ca-tosl-1.1.LICENSE

---
key: ca-tosl-1.1
short_name: CA Trusted Open Source License 1.1
name: Computer Associates Trusted Open Source License 1.1
category: Copyleft Limited
owner: Computer Associates
homepage_url: http://www.opensource.org/licenses/ca-tosl1.1.php
notes: Per SPDX.org, this license is OSI certifified.
spdx_license_key: CATOSL-1.1
osi_license_key: CATOSL-1.1
text_urls:
    - http://www.opensource.org/licenses/ca-tosl1.1.php
osi_url: http://opensource.org/licenses/ca-tosl1.1.php
other_urls:
    - http://opensource.org/licenses/CATOSL-1.1
    - https://opensource.org/licenses/CATOSL-1.1
ignorable_urls:
    - http://www.ca.com/catrdmrk.htm
ignorable_emails:
    - opensource@ca.com
---

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:

a. it complies with the terms and conditions of this License; and 
b. its license agreement: 
	i. 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;
	ii. 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; 
	iii. states that any provisions which are inconsistent with this License are
	offered by that Contributor alone and not by any other party; and 
	iv. 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:

a. it must be made available under this License; and 
b. 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.