mirror of
https://github.com/go-gitea/gitea
synced 2024-12-21 10:54:32 +01:00
330 lines
19 KiB
Groff
330 lines
19 KiB
Groff
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.
|