Licence question about Indemnification

Chris invalid at invalid.invalid
Mon Mar 30 03:34:39 PDT 2009


Greetings to all !

I am evaluating D language for my next project (and immediatly loved
it),  but went to a screetching halt on the following licence term:

"You agree to defend, indemnify and hold Digital Mars and Symantec, its
subsidiaries, affiliates, directors, officers, employees and agents
harmless from all claims or demands made against them (and any related
losses, damages, expenses and costs) arising out of your use of the
Software."

I feel the statement "arising out of your use" is too broad in scope, and
ecompassing even the _legitimate_ use of the compiler.

For example let's say that I wrote an antivirus in D, and come to be a good
product; if Symantec lose some market share of their similar product, since
the product was made "out of my use of the Software", do I have to
"indemnify" them?

The clause apparently cover even the demands from an unrelated third party,
simply because "arise out of my use" of the software; let's say that I
made a security network tool, and discovered some vulnerabilities in
Symantec (or any affiliates) products. Let's say that they had many loss due
to imdenification requested by their customer, or simply by bad review in
press; do I have to refound they under that clause?

The licence term apply even to "subsidiaries" and"affiliates", which can be
companies that are in my businnes (but not the some businnes of Digital Mars
or Symantec) and obviously my competitor. With above clause they have a
weapon against me.

I am pretty sure the licence term intended to protect from
over-responsabilities, but ended to say a very different thing.

Thank you for your time. 





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