TIP: Click on subject to list as thread! ANSI
echo: nthelp
to: Adam Flinton
from: Rich
date: 2004-03-01 10:24:40
subject: Re: https://rhn.redhat.com/errata/RHSA-2004-051.html

From: "Rich" 

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   I see you removed the text under discussion.  Please comment on the =
following from your employer sun's EULA for its proprietary java = product.
 Maybe by explaining this we can see what you are spinning when = you touch
on the same from your employer's competitors.  Note in = particular that
your employer disclaims all responsibility for its = product including the
need to provide any fixes and even that it is = suitable for any purpose. 
Also note that unlike your earlier nonsense = claims, Sun does claim
copyright on this code for which it disclaims = responsibility.  You can't
even claim that they are just redistributing = someone else's code.


    3.  DISCLAIMER OF WARRANTY.  You acknowledge that Software
    may contain errors and is not designed or intended for use
    in on-line control of aircraft, air traffic, aircraft
    navigation or aircraft communications; or in the design,
    construction, operation or maintenance of any nuclear
    facility ("High Risk Activities"). Sun and its licensors
    disclaim any express or implied warranty of fitness for
    such uses.  You represent and warrants to Sun that it will
    not use, distribute or license the Software for High Risk
    Activities.  SOFTWARE IS PROVIDED "AS IS".  ALL EXPRESS OR
    IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
    INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
    FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
    DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE
    HELD TO BE LEGALLY INVALID.

    4.  LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED
    BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
    ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
    CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
    CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
    OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
    EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
    DAMAGES.  In no event will Sun's liability to you, whether
    in contract, tort (including negligence), or otherwise,
    exceed the amount paid by you for Software under this
    Agreement.  The foregoing limitations will apply even if
    the above stated warranty fails of its essential purpose.

Rich

  "Adam Flinton"  wrote in message =
news:009385.616631{at}harborwebs.com...
  > From: "Rich" 
  > This is a multi-part message in MIME format.
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  > If you want legal advice ask a lawyer.  Personally I think you are =
=3D
  > still being a clueless idiot or simply continuing your tradition as =
a =3D
  > propagandist.

  Nah I leave both those to you as you are obviously so naturally =
talented at
  them.


  > Maybe you can comment on the following from your employer Sun's EULA =
=3D
  > for java, you know, that proprietary product of your employer that =
you =3D
  > spin often.  My guess is that this is the kind of stuff you are =
trying =3D
  > to spin.

  More diversion Rich? You have yet to answer a single question. If in =
doubt
  divert & then if found out go for the ad hominem. If that doesn't work
  desperately keep diverting.=20

  As an example, what you quoted  doesn't change the fact that the MS =
EULA
  specifically excludes all responsibility. It doesn't change the fact =
that GAIM
  is not Linux.

  When you feel like dealing with facts & answering questions instead of
  dissembling, diverting & otherwise making like a gyroscope, let me =
know.

  Adam

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   I see you
removed the text =
under=20
discussion.  Please comment on the following from your employer =
sun's EULA=20
for its proprietary java product.  Maybe by explaining this we can
= see what=20
you are spinning when you touch on the same from your employer's=20
competitors.  Note in particular that your employer disclaims
all=20 responsibility for its product including the need to provide any
fixes = and even=20
that it is suitable for any purpose.  Also note that unlike your =
earlier=20
nonsense claims, Sun does claim copyright on this code for which it = disclaims=20
responsibility.  You can't even claim that they are just = redistributing=20
someone else's code.
 
 

    3.  DISCLAIMER OF WARRANTY.  You
acknowledge =
that=20
  Software  may contain errors and is not designed or intended =
for=20
  use  in on-line control of aircraft, air traffic, =
aircraft =20
  navigation or aircraft communications; or