Christopher Wright wrote:
Chris wrote:
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?
In this context, "indemnify" means "agree never to hold responsible".
This means that you and your customers can't sue Symantec or Digital
Mars if your antivirus software kills their firstborn children due to a
bug in DMD.
If you use DMD to create an antivirus application that totally destroys
Symantec and they go bankrupt, you owe them nothing.
Errr, /they/ owe you nothing. But they can sue you.
(Not that suing over losing market share to a competitor were grounds
for suing, but that's not the issue. This indemnification is here so
nobody can sue /them/, but it doesn't affect their suing others or you.)
More interesting would be if Symantec licensed your D software and it
caused them to go bankrupt. They probably would sue you, but "not
related to the use of D, etc.", instead they'd sue for "your choices of
algorithm" or "your sloppy software practices", or something else.
