broad indemnification clauses (TAES disclaimer)
Andreas Metzler <[email protected]> Sat, 6 Jun 2026 14:18:40 +0200
| Newsgroups | gmane.linux.debian.devel.legal |
|---|---|
| Message-ID | <[email protected]> |
Hello, netpbm's analyzer/pgmtexture.c features: 8X------------------------------- ** Code written partially taken from pgmtofs.c in the PBMPLUS package ** by Jef Poskanzer. ** ** Algorithms for calculating features (and some explanatory comments) are ** taken from: ** ** Haralick, R.M., K. Shanmugam, and I. Dinstein. 1973. Textural features ** for image classification. IEEE Transactions on Systems, Man, and ** Cybertinetics, SMC-3(6):610-621. ** ** Copyright (C) 1991 Texas Agricultural Experiment Station, employer for ** hire of James Darrell McCauley ** ** Permission to use, copy, modify, and distribute this software and its ** documentation for any purpose and without fee is hereby granted, provided ** that the above copyright notice appear in all copies and that both that ** copyright notice and this permission notice appear in supporting ** documentation. This software is provided "as is" without express or ** implied warranty. ** ** THE TEXAS AGRICULTURAL EXPERIMENT STATION (TAES) AND THE TEXAS A&M ** UNIVERSITY SYSTEM (TAMUS) MAKE NO EXPRESS OR IMPLIED WARRANTIES ** (INCLUDING BY WAY OF EXAMPLE, MERCHANTABILITY) WITH RESPECT TO ANY ** ITEM, AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL ** OR CONSEQUENTAL DAMAGES ARISING OUT OF THE POSSESSION OR USE OF ** ANY SUCH ITEM. LICENSEE AND/OR USER AGREES TO INDEMNIFY AND HOLD ** TAES AND TAMUS HARMLESS FROM ANY CLAIMS ARISING OUT OF THE USE OR ** POSSESSION OF SUCH ITEMS. 8X------------------------------- The fishy bit is the broad indemnification clause »LICENSEE AND/OR USER AGREES TO INDEMNIFY AND HOLD TAES AND TAMUS HARMLESS FROM ANY CLAIMS ARISING OUT OF THE USE OR POSSESSION OF SUCH ITEMS.« RedHat/Fedora looked at it https://gitlab.com/fedora/legal/fedora-license-data/-/work_items/255 and dropped the respective file. What is our stanza? I have asked upstream and Bryan wrote: | Actually, that isn't part of any license. The copyright license is the | paragraph above that. This paragraph starts off as a disclaimer of warranty, | and ends with a covenant, both of which presume to be part of some contract | between the licensee and the author, which doesn't exist. cu Andreas