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Re: Zend Optimizer License

Le jeudi 10 juillet 2008 à 15:06 -0500, Richard Laager a écrit :
> 7. Indemnity. Licensee will, at its own expense, defend any action
> brought by a third party against Zend to the extent that such action is
> based on a claim arising from or relating to: (a) Licensee's use of the
> Software, (ii) any distribution of the Software by Licensee or by any of
> or by any sub-licensee, regardless of privity of contract and regardless
> of the length of the trail of sublicenses, (iii) any claims based upon
> warranties, guarantees or representations made by Licensee or any of its
> employees, agents or sub-licensees; or (iv) any use of the Software by
> any of the foregoing sub-licensees. Zend shall have the exclusive right
> to control such defense. In no event shall Licensee settle any such
> claim, lawsuit or proceeding without Zend's prior written approval.

This is a lawyerbomb. By distributing the software, Debian and its
mirror network could be held liable for anything that people receiving
the software would be doing. I really don’t think we should distribute
such a thing.

> 10. Miscellaneous. This Agreement is made in and shall be governed by
> the laws of the State of Israel, excluding choice of law principles.
> Venue for all proceedings shall be Tel Aviv, Israel. Notwithstanding the
> foregoing, Zend shall have the right to apply to any court of competent
> jurisdiction for injunctive or other relief. The United Nations
> Convention for the International Sale of Goods shall not apply.

I’m not sure of the implications of this claim, but it is very
suspicious; Israel having ratified the Vienna convention, I don’t think
they can just say it will not apply. Of course that would make moot all
that comes before, since choice of law does not apply in this case.

: :' :      We are debian.org. Lower your prices, surrender your code.
`. `'       We will add your hardware and software distinctiveness to
  `-        our own. Resistance is futile.

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