"Sean Kelly" > Chris wrote: >> "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. > > I believe this clause is simply the one in most licenses that protects the > creator of the product from responsibility if their product causes harm. > From the dictionary definition of "indemnify" I'd choose the first entry: > "to secure against hurt, loss, or damage." Basically, if someone sues you > because your D app does something horrible, you don't have the right to > turn around and sue Digital Mars or Synamtec in turn.
This is the normal clause we can find everywhere. By contrast, the D licence clause says if someone else sued THEM, then I have to give them some money; the only requisite is that the cause is "my use" of the software. I have to resort to dictionary too since I am not very good at English, and found: http://dictionary.reference.com/dic?q=indemnify&search=search "1. To compensate for damage or loss sustained, expense incurred" So indemnify the cost shall mean that I have to pay cash (and I don't see otherwise how can I indemnify them against third party). > For example, in the BSD license: > > http://www.opensource.org/licenses/bsd-license.php > > This clause is present: > > THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS > IS" . . . IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE > FOR ANY . . . DAMAGES . . . ARISING IN ANY WAY OUT OF THE USE OF THIS > SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Not the some thing: it says that I can't sue them. It doesn't say that I have to refund someone.
