Licence question about Indemnification

[Chris]

"Sean Kelly"
> Chris wrote:
>> "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.
>
> 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.

This is the normal clause we can find everywhere.
By contrast, the D licence clause says if someone else sued THEM,
then I have to give them some money; the only requisite is that
the cause is "my use" of the software.

I have to resort to dictionary too since I am not very good at English,
and found:
http://dictionary.reference.com/dic?q=indemnify&search=search

"1. To compensate for damage or loss sustained, expense incurred"

So indemnify the cost shall mean that I have to pay cash (and I
don't see otherwise how can I indemnify them against third party).

>  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.

Not the some thing: it says that I can't sue them.
It doesn't say that I have to refund someone.