, if any, in a manner that reasonably allows
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subsequent Recipients to identify the originator of the Contribution.
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4. CONTRIBUTION RESTRICTIONS
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4.1 Each Contributor must cause the Program to which the Contributor provides a
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Contribution to contain a file documenting the changes the Contributor made to
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create its version of the Program and the date of any change. Each Contributor
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must also include a prominent statement that the Contribution is derived,
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directly or indirectly, from the Program distributed by a prior Contributor,
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including the name of the prior Contributor from which such Contribution was
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derived, in (a) the Program source code, and (b) in any notice in an executable
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version or related documentation in which the Contributor describes the origin
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or ownership of the Program.
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5. NO WARRANTY
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5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS PROVIDED AS
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IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION,
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CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS
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TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT,
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MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS
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GIVEN OR ASSUMED BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS,
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CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT
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PERMITTED BY LAW.
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5.2 Each Recipient is solely responsible for determining the appropriateness of
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using and distributing the Program and assumes all risks associated with its
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exercise of rights under this License, including but not limited to the risks
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and costs of program errors, compliance with applicable laws, damage to or loss
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of data, programs or equipment, and unavailability or interruption of
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operations.
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5.3 Each Recipient acknowledges that the Program is not intended for use in the
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operation of nuclear facilities, aircraft navigation, communication systems, or
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air traffic control machines in which case the failure of the Program could
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lead to death, personal injury, or severe physical or environmental damage.
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6. DISCLAIMER OF LIABILITY
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6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED
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BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
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LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
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WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
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OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR
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THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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7. TRADEMARKS AND BRANDING
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7.1 This License does not grant any Recipient or any third party any rights to
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use the trademarks or trade names now or subsequently posted at http://
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www.ca.com/catrdmrk.htm, or any other trademarks, service marks, logos or trade
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names belonging to CA (collectively CA Marks) or to any trademark, service
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mark, logo or trade name belonging to any Contributor. Recipient agrees not to
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use any CA Marks in or as part of the name of products derived from the
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Original Program or to endorse or promote products derived from the Original
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Program.
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7.2 Subject to Section 7.1, Recipients may distribute the Program under
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trademarks, logos, and product names belonging to the Recipient provided that
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all copyright and other attribution notices remain in the Program.
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8. PATENT LITIGATION
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8.1 If Recipient institutes patent litigation against any person or entity
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(including a cross-claim or counterclaim in a lawsuit) alleging that the
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Program itself (excluding combinations of the Program with other software or
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hardware) infringes such Recipients patent(s), then such Recipients rights
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granted under Section 2.2 shall terminate as of the date such litigation is
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filed.
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9. OWNERSHIP
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9.1 Subject to the licenses granted under this License in Sections 2.1 and 2.2
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above, each Contributor retains all rights, title and interest in and to any
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Contributions made by such Contributor. CA retains all rights, title and
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interest in and to the Original Program and any Contributions made by or on
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behalf of CA (CA Contributions), and such CA Contributions will not be
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automatically subject to this License. CA may, at its sole discretion, choose
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to license such CA Contributions under this License, or on different terms from
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those contained in this License or may choose not to license them at all.
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10. TERMINATION
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10.1 All of Recipients rights under this License shall terminate if it fails to
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comply with any of the material terms or conditions of this License and does
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not cure such failure in a reasonable period of time after becoming aware of
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such noncompliance. If Recipients rights under this License terminate,
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Recipient agrees to cease use and distribution of the Program as soon as
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reasonably practicable. However, Recipients obligations under this License and
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any licenses granted by Recipient as a Contributor relating to the Program
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shall continue and survive termination.
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11. GENERAL
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11.1 If any provision of this License is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of the
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remainder of the terms of this License, and without further action by the
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parties hereto, such provision shall be reformed to the minimum extent
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necessary to make such provision valid and enforceable.
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11.2 CA may publish new versions (including revisions) of this License from
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time to time. Each new version of the License will be given a distinguishing
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version number. The Program (including Contributions) may always be distributed
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subject to the version of the License under which it was received. In addition,
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after a new version of the License is published, Contributor may elect to
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distribute the Program (including its Contributions) under the new version. No
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one other than CA has the right to modify this License.
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11.3 If it is impossible for Recipient to comply with any of the terms of this
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License with respect to some or all of the Program due to statute, judicial
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order, or regulation, then Recipient must: (a) comply with the terms of this
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License to the maximum extent possible; and (b) describe the limitations and
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the code they affect. Such description must be included in the IP_ISSUES file
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described in Section 3.5 and must be included with all distributions of the
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Program source code. Except to the extent prohibited by statute or regulation,
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such description must be sufficiently detailed for a Recipient of ordinary
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skill to be able to understand it.
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11.4 This License is governed by the laws of the State of New York. No
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Recipient will bring a legal action under this License more than one year after
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the cause of action arose. Each Recipient waives its rights to a jury trial in
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any resulting litigation. Any litigation or other dispute resolution between a
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Recipient and CA relating to this License shall take place in the State of New
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York, and Recipient and CA hereby consent to the personal jurisdiction of, and
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venue in, the state and federal courts within that district with respect to
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this License. The application of the United Nations Convention on Contracts for
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the International Sale of Goods is expressly excluded.
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11.5 Where Recipient is located in the province of Quebec, Canada, the
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following clause applies: The parties hereby confirm that they have requested
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that this License and all related documents be drafted in English. Les parties
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contractantes confirment qu'elles ont exige que le present contrat et tous les
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documents associes soient rediges en anglais.
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11.6 The Program is subject to all export and import laws, restrictions and
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regulations of the country in which Recipient receives the Program. Recipient
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is solely responsible for complying with and ensuring that Recipient does not
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export, re-export, or import the Program in violation of such laws,
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restrictions or regulations, or without any necessary licenses and
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authorizations.
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11.7 This License constitutes the entire agreement between the parties with
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respect to the subject matter hereof.
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