Licence question about Indemnification

[Sean Kelly]

Chris wrote:
> 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?

I believe this clause is simply the one in most licenses that protects 
the creator of the product from responsibility if their product causes 
harm.  From the dictionary definition of "indemnify" I'd choose the 
first entry: "to secure against hurt, loss, or damage."  Basically, if 
someone sues you because your D app does something horrible, you don't 
have the right to turn around and sue Digital Mars or Synamtec in turn. 
  For example, in the BSD license:

http://www.opensource.org/licenses/bsd-license.php

This clause is present:

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS 
IS" . . . IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE 
LIABLE FOR ANY . . . DAMAGES . . . ARISING IN ANY WAY OUT OF THE USE OF 
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.