Re: CDDL

[Sven Luther <sven.luther@wanadoo.fr>]

On Thu, Sep 08, 2005 at 07:28:46PM +0100, Andrew Suffield wrote:
>     * 99.. MMIISSCCEELLLLAANNEEOOUUSS..
>       This License represents the complete agreement concerning subject matter
>       hereof. If any provision of this License is held to be unenforceable,
>       such provision shall be reformed only to the extent necessary to make it
>       enforceable. This License shall be governed by the law of the
>       jurisdiction specified in a notice contained within the Original Software
>       (except to the extent applicable law, if any, provides otherwise),
>       excluding such jurisdiction's conflict-of-law provisions. Any litigation
>       relating to this License shall be subject to the jurisdiction of the
>       courts located in the jurisdiction and venue specified in a notice
>       contained within the Original Software, with the losing party responsible
>       for costs, including, without limitation, court costs and reasonable
>       attorneys' fees and expenses. The application of the United Nations
>       Convention on Contracts for the International Sale of Goods is expressly
>       excluded. Any law or regulation which provides that the language of a
>       contract shall be construed against the drafter shall not apply to this
>       License. You agree that You alone are responsible for compliance with the
>       United States export administration regulations (and the export control
>       laws and regulation of any other countries) when You use, distribute or
>       otherwise make available any Covered Software.
>       responsible for claims and damages arising, directly or indirectly, out
>       of its utilization of rights under this License and You agree to work
>       with Initial Developer and Contributors to distribute such responsibility
>       on an equitable basis. Nothing herein is intended or shall be deemed to
>       constitute any admission of liability.

My own feeling is that this one is the real problem, and is dependent on how
we decide on the choice-of-venue issue, and there is no clear precedent here,
altough in the past many have expressed themselves against it.

Friendly,

Sven Luther