Gez
Why don't I have a custom title by now?!
Posts: 9141
Registered: 07-07 |
More precisely:
ADDITIONAL TERMS APPLICABLE TO THE Doom 3 BFG Edition GPL Source Code.
The following additional terms ("Additional Terms") supplement and modify
the GNU General Public License, Version 3 ("GPL") applicable to the Doom 3
BFG Edition GPL Source Code ("Doom 3 BFG Edition Source Code"). In addition
to the terms and conditions of the GPL, the Doom 3 BFG Edition Source Code is
subject to the further restrictions below.
1. Replacement of Section 15. Section 15 of the GPL shall be deleted in its
entirety and replaced with the following:
"15. Disclaimer of Warranty.
THE PROGRAM IS PROVIDED WITHOUT ANY WARRANTIES, WHETHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, TITLE AND MERCHANTABILITY. THE PROGRAM IS BEING
DELIVERED OR MADE AVAILABLE "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTY OR
REPRESENTATION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION."
2. Replacement of Section 16. Section 16 of the GPL shall be deleted in its
entirety and replaced with the following:
"16. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL ANY COPYRIGHT HOLDER OR ITS AFFILIATES, OR ANY
OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, FOR ANY
DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, OUT OF OR IN
CONNECTION WITH THE USE OR INABILITY TO USE THE PROGRAM OR OTHER DEALINGS WITH
THE PROGRAM(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), WHETHER OR NOT ANY COPYRIGHT
HOLDER OR SUCH OTHER PARTY RECEIVES NOTICE OF ANY SUCH DAMAGES AND WHETHER
OR NOT SUCH DAMAGES COULD HAVE BEEN FORESEEN."
3. LEGAL NOTICES; NO TRADEMARK LICENSE; ORIGIN. You must reproduce faithfully
all trademark, copyright and other proprietary and legal notices on any copies
of the Program or any other required author attributions. This license does
not grant you rights to use any copyright holder or any other party’s name,
logo, or trademarks. Neither the name of the copyright holder or its
affiliates, or any other party who modifies and/or conveys the Program may be
used to endorse or promote products derived from this software without
specific prior written permission. The origin of the Program must not be
misrepresented; you must not claim that you wrote the original Program.
Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original Program.
4. INDEMNIFICATION. IF YOU CONVEY A COVERED WORK AND AGREE WITH ANY RECIPIENT
OF THAT COVERED WORK THAT YOU WILL ASSUME ANY LIABILITY FOR THAT COVERED WORK,
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER LICENSORS
AND AUTHORS OF THAT COVERED WORK FOR ANY DAMAEGS, DEMANDS, CLAIMS, LOSSES,
CAUSES OF ACTION, LAWSUITS, JUDGMENTS EXPENSES (INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEYS' FEES AND EXPENSES) OR ANY OTHER LIABLITY ARISING FROM,
RELATED TO OR IN CONNECTION WITH YOUR ASSUMPTIONS OF LIABILITY.
Comparing the 15 and 16, we see this:
(Removed sections stricken, added sections in italics between brackets)
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM [IS PROVIDED] "AS IS" WITHOUT [ANY] WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO [WITHOUT LIMITATION],
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE [, NON-INFRINGEMENT, TITLE AND MERCHANTABILITY. THE PROGRAM IS BEING DELIVERED OR MADE AVAILABLE "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTY OR REPRESENTATION]. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL [UNDER NO CIRCUMSTANCES SHALL] ANY COPYRIGHT HOLDER [OR ITS AFFILIATES], OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU [WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,] FOR [ANY] DAMAGES [ OR OTHER LIABILITY], INCLUDING ANY
GENERAL, [DIRECT, INDIRECT,] SPECIAL, INCIDENTAL OR CONSEQUENTIAL [OR PUNITIVE] DAMAGES ARISING [FROM,] OUT OF [OR IN CONNECTION WITH] THE
USE OR INABILITY TO USE THE PROGRAM [OR OTHER DEALINGS WITH
THE PROGRAM] (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES [WHETHER OR NOT ANY COPYRIGHT
HOLDER OR SUCH OTHER PARTY RECEIVES NOTICE OF ANY SUCH DAMAGES AND WHETHER
OR NOT SUCH DAMAGES COULD HAVE BEEN FORESEEN].
To my non-lawyerly eyes, these changes seem to be of the "we're covering our asses even more" variety. Removing any mention of applicable laws that could contradict their disclaimers, and adding a bunch more situations that could possibly be theorized to exist in which ZeniMax's legal team would have to earn their keep to the list of things that are disclaimed.
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12-21-12 17:34 
