Licence question about Indemnification

Unknown W. Brackets unknown at simplemachines.org
Mon Mar 30 23:38:41 PDT 2009


 From my limited legal understanding, which being so limited can only be 
considered an unlearned opinion, I think that the clause "arising out of 
your use of the Software" limits the entire paragraph.

Obviously, if I were to write a malicious virus in D, no one ought to 
sue Walter.  They should sue me, right?  I mean, that's what I would think.

If someone did sue Walter, he might sue me, for the damages I did to him 
and D, by using it to write a virus.  Unless he just felt like being a 
nice guy.

Of course, all this banter is really just hypothesizing and talking 
about personal, mostly irrelevant, opinions.  Again, you need to contact 
and discuss this issue with a lawyer who has passed through your 
region's licensing requirements to be able to properly (and legally) 
advise you on this matter.

-[Unknown]


Chris wrote:
> "Unknown W. Brackets"
>> That is a very common clause.  The idea, as far as I understand, is that
>> if the compiler were to break - and your client were to sue you because of
>> this - you can't sue down the chain.
> 
> I am familiar with the clause you are talking about (and I basically agree
> with it), but the D licence clause seems much different.
> 
> Infact it says that if someone (even unrelated to my businnes) caused
> them pratically every type of "cost", I have to indemnify them (who
> exactly?), simply because that cost "arose out" of my use (not misuse)
> of the Software.
> And note that the chain you are referring to, don't have to pass through me.
> 
> If a normal limitation of responsability was the intent, then the clause is
> a thousand times wide. 
> 
> 



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