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.
- From: Andrew Suffield <email@example.com>