discuss: Modified Artistic License (eNetwizard Content Application Server)

[Robert Samuel White]

Mahesh,

I do not believe technically that the configuration wizard would suffice
for the legal purposes the click-wrap is designed for...  I believe this
because you must first install the package on your system (it must be
running on the server) before you can actually access the configuration
wizard.  Therefore, it might be too late at that point since it is
technically already installed by the time you see the disclaimer.  I'm
not sure though - I don't know if "extracting a bunch of files to a
folder and accessing it using a web server" would be consider
"installed" or not!

One thing I do wonder about is why you cannot simply have a file named
DISCLAIMER, and have it placed in the root of the extracted archive.  I
would think that this should be sufficient, even to the courts.  It is
one of the first things a user sees, and if they choose not to read it,
is that not their own fault?
 
Thanks, Bruce.  That is a good catch phrase...  Too bad a disclaimer
could not be as simple as:  "I am not responsible for your mistakes!"
:-)  Indeed, if I ever went to court, that would be my defense...  LOL

But seriously...

Since the only issue left is that of protection under the disclaimer of
the license, I'd like to get this out of the way to clear the way for
the (hopefully) approval of my license by the OSI...

I believe the following should suffice for the disclaimer (slightly
modified from its original version, taking into consideration the
thoughtful comments by both Bruce and Mahesh):  (so wordy... :-/)

One question:  Should not the words "program" as they are being used
below be changed to "Package" since I defined that word as part of my
license? 


NO WARRANTY

THIS PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Each Recipient is solely responsible for reading the source code for
this program and determining whether this program does what (s)he
expects it to do and for determining the appropriateness of using and
distributing the program and assumes all risks associated with its
exercise of rights under this Agreement, including but not limited to
the risks and costs of program errors, compliance with applicable laws,
damage to or loss of data, programs or equipment, and unavailability or
interruption of operations.

DISCLAIMER OF LIABILITY 

NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



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