Greetings to all ! I am evaluating D language for my next project (and immediatly loved it), but went to a screetching halt on the following licence term:
"You agree to defend, indemnify and hold Digital Mars and Symantec, its subsidiaries, affiliates, directors, officers, employees and agents harmless from all claims or demands made against them (and any related losses, damages, expenses and costs) arising out of your use of the Software." I feel the statement "arising out of your use" is too broad in scope, and ecompassing even the _legitimate_ use of the compiler. For example let's say that I wrote an antivirus in D, and come to be a good product; if Symantec lose some market share of their similar product, since the product was made "out of my use of the Software", do I have to "indemnify" them? The clause apparently cover even the demands from an unrelated third party, simply because "arise out of my use" of the software; let's say that I made a security network tool, and discovered some vulnerabilities in Symantec (or any affiliates) products. Let's say that they had many loss due to imdenification requested by their customer, or simply by bad review in press; do I have to refound they under that clause? The licence term apply even to "subsidiaries" and"affiliates", which can be companies that are in my businnes (but not the some businnes of Digital Mars or Symantec) and obviously my competitor. With above clause they have a weapon against me. I am pretty sure the licence term intended to protect from over-responsabilities, but ended to say a very different thing. Thank you for your time.
