Vào lúc 03:21 2022-11-22, Greg Troxel đã viết:
Mike Thompson <[email protected]> writes:
There is also this, which seems to be problematic:
You agree to indemnify, defend and hold harmless King County and its
officers, directors, and employees from and against all fines, suits,
proceedings, claims, causes of action, demands, or liabilities of any kind
or of any nature arising out of or in connection with your use of the Data
I wouldn't say "seems"! Any kind of indemnification or hold harmless is
totally and absolutely NOT OK at all.
What this means, is that the person agreeing to this license agrees that
suppose they put the data in a navigation device
someone else uses that navigation device
something bad happens
someone -- anyone -- sues King County with any kind of claim that
somehow the bad thing was "arising out of use" or was "connected to
use"
then,
the person who agreed will pay the judgement etc.
This is just crazy, and IMHO the law should hold such contracts to be
void as contrary to public policy (by waiving negligence and putting it
on some other party, especially when the first party knows that the
other party lacks legal sophistication and is likely not to understand
the terms). But that's not how it is, apparently.
This is a standard boilerplate disclaimer of warranty in the U.S. At
least eight other imports have already taken place under the condition
that we repost a similar disclaimer on [1]. Some of them make clear that
the reason for this disclaimer is that they don't want to be held to the
same legal standard as a legal survey in cases of property disputes. I
am not a lawyer either, but let's not jump to the conclusion that merely
respecting the county's disclaimer means we're left holding the bag: we
have a disclaimer of warranty too: [2]
Any material downloaded or otherwise obtained through your use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
[1] https://wiki.openstreetmap.org/wiki/Contributors#United_States
[2] https://wiki.osmfoundation.org/wiki/Terms_of_Use#IX._Disclaimers
--
[email protected]
_______________________________________________
Imports mailing list
[email protected]
https://lists.openstreetmap.org/listinfo/imports
