Licence question about Indemnification

[Walter Bright]

Chris wrote:
> "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).

The way I interpret it is it has to be damages that can be directly 
traced to your use of the software. In other words, if you write an app 
using dmd that deletes someone's hard disk, you cannot hold Symantec 
responsible. If someone else writes an app using dmd that deletes a hard 
disk, you are not indemnifying Symantec for that.

I.e. you are responsible for the consequences of your use of dmd, not 
Symantec.