Question regarding a new local license approach
David Webber (XML)
david at drrw.info
Thu Mar 10 12:18:50 UTC 2005
I think it means that a solution would have to be underwritten by
a local Dutch company in-country, who then issue their own
license to cover the use their.
----- Original Message -----
From: "Chuck Swiger" <chuck at codefab.com>
To: "Walter van Holst" <walter.van.holst at gmail.com>
Cc: <license-discuss at opensource.org>
Sent: Thursday, March 10, 2005 5:30 AM
Subject: Re: Question regarding a new local license approach
> On Mar 10, 2005, at 5:11 AM, Walter van Holst wrote:
> > On top of that,
> > in order to limit liability and warranties (oh, and BTW, there is no
> > difference between warranties, implied warranties and guarantees in
> > Dutch law, it is all either a guarantee or it isn't), you need a
> > contract. It is just impossible to have a user surrender rights to
> > claim damages by using a bare license.
> What about CDDL clause #5:
> "5. DISCLAIMER OF WARRANTY.
> COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS,
> WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
> WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
> DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
> THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
> SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN
> ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
> ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
> DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
> NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
> THIS DISCLAIMER."
> Is this invalid under Dutch law, meaning that it is impossible to use
> software covered by this license?
> > There has to be a point where
> > the user can agree to the license or not (and there are restrictions
> > on the extent to which those rights can be surrendered in a contract).
> I write and publish open source software, just like many other people
> on this list who are developers. I make that software available for
> free, and in return I expect a disclaimer from warranty much as the
> CDDL has above. If your country's law does not permit that to take
> place without having a contract signed between the two parties, I guess
> that means people there are being excluded from a lot of Open Source
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