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+
+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.