Платформа ЦРНП "Мирокод" для разработки проектов
https://git.mirocod.ru
You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
330 lines
19 KiB
330 lines
19 KiB
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: |
|
|
|
* 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.
|
|
|