Proposal for OSI Certification: The SteelBlue License

[Robert Buccigrossi]

Dear Sir or Madam:

  My name is Robert Buccigrossi, Ph.D. ("Butch"), part of the Turner
Consulting Group.  We have released the application server "SteelBlue"
at http://www.steelblue.com/ , and as we are approaching our first
stable release, we were hoping to prepare it for wider distribution.  We
feel that part of this is ensuring that what we claim as "Open Source"
is truly open source.  Therefore, I would greatly appreciate your
posting the following license (listed after my signature) to the
license-discuss list.  I am happy to be identified as one of the
authors, and will happily entertain questions and comments at my e-mail
address mailto:butch at tcg-inc.com .  The main goals of this license is:

 - To impose no restrictions upon the use of the software (i.e.
   educational and commercial use is permitted)

 - Applications developed using this application server do not have
   to be open source (i.e. can be commercial and sold)

 - Modifications made to the software, if released, should be
   reported to the original authors (i.e. TCG)

 - To permit the original authors (i.e. TCG) to be able to release
   a commercial version of the software in the future if they choose

 - Hold the original authors (i.e. TCG) not liable for any defects 
   in the program

 - To be legally binding in the United States (we've had fun wrestling
   with our lawyers over wording :)

 Thank you so much for your time, and we look forward to your
suggestions.

Butch



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.