Hello, Am 10.06.26 um 05:12 schrieb Soren Stoutner:
This seems to me like a typical clause designed by lawyers. It sounds harmless, but it is typical unspecified in favour of the user of the clause.The next part of the text just restates in other words what it means that there is not warranty of any kind. Specifically:LICENSEE AND/OR USER AGREES TO INDEMNIFY AND HOLD TAES AND TAMUS HARMLESS FROM ANY CLAIMS ARISING OUT OF THE USE OR POSSESSION OF SUCH ITEMS.Because these are the same ideas, it doesn’t really matter how many different ways they say it.
So the implications are not clear.Does a distributor (like Debian) "OF SUCH ITEMS" has to "INDEMNIFY AND HOLD TAES AND TAMUS HARMLESS", if a downloader takes legal action against "TAES AND TAMUS"? One can say distribution is a kind of use and a distributor is a Licensee.
And is that clause also applicable in the case of intentional infliction or grossly negligent causing of harm?
The clause causes IMO a risk for Debian and its users. It is more than a typical disclaimer (otherwise it would be superfluous).
Kind regards Michael
OpenPGP_0x2E9A25E39D2862E7.asc
Description: OpenPGP public key
OpenPGP_signature.asc
Description: OpenPGP digital signature
