Re: Computer Associates Trusted Open Source License
On Fri, Jan 14, 2005 at 02:34:24PM +0200, Juhapekka Tolvanen wrote:
> Computer Associates released Ingres under this license:
> Is this really free software license? If it is, who will package Ingres,
Please include the full text of licenses to the list for review. Thanks.
Computer Associates Trusted Open Source License
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.
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
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
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 Contributor’s 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
1.3 “Contributor Version” means as to a Contributor, that version of the Program that
includes the Contributor’s Contribution but not any Contributions made to the
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 Cont ributor 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
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 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 exclud es 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;
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 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.
3.4 This License is intended to facilitate the commercial distribution of the Program
by any Contributor. However, Contributors may only charge Recipients a onetime,
upfront fee for the distribution of the Program. Contributors may not charge
Recipients any recurring charge, license fee, or any ongoing royalty for the
Recipient’s 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
3.5 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 such Contributor’s 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.
3.6 If Contributor has knowledge that a license under a third party’s 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
firstname.lastname@example.org, 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.
3.7 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 obligatio ns
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
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, NONINFRINGEMENT,
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 name s 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
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 Recipient’s patent(s), then such Recipient’s rights granted under
Section 2.2 shall terminate as of the date such litigation is filed.
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.
10.1 All of Recipient’s 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 Recipient’s rights under this License terminate, Recipient
agrees to cease use and distribution of the Program as soon as reasonably
practicable. However, Recipient’s obligations under this License and any licenses
granted by Recipient as a Contributor relating to the Program shall continue and
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
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 3.6 and must be included with all distributions of the Program source
code. Except to the extent prohibited by statute or regulation, suc h description
must be sufficiently detailed for a Recipient of ordinary skill to be able to
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
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 exigé que le présent contrat et tous les documents associés
soient redigés 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, reexport,
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.