Steelblue license
Steelblue claims their product is open source (Open Source
Definition is based on DFSG). Below is their license from:
http://www.steelblue.com/sb/download/SteelBlue/latest/LICENSE.TXT
>From their home page: "SteelBlue is an open-source Web application
server environment in which Web-database applications can be developed
completely in an extended HTML language."
The question is, does the below meet the DFSG? Particularly since it
is:
1. revocable
2. Requires you to give them the source (although it does say
"please" at the site listed, so "requires" may be a bit harsh).
3. Requires you to give them full rights to your mods (even sell
them, from what I read).
4. Termination clause.
5. Governed under Maryland law (UCITA) (although it makes sense as a
Maryland corp, but it is UCITA).
6. Up front, it states it governs "right to use" which may not be the
same as "right to copy" (GPL only governs copying, as you have an
automatic right to use under copyright)
7. Their "Copyright" clause, which claims all rights, both copyright
and any other rights.
8. The last paragraph is really cute: "This license is hereby made
open-source."
If it's not Open Source, what are the ramifications since they never
truly claim it is "Open Source" (capital letters)?
SteelBlue License (SBL)
Non-Recourse, Non-Exclusive Revocable License Agreement
The attached software application ("Program") is owned exclusively by
Turner Consulting Group, Inc. ("TCG"), a Maryland corporation, and is
protected by United States copyright law and international treaty.
The right to use the Program for any and all purposes is subject to,
and by downloading, installing and/or using this software you
(sometimes referred to as "User") accept all of the terms and
conditions set forth below. The term "Program" shall include all
portions thereof, all versions, releases, upgrades, enhancements,
improvements, modifications, updates and all derivatives, as
determined by TCG to be part of the Program. Nothing herein shall be
construed as an offer by TCG to supply any such additional materials
or services, or restrict TCG's sale or licensing to others of products
based upon the Program in whole or in part.
1. LICENSE. The Program is provided or made available to User by TCG
on an open source and non-exclusive basis. The Program and any
and all rights therein, may not be sold, transferred, sublicensed,
distributed or otherwise conveyed by you in any manner for any
reason, other than in compliance with the terms of this License.
2. COPIES AND DISTRIBUTION. The Program may be copied and installed
on an unlimited number of User's workstations, networks and
information systems. The Program, in whole or in part, may be
distributed by User to others, provided that distribution
(i) permits and enables further distribution; and
(ii) in every instance be accompanied by this License. All users
and recipients shall remain subject to the terms and
conditions hereof.
3. RESTRICTIONS. Except in compliance with this License, the Program
may not be distributed, published, sublicensed or otherwise
disseminated or exploited by User or any other person or entity
without the prior written consent of TCG in each instance. All
use of the Program, and all copies, correspondence, publications
and other materials used therewith, shall indicate in a prominent
manner that the Program is subject to this License and the rights
of TCG, and shall be accompanied by the restrictions set forth
herein. The grant of the license of the Program does not include
the conveyance by TCG of any ownership right, title or other
interest.
4. MODIFICATIONS. Modifications of the Program may be made and
distributed only under the following conditions:
a. Modifications may not alter or remove any copyright notices in
the Program with respect to TCG.
b. All distributed modifications to the Program shall immediately
become subject to a permanent non-exclusive royalty-free right
hereby granted to TCG to include such modifications in the
Program as it may determine from time to time, and the
unrestricted right to distribute such modification in all future
versions of the Program, without obligation to User of any kind.
c. Upon distribution, the source code of all modifications to the
Program must be made available free of charge to TCG as
specified on the Web page at
http://www.steelblue.com/modifications/ .
5. TERMINATION. In the event of any default or failure of User to
abide by the terms hereof, this license may be revoked by TCG
without prior notice and all rights granted hereunder rescinded.
In the event of such revocation, the Program and all copies
thereof however stored and on all media, temporary and permanent,
shall be returned to TCG or destroyed or otherwise disabled by
User. Upon request User shall provide sufficient evidence of
compliance said obligation.
6. COPYRIGHT. All right, title and interest in and to the Program,
including but not limited to the copyright and the right to sell,
transfer, license or otherwise convey the Program and any rights
therein, remain exclusively with TCG. The license granted
hereunder does not include the right to use the name "TCG" or any
trademark, servicemark, ownership right, copyright or other
property of TCG in any manner.
7. WARRANTY. THE PROGRAM IS PROVIDED BY TCG ON AN "AS IS" BASIS.
TCG MAKES AND EXTENDS NO WARRANTIES OR GUARANTEES OF ANY KIND,
EXPRESS OR IMPLIED, WITH REGARD TO THE PROGRAM, ITS OPERATION,
COMPATIBILITY, USE OR ANY OTHER BENEFIT OR FEATURE IN ANY MANNER,
OR THE DOCUMENTATION PROVIDED THEREWITH. ALL RISK OF USE IS
ASSUMED BY USER. TCG MAKES NO WARRANTY OF ANY KIND WITH REGARD TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESTRUCTIVE
CODE, CALENDAR COMPATIBILITY, OR WITH REGARD TO ANY RIGHTS OR
INFRINGEMENT OF ANY RIGHTS THAT MAY BE ASSERTED BY OTHERS. IN NO
EVENT SHALL TCG BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND THAT
MAY ARISE IN CONNECTION WITH THE LICENSE, USE, INSTALLATION,
OPERATION, STORAGE OR OTHER FUNCTION OF THE PROGRAM, INCLUDING BUT
NOT LIMITED TO ACTUAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OR
DESTRUCTION OF DATA OR SYSTEMS, BUSINESS INTERRUPTION, LOSS OF
REVENUE OR PROFIT, LOSS OF OPPORTUNITY, OR ANY OTHER MONETARY OR
NON-MONETARY LOSS, NOTWITHSTANDING THAT INFORMATION REGARDING THE
POSSIBILITY OF SUCH LOSS MAY HAVE BEEN PROVIDED AT ANY TIME TO
TCG, ITS AGENTS OR EMPLOYEES. IN NO EVENT SHALL TCG'S LIABILITY
EXCEED THE PURCHASE PRICE PAID BY USER TO TCG FOR THE LICENSE
HEREIN GRANTED.
8. GOVERNING LAW. This license shall be governed under the laws of
the State of Maryland, the courts of which state shall have sole
jurisdiction, and shall be the sole venue, of all actions that may
arise hereunder.
9. This license is hereby made open-source. Copy it and use it in
other products. Knock yourself out (though TCG will not be
responsible for any damage caused by your knocking yourself out).
------------------------------------------------------------------------
Jeffry Smith Technical Sales Consultant Mission Critical Linux
smith@missioncriticallinux.com phone:603.930.9739 fax:978.446.9470
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