[License-review] Request for Approval : Modular Open Software License (MOSL)
knights_of_ni at gmx.com
Fri Feb 1 18:15:43 UTC 2013
Le 01/02/2013 16:37, John Cowan a écrit :
> Hadrien G. scripsit:
>> SHOULD APPLICABLE LAWS HOLD THE AUTHORS OF THE SOFTWARE LIABLE UNDER
>> SPECIFIC CIRCUMSTANCES, LICENSEES MUST EITHER VOW INDEMNITY FROM
>> SUCH RIGHTS, OR OBTAIN WRITTEN AGREEMENT TO PROVIDE SUCH SUPPORT
>> FROM THE AUTHORS OF THE SOFTWARE BEFORE THEY USE THE SOFTWARE."
> If you can't waive liability, you can't waive it. This end-run around
> users' legal rights is IMO very unlikely to stand up in court, given the
> usual interpretations of contracts of adhesion (those which are written
> solely by one party and offered on a "take it or leave it" basis).
> When you offer a product for others to use, you take your chances with
> the legal system.
> Anyway, I myself would not touch a product with such a non-standard
> license clause.
So on your side, you would prefer it the way it originally was ?
"UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, THIS
SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
THE AUTHORS OF THE SOFTWARE BE LIABLE, AGAIN UNLESS REQUIRED BY
APPLICABLE LAW OR AGREED TO IN WRITING, FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE."
All the best,
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