[ Please discuss this license. Is this discriminating against users in countries where warranty can be disclaimed? -russ ]
If the following disclaimer of warranty and liability is not valid due to the laws in a jurisdiction then NO RIGHTS ARE GRANTED in that jurisdiction without the express written permission of the copyright holder.
My first take is that it violates definition 5.
But there's a bigger issue. The author doesn't want some "chuckle-head" suing him, yet what's to prevent some chuckle-head author from suing users under the same clause? What if I don't know if this warranty is valid in my jurisdiction, and give the software to a friend? Will I get sued because I didn't receive the right to distribute the software?
In addition, the warranty covers use of the software, yet I can obtain the right to use the software without having to agree to the license.
David
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