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LICENSE
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LICENSE
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Computer Associates Trusted Open Source License
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Version 1.1
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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 DISTRIBUTION
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OF THE PROGRAM CONSTITUTES THE RECIPIENT'S ACCEPTANCE OF THIS LICENSE.
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License Background
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Computer Associates International, Inc. (CA) believes in open source. We believe
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that the open source development approach can take appropriate software programs
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to unprecedented levels of quality, growth, and innovation. To demonstrate
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our continuing commitment to open source, we are releasing the Program (as
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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
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the 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 License.
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The provisions that follow set forth the terms and conditions under which
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you 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)
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in 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
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and are distributed by that particular Contributor to unaffiliated third parties.
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A Contribution originates from a Contributor if it was added to the Program
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by such Contributor itself or anyone acting on such Contributors behalf. Contributions
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do not include additions to the Program which: (x) are separate modules of
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software distributed in conjunction with the Program under their own license
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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
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to the Program thereafter.
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1.4 Larger Work means a work that combines the Program or portions thereof
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with 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 infringed
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by the use or sale of its Contribution alone or when combined with 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 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 Recipient
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an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce,
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prepare derivative works of, publicly display, publicly perform, distribute
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and sublicense the Contribution of such Contributor, if any, and such derivative
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works, in source code and object code form. For the avoidance of doubt, the
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license provided in this Section 2.1 shall not include a license to any Licensed
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Patents of a Contributor.
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2.2 Subject to the terms of this License, each Contributor hereby grants Recipient
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an irrevocable, non-exclusive, worldwide, royalty-free license to the Licensed
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Patents to the extent necessary to make, use, sell, offer to sell and import
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the Contribution of such Contributor, if any, in source code and object code
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form. The license granted in this Section 2.2 shall apply to the combination
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of the Contribution and the Program if, at the time the Contribution is added
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by the Contributor, such addition of the Contribution causes the Licensed
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Patents to be infringed by such combination. Notwithstanding the foregoing,
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no license is granted under this Section 2.2: (a) for any code or works that
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do not include the Contributor Version, as it exists and is used in accordance
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with the terms hereof; (b) for infringements caused by: (i) third party modifications
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of the Contributor Version; or (ii) the combination of Contributions made
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by each such Contributor with other software (except as part of the Contributor
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Version) or other devices; or (c) with respect to Licensed Patents infringed
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by the Program in the absence of Contributions made by that Contributor.
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2.3 Recipient understands that although each Contributor grants the licenses
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to its Contributions set forth herein, except as provided in Section 2.4,
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no 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
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any other person or entity based on infringement of intellectual property
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rights or otherwise. As a condition to exercising the rights and licenses
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granted hereunder, each Recipient hereby assumes sole responsibility to secure
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any other intellectual property rights needed, if any.
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2.4 Each Contributor represents and warrants that it has all right, title
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and interest in the copyrights in its Contributions, and has the right to
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grant the 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
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may 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 conditions,
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express and implied, including warranties or conditions of title and non-infringement,
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and implied warranties or conditions of merchantability and fitness for a
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particular purpose, to the maximum extent permitted by 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,
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such 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
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offered 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
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at the cost of distribution, and informs licensees how to obtain it in a reasonable
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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
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the Program by any Contributor. However, Contributors may only charge Recipients
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a one-time, upfront fee for the distribution of the Program. Contributors
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may not charge Recipients any recurring charge, license fee, or any ongoing
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royalty for the Recipients exercise of its rights under this License to the
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Program. Contributors shall make the source code for the Contributor Version
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they distribute available at a cost, if any, equal to the cost to the Contributor
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to 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
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an attempt to circumvent the foregoing restrictions on charging royalties
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or other 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
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sure that the requirements of this License are fulfilled for the Program.
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Any 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 suchContributors
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behalf. No Contributor may create any additional liability for other Contributors.
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Therefore, if a Contributor includes the Program in a commercial product offering,
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such Contributor (Commercial Contributor) hereby agrees to defend and indemnify
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every other Contributor (Indemnified Contributor) who made Contributions to
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the Program distributed by the Commercial Contributor against any losses,
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damages and costs (collectively Losses) arising from claims, lawsuits and
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other legal actions brought by a third party against the Indemnified Contributor
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to the extent caused by the acts or omissions, including any additional contractual
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commitments, of such Commercial Contributor in connection with its distribution
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of the Program. The obligations in this section do not apply to any claims
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or Losses relating to any actual or alleged intellectual property infringement.
