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Re: Zend Optimizer License

On Thu, 2008-07-10 at 22:36 +0200, Josselin Mouette wrote:
> 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.

Indeed. I've dropped an e-mail to Zend (by way of their web form) asking
if this clause could be removed, but I doubt that'll happen.

Thanks for pointing this out.


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