Licence question about Indemnification

[Christopher Wright]

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?

In this context, "indemnify" means "agree never to hold responsible". 
This means that you and your customers can't sue Symantec or Digital 
Mars if your antivirus software kills their firstborn children due to a 
bug in DMD.

If you use DMD to create an antivirus application that totally destroys 
Symantec and they go bankrupt, you owe them nothing.