There are several questionable aspects of this license, but I will point out the one that makes it clearly non-open:
If any portion of this license is known by the legal entity to have been previously deemed unenforceable, by a court of law, in applicable jurisdictions, this license cannot be accepted. The legal entity must make an effort to determine this before accepting this license.
This license cannot be counted on to grant the permissions required by the open definition, and the effort requested is not an acceptable condition for the open definition.