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3.5 If Contributor has knowledge that a license under a third partys intellectual
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property rights is required to exercise the rights granted by such Contributor
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under Sections 2.1 or 2.2, Contributor must (a) include a text file with the
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Program source code distribution titled ../IP_ISSUES, and (b) notify CA in
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writing at Computer Associates International, Inc., One Computer Associates
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Plaza, Islandia, New York 11749, Attn: Open Source Group or by email at opensource@ca.com,
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both describing the claim and the party making the claim in sufficient detail
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that a Recipient and CA will know whom to contact with regard to such matter.
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If Contributor obtains such knowledge after the Contribution is made available,
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Contributor shall also promptly modify the IP_ISSUES file in all copies Contributor
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makes available thereafter and shall take other steps (such as notifying appropriate
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mailing lists or newsgroups) reasonably calculated to inform those who received
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the Program that such new 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
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in 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
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as the originator of its Contribution, if any, in a manner that reasonably
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allows 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
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a Contribution to contain a file documenting the changes the Contributor made
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to 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
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AS 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,
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AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY,
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OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED
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BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
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AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
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5.2 Each Recipient is solely responsible for determining the appropriateness
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of using and distributing the Program and assumes all risks associated with
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its exercise of rights under this License, including but not limited to the
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risks and costs of program errors, compliance with applicable laws, damage
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to or loss of data, programs or equipment, and unavailability or interruption
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of operations.
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5.3 Each Recipient acknowledges that the Program is not intended for use in
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the operation of nuclear facilities, aircraft navigation, communication systems,
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or 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, WHETHER
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IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE
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OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
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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
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to use the trademarks or trade names now or subsequently posted at http://www.ca.com/catrdmrk.htm,
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or any other trademarks, service marks, logos or trade names belonging to
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CA (collectively CA Marks) or to any trademark, service mark, logo or trade
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name belonging to any Contributor. Recipient agrees not to use any CA Marks
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in or as part of the name of products derived from the Original Program or
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to endorse or promote products derived from the Original Program.
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7.2 Subject to Section 7.1, Recipients may distribute the Program under trademarks,
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logos, and product names belonging to the Recipient provided that all copyright
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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 Program
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itself (excluding combinations of the Program with other software or hardware)
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infringes such Recipients patent(s), then such Recipients rights granted under
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Section 2.2 shall terminate as of the date such litigation is 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
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2.2 above, each Contributor retains all rights, title and interest in and
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to any Contributions made by such Contributor. CA retains all rights, title
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and interest in and to the Original Program and any Contributions made by
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or on behalf of CA (CA Contributions), and such CA Contributions will not
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be automatically subject to this License. CA may, at its sole discretion,
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choose to license such CA Contributions under this License, or on different
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terms from those contained in this License or may choose not to license them
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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
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to comply with any of the material terms or conditions of this License and
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does not cure such failure in a reasonable period of time after becoming aware
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of 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 reasonably
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practicable. However, Recipients obligations under this License and any licenses
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granted by Recipient as a Contributor relating to the Program shall continue
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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 applicable
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law, it shall not affect the validity or enforceability of the remainder of
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the terms of this License, and without further action by the parties hereto,
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such provision shall be reformed to the minimum extent necessary to make such
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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.
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No 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
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this 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 Recipient
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will bring a legal action under this License more than one year after the
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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
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a Recipient and CA relating to this License shall take place in the State
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of New York, and Recipient and CA hereby consent to the personal jurisdiction
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of, and venue in, the state and federal courts within that district with respect
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to this License. The application of the United Nations Convention on Contracts
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for 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 following
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clause applies: The parties hereby confirm that they have requested that this
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License and all related documents be drafted in English. Les parties contractantes
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confirment qu'elles ont exige que le present contrat et tous les documents
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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
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not export, re-export, or import the Program in violation of such laws, restrictions
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or regulations, or without any necessary licenses and 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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