Mahesh, I do not believe technically that the configuration wizard would suffice for the legal purposes the click-wrap is designed for... I believe this because you must first install the package on your system (it must be running on the server) before you can actually access the configuration wizard. Therefore, it might be too late at that point since it is technically already installed by the time you see the disclaimer. I'm not sure though - I don't know if "extracting a bunch of files to a folder and accessing it using a web server" would be consider "installed" or not!
One thing I do wonder about is why you cannot simply have a file named DISCLAIMER, and have it placed in the root of the extracted archive. I would think that this should be sufficient, even to the courts. It is one of the first things a user sees, and if they choose not to read it, is that not their own fault? Thanks, Bruce. That is a good catch phrase... Too bad a disclaimer could not be as simple as: "I am not responsible for your mistakes!" :-) Indeed, if I ever went to court, that would be my defense... LOL But seriously... Since the only issue left is that of protection under the disclaimer of the license, I'd like to get this out of the way to clear the way for the (hopefully) approval of my license by the OSI... I believe the following should suffice for the disclaimer (slightly modified from its original version, taking into consideration the thoughtful comments by both Bruce and Mahesh): (so wordy... :-/) One question: Should not the words "program" as they are being used below be changed to "Package" since I defined that word as part of my license? NO WARRANTY THIS PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for reading the source code for this program and determining whether this program does what (s)he expects it to do and for determining the appropriateness of using and distributing the program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. DISCLAIMER OF LIABILITY NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
