Le jeudi 10 juillet 2008 à 15:06 -0500, Richard Laager a écrit : > 7. Indemnity. Licensee will, at its own expense, defend any action > brought by a third party against Zend to the extent that such action is > based on a claim arising from or relating to: (a) Licensee's use of the > Software, (ii) any distribution of the Software by Licensee or by any of > or by any sub-licensee, regardless of privity of contract and regardless > of the length of the trail of sublicenses, (iii) any claims based upon > warranties, guarantees or representations made by Licensee or any of its > employees, agents or sub-licensees; or (iv) any use of the Software by > any of the foregoing sub-licensees. Zend shall have the exclusive right > to control such defense. In no event shall Licensee settle any such > claim, lawsuit or proceeding without Zend's prior written approval.
This is a lawyerbomb. By distributing the software, Debian and its mirror network could be held liable for anything that people receiving the software would be doing. I really don’t think we should distribute such a thing. > 10. Miscellaneous. This Agreement is made in and shall be governed by > the laws of the State of Israel, excluding choice of law principles. > Venue for all proceedings shall be Tel Aviv, Israel. Notwithstanding the > foregoing, Zend shall have the right to apply to any court of competent > jurisdiction for injunctive or other relief. The United Nations > Convention for the International Sale of Goods shall not apply. I’m not sure of the implications of this claim, but it is very suspicious; Israel having ratified the Vienna convention, I don’t think they can just say it will not apply. Of course that would make moot all that comes before, since choice of law does not apply in this case. -- .''`. : :' : We are debian.org. Lower your prices, surrender your code. `. `' We will add your hardware and software distinctiveness to `- our own. Resistance is futile.
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