ESST license

[Parson, Dale E (Dale)]

I posted the following to license-approval at opensource.org
back on June 20 and never heard anything back, so I thought
I'd try sending it to the discuss list as well. At this point
I plan to use the license to release the software discussed,
but it would be nice to have it OSI certified at some point
as well.

The license is basically BSD with some additional
liability limits added for the contributing organization
and individual contributors.

Am I following the correct procedure here?

Dale Parson, Agere Systems

Original email:
-------------------------------------------------------------
From: Parson, Dale E (Dale)
Sent: Thursday, June 20, 2002 10:36 AM
To: 'license-approval at opensource.org'
Subject: ESST license

Dear Open Source Initiative:

I would like to have the attached 'Embedded System
Software Tools' (ESST) license approved as an
"OSI Certified" license. This license will cover
a distribution of an embedded system simulation and
debugging environment originally marketed under
the name 'LUxWORKS" by Bell Labs / Lucent Microelectronics
/ Agere Systems (currently). This software will be released
under the attached license, as the Embedded System Software
Tools package, with "Agere Systems Inc." substituted for
<OWNER> and <ORGANIZATION> and "1995-2002" substituted for
<YEAR> in the license. Initially we are donating the
source to Lehigh University's Embedded System Laboratory,
and our intent is to make the software generally available
as open source.

Below are answers to each of the items listed on
http://www.opensource.org/docs/certification_mark.php.
I have attached HTML and text copies of the license.
This license may be posted to license-discuss with my ID.
Please let me know if you have any questions.

Thanks.

Dale Parson, Ph.D., Consulting Member of Technical Staff
Agere Systems
dparson at agere.com 610-712-3365
--------------------------------------------------------------------
Getting a License Approved

	1.Put the license on a web page in HTML form. We will
	convert it into the same style as the existing approved
	licenses. You can help us by publishing it in that style
	yourself to save us the conversion step. ASCII text is
	preferred if asked to post your license to the
	'license-discuss' mailing list. 

I have attached "esst-license.html" in your format, with the
"OSI Certified" mark removed, since ESST is not yet certified.
Also attached is "esst-license.txt" in ASCII form.

	2.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 board understand and
	review your license. 

The ESST license is the BSD license with additional no-liability
clauses added as required by Agere's corporate legal department.
The first paragraph is new (sort of a notice about reading the
license), the bullets make explicit where the license must
appear (in source files and documentation), and the disclaimer
adds some additional non-liability for the providing organization
and any contributors.

	3.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?. 

It should work exactly the same as BSD works with any other
license. The added no-liability verbiage covers exactly the
code contributed under this license, so this notice must
appear in those files, and the liability limits apply to
software provided under this license. There is no copy-left
restriction here, nor any restriction from using this
software in conjunction with any other software.

	4.Send your proposed license by email to
	license-approval at opensource.org. Indicate in the email
	whether you want the license posted to the license-discuss
	list with your identification or anonymously. (We are
	willing to consider licenses that the author doesn't want
	posted at all, but since community review is an important
	part of the approval process, we will have to circulate
	such licenses privately to individual reviewers: because of
	this, licenses not posted to license-discuss at all may take
	longer to approve, and are likely to require more
	interaction with you.) You are invited to follow
	discussion of the licenses by subscribing to
	license-discuss-subscribe at opensource.org. This
	mailing-list is archived here. 

Will do.
This license may be posted to license-discuss with my ID.

	5.If we find that the license does not conform to the Open
	Source Definition, we will work with you to resolve the
	problems. 
	6.At the same time, we will monitor the license-discuss list
	and work with you to resolve any problems uncovered in
	public comment. 
	7.As part of this process, we may also seek outside legal
	advice on license issues. 
	8.Once we are assured that the license conforms to the Open
	Source Definition and has received thorough discussion
	on license-discuss or by other reviewers, and there are no
	remaining issues that we judge significant, we will notify
	you that the license has been approved, copy it to our
	website, and add it to the list below. 

Thanks for all your help!

Dale (dparson at agere.com)

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