Is ARAS an OSS marketing policy? Yes, Just read the licence

I was reading InfoWorld columnist Dave Rosenberg article as reported by /.. Then I went to ARAS site. Look to download the application provided by ARAS. On second thoughts I decided to look at the license terms and conditions. Boy what bunch of bull by ARAS and M$, if M$ is involved in this game.
My first thought was to port the application to Linux platform. But when you look at the license, it is a no no. ARAS license is almost direct replication of M$ EULA.
SO is ARAS fits in OSS space. Simply No. May Be it is time to start a list of Companies and Software that they say Open Source but really not.
From the ARAS license, it is open untill you touch it, It closes the door behind you!

Links;
Open Source weblog at Info World

This is a potion of the license agrrement you have to agree in order to download. Complete agreement is at ARAS site.

ARAS INNOVATOR® LICENSE AGREEMENT 1.1

Last Updated December 1st 2006



IMPORTANT - READ CAREFULLY.



This License Agreement (Agreement) is a legal agreement between you (either an individual or a single entity, collectively “You” or “Licensee”) and Aras Corporation for the Aras Innovator® software product and all certified software applications (the “Solutions”) provided by Aras Corporation that run on the Aras Innovator® application framework, (collectively “Licensed Software”) as well as the documentation (the “Documentation”). By installing, copying, or otherwise using the Licensed Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Licensed Software.



1. GRANT OF LICENSE.

Licensee is hereby granted the following non-exclusive, non-transferable, and non-sublicensable rights with respect to Licensed Software and Documentation:

(a) to install the Licensed Software on computer servers owned or leased by Licensee for use solely by Licensee’s employees and the employees of Licensee’s suppliers and customers (“Authorized Users”);

(b) to make an unlimited number of copies of the Licensed Software for backup and disaster recovery purposes, provided Licensee shall reproduce all confidentiality and proprietary rights notices on all copies of the Licensed Software; and

(c) to make an unlimited number of copies of the Documentation and distribute those copies to Authorized Users, provided Licensee shall reproduce all confidentiality and proprietary rights notices on all copies of the Documentation.