<the Proposed clause>
8. Redistribution with Additional Terms. You may choose to offer,
and to charge a fee for, warranty, support, indemnity, or liability
obligations and/or other rights consistent with the scope of the
license granted herein ("Additional Terms"). However, You may do so
only on Your own behalf and as Your sole responsibility, not on
behalf of any other Contributor, and only if You agree to
indemnify, defend, and hold every Contributor harmless for any
liability incurred by, or claims asserted against, such Contributor
by reason of any such Additional Terms.
</proposed clause>
<suggested clause>
*. Accepting warranty or Additional liability. You may, while
redistributing this work or contributions, with or without
modifications, choose to charge a fee for offering support,
warranty, indemnity, or accept other liability obligations and/or
other rights consistent with the rights hereby received by you.
However, in accepting such liability, You may act only on Your own
behalf and on Your sole responsibility. Your actions shall not be
on behalf of any other Contributor. You agree to indemnify,
defend, and hold every Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
(*)To be renumbered as para 11 - see below
</suggested clause>
Also, it is a good idea if paragraphs 8 and (10+11) as appearing and
in the proposed license are swapped. That is, the permission to
accept further liability should come *after* the disclaimer
provisions.
Thus, instead of the existing paragraphs 8, 9, 10, 11, it should
appear in the following order - 10, 11, 9, 8.
Thus, my suggested paragraph (above) should be numbered 11 *after*
doing the renumbering.
The justification for this renumbering is that paragraph 8 as proposed
is an exception to the disclaimer of liability of distributors
(present 10 & 11). Logic requires that exceptions to general rules are
stated after the rule itself is stated.
--
+~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+
Mahesh T. Pai, LL.M.,
'NANDINI', S. R. M. Road,
Ernakulam, Cochin-682018,
Kerala, India.
http://in.geocities.com/paivakil
+~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+
