Chris wrote:
Greetings to all !
I am evaluating D language for my next project (and immediatly loved
it), but went to a screetching halt on the following licence term:
"You agree to defend, indemnify and hold Digital Mars and Symantec, its
subsidiaries, affiliates, directors, officers, employees and agents
harmless from all claims or demands made against them (and any related
losses, damages, expenses and costs) arising out of your use of the
Software."
I feel the statement "arising out of your use" is too broad in scope, and
ecompassing even the _legitimate_ use of the compiler.
For example let's say that I wrote an antivirus in D, and come to be a good
product; if Symantec lose some market share of their similar product, since
the product was made "out of my use of the Software", do I have to
"indemnify" them?
I believe this clause is simply the one in most licenses that protects
the creator of the product from responsibility if their product causes
harm. From the dictionary definition of "indemnify" I'd choose the
first entry: "to secure against hurt, loss, or damage." Basically, if
someone sues you because your D app does something horrible, you don't
have the right to turn around and sue Digital Mars or Synamtec in turn.
For example, in the BSD license:
http://www.opensource.org/licenses/bsd-license.php
This clause is present:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" . . . IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
LIABLE FOR ANY . . . DAMAGES . . . ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
