discuss: Modified Artistic License (eNetwizard Content Application Server)

[Mahesh T Pai]

Robert Samuel White wrote:

>
> I've been giving much thought to this, because eNetwizard is entirely
> code-based, there is no installation module, so I cannot very well put it in
> what has been called on this list as a "click-wrap"!

Umm, I do not think that tis list has considered such kinds of programs in the
click-wrap discussion.  Pl let me know (off the list) when the package is ready
for release.  Let me me what exactly the thing is - INASE (i am not a software
engineer;) )
>

Re. disclaimers, I stick to my - no liability without any one of the following:-
1. payment to the person sought to be held liable.
2. you told that person that you intend to rely on his program

Both of course, require what we, in law, call privity - in simple English, you
can put as a direct relationship between the person sought to be held liable,
and the plaintiff. Liability can be fastened on you only when privity, along
with any one of the above requirements are established.

> How about an excerpt from the Common Public License...

My opinion - Cut out the words in [square brackets]
My additions are in (round brackets)
>
> NO WARRANTY
>
> [EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,] THE PROGRAM 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 codes for this program and determine whether this program
does what 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.
>



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