License for approval

Tue Jul 24 10:18:38 UTC 2001

Dear OSI Board members,

Attached (ts-license.html) is a license for approval that we, The Open
Group, have been using in a slightly different form for our conformance
test suites, that we make freely available.

This is a modified version of the Artistic license. To
date we have been making available test suites
with the the following License (an example online is at
http://www.opengroup.org/testing/downloads/vsthlite-terms.html ) detailing
the modifications to the Artistic License. It has been suggested that
we merge the two into a single license and seek OSI Approval.

As well as the changes noted below, we have added text to the Preamble
explaining our motivation for the license, that we are trying to
ensure that these "benchmark" tests retain the integrity of the original
test modes if they are modified.

We believe this license is compatible with software distributed
under other open source licenses.

We also have a varient of this license, which we would appreciate feedback
on  where we have added an extra stipulation regarding disclosure of
test results:

	``Disclosure of test results, except for the purposes of reporting
	a suspected problem in the execution of the tests, or claims
	of "passing the tests" are not permitted without the previous
	written consent of X/Open (The Open Group).''

Our motivation for this is where we run a certification program for
which we wish to protect the value in the mark, yet still allow the
test suite to be made freely available.

The license may be posted with our identification.

Thankyou for your consideration.
best regards
Andrew

-----
Andrew Josey                                The Open Group
Director, Server Platforms                  Apex Plaza,Forbury Road,
Email: a.josey at opengroup.org                Reading,Berks.RG1 1AX,England
Tel:   +44 118 9508311 ext 2250             Fax: +44 118 9500110
Mobile: +44 774 015 5794

=========================================================
(existing example cover license, detailing the differences
between this and the Artistic license)

VSTHlite End User Licence
_________________________________

This program is free software; you can redistribute it and/or modify
it under the terms of the "Artistic License" which comes with this
Kit, with the following modification:
        a) "executable(s)" should be interpreted to include
          "test case(s)"
        b) if you wish to make changes as defined in clause 2 and 3, and
         distribute a modified version of this package, then
        clauses 3c and 4c are required
        c) Clause 7 is rephrased as follows: "Subroutines supplied by you
        and linked into this Package shall not be considered part of this
        Package".

X/OPEN, TRADING AS THE OPEN GROUP, DISCLAIMS ALL WARRANTIES WITH REGARD TO
THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS. IN NO EVENT SHALL X/OPEN BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SOFTWARE.

You should have received a copy of the Artistic License with this
Kit, in the file named "Artistic".  If not, we'll be glad to provide one.

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