Minh Nguyen <[email protected]> writes: > 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]
There is a difference between disclaiming warranty and indemnification. I see a disclaimer as fine, and indemnification as not ok. And, in this case, it's not just that we can have a disclaimer. These terms are required to be followed when OSM redistributes, under the text ofthe King County license as I read it. >> 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. That seems ok -- that's a disclaimer only. It doesn't say that the downloading person agrees to pay any claim brought by third parties.
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