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Re: Proposed Grail and JPython Licenses



Guido van Rossum <guido@CNRI.Reston.VA.US> writes:

> 1. This CNRI LICENSE AGREEMENT (the "Agreement") by and between the
> Corporation for National Research Initiatives, having an office at
> 1895 Preston White Drive, Reston, VA 20191 ("CNRI") and the Individual
> or Organization ("Licensee") requesting release of JPython 1.0.x, for
> any integer x, in binary and source form and its associated
> documentation as provided herein ("Software"), is effective as of the
> date of release to Licensee of the Software.

Does this mean that one has to actively "request release" (contact
CNRI in some way?) before one is a "Licensee" by this definition?


.. and now for something completely different:

> 6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE
> FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A
> RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY
> DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME
> STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE
> ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.

I have seen many such disclaimers in many kinds of licenses, and they
have all ben capitalized. Now, it is a rather basic fact that all-caps
text has notoriously lower readability than mixed-case text. Is there
any legal reason why disclaimers are always being presented in this
obfuscated typography?

-- 
Henning Makholm
http://www.diku.dk/students/makholm


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