Subject: For Approval CA-TOSL 1.1
From: Sam Greenblatt <samgreenblatt@mac.com>
Date: Tue, 11 Jan 2005 10:32:44 -0800

 Tue, 11 Jan 2005 10:32:44 -0800
 

 


--------------------------------------------------------------------------------

From: Greenblatt, Samuel J 
Sent: Friday, January 07, 2005 1:38 PM
To: license-discuss@opensource.org
Subject: For Approval CA-TOSL 1.1

 

Prepare an email with three sections as described in the next three paragraphs. Send
that email to the license-discuss mailing list (license-discuss at our domain name,
opensource.org). The subject of your message should be "For Approval:" followed by the
name of your license. 

Tell us which existing OSI-approved license is most similar to your license. Explain
why that license will not suffice for your needs. If your proposed license is derived
from a license we have already approved, describe exactly what you have changed. This
document is not part of the license; it is solely to help the license-discuss understand
and review your license. 
Explain how software distributed under your license can be used in conjunction with
software distributed under other open source licenses. Which license do you think will
take precedence for derivative or combined works? Is there any software license that
is entirely incompatible with your proposed license?. 
Include the plain text version of your license at the end of the email, either as an
insertion or as an attachment 
 

DESCRIPTION ? NOTE THE DERIVED SECTIONS CREATED THE NEED THE FOR THE 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
License.  

 

Below are excepts where the some of the concepts came from:

 

 

1.                 DEFINITIONS 

 

1                    Common Public License/IBM Public License Section 1] [Note, hereafter
?CPL/IBM?]

 

1.2              [?Contributor? means CA and any other person or entity that distributes
the Program.][CPL/IBM Section 1] 

 

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 Program thereafter.] [Originated by CA or derived from language from an open
source license other than IBM, CPL, Apple or Sun]

 

1.4              [?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.][CPL/IBM Section 1] 

 

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.][IBM Section        1, not in CPL] 

 

1.7              [?Program? means the Original Program and Contributions.][CPL/IBM

            Section 1] 

 

1.8       [?Recipient? means anyone who modifies, copies, uses or         distributes
the Program.] [Originated by CA or derived from         language from an open source
license other than IBM, CPL, Apple     or Sun]

 

2.        GRANT OF RIGHTS ? CONFORMS TO SECTION OSD 1, 2, and 3 (Free Redistribution
and Source Code)

 

2.1       [Originated by CA or derived from language from an open source license other
than IBM, CPL, Apple or Sun]

 

2.2       CPL/IBM bSection 2(b)]

 [Notwithstanding the foregoing, no license is granted under this Section

 

2.2:     (a) Sun Public License Section 2.2(d)] [Note, hereafter ?Sun?]

 

2.3       [Recipient understands that although each Contributor grants the

licenses to its Contributions set forth herein, except as provided in Section 

 

2.4,      CPL/IBM Section 2(c)]

 

2.4       [Originated by CA or derived from language from an open source license other
than IBM, CPL, Apple or Sun]

 

3.         DISTRIBUTION REQUIREMENTS CONFORMS TO OSD 7 Distribution of License

 

3.1       CPL/IBM Section 3] 

            

3.2       CPL/IBM Section 3] 

3.3       Originated by CA or derived from language from an open source license other
than IBM, CPL, Apple or Sun]

 

Section

4] CPL/IBM Section 4]

 

3.6       Sun Section 3.4]

 

 

4.        CONTRIBUTION RESTRICTIONS Conforms to OSD Section 4. Integrity of Authors
Source Code

4.1       Sun Section 3.3

 

5.        NO WARRANTY 

 

5.1 Originated by CA or derived from language from license other than IBM, CPL, Apple
or Sun]

 

5.2       CPL/IBM Section 5 

 

5.3       Apple Section 8

 

6.        DISCLAIMER OF LIABILITY 

 

6.1       CPL/IBM Section 6

 

 

7.        TRADEMARKS AND BRANDING

 

7.1 Apple Section 10 

            

7.2       Originated by CA or derived from language from an open source license other
than IBM, CPL, Apple or Sun]

 

8.        PATENT LITIGATION

 

8.1       CPL/IBM Section 7

 

9.        OWNERSHIP

 

9.1       Apple Section 11

 

10.      TERMINATION

 

10. 1 CPL/IBM Section 7 

 

11.      GENERAL 

11.1     CPL/IBM Section 7 

 

11.2     CPL/IBM Section 7 

 

11.3     Sun Section 4

 

11.4     Apple Section 13.6

 

11.5     Apple Section 13.7

 

11.6     Originated by CA or derived from language from an open

source license other than IBM, CPL, Apple or Sun

 

11.7     Originated by CA or derived from language from an open

source license other than IBM, CPL, Apple or Sun 

 

CONFORMS TO NO DISCRIMINATION SECTIONS 5, 6, 8, 9 and 10

 

CLEAR TEXT VERSION

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 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
Program. 

 

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 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: 

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 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; 

                                        iii.states that any provisions which are inconsistent
with this License are offered by that Contributor alone and not by any other party;
and 

                                        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       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 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 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 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.

 

3.5       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 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 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.        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 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 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 exig? que le pr?sent contrat et tous les documents associ?s soient redig?s
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.