Re: Apple's APSL 2.0 " Debian Free Software Guidelines"-compliant?
On Sun, Jun 27, 2004 at 08:07:22AM -0400, Nathanael Nerode wrote:
> > 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
> > EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
> > SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
> > TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
> > ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
> > TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
> > APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
> > DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
> > REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
> > INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
> > TO YOU. In no event shall Apple's total liability to You for all
> > damages (other than as may be required by applicable law) under this
> > License exceed the amount of fifty dollars ($50.00).
> Is this OK? Probably, but I'm not clear.
Looks like a no warranty clause to me. I think it's ok.
> > 13.1 Government End Users. The Covered Code is a "commercial item" as
> > defined in FAR 2.101. Government software and technical data rights in
> > the Covered Code include only those rights customarily provided to the
> > public as defined in this License. This customary commercial license
> > in technical data and software is provided in accordance with FAR
> > 12.211 (Technical Data) and 12.212 (Computer Software) and, for
> > Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
> > Commercial Items) and 227.7202-3 (Rights in Commercial Computer
> > Software or Computer Software Documentation). Accordingly, all U.S.
> > Government End Users acquire Covered Code with only those rights set
> > forth herein.
> What the heck does this do?
FAR 12.211 basically means that the government doesn't have any more
rights to the contained data than any member of the public. 12.212 is
basically the same thing, but for computer software as opposed to data.
FAR 2.101 http://www.arnet.gov/far/current/html/Subpart_2_1.html
FAR 12.211,... http://www.arnet.gov/far/current/html/Subpart_12_2.html#1046504
The DFAR references seem to be similar in nature for military
procurement contexts, but I've not found cites.
> > Any law or
> > regulation which provides that the language of a contract shall be
> > construed against the drafter will not apply to this License.
> What the heck does this do? I don't like the look of it.
It means either (a) that the license is not a contract, or (b)
that the license is invalid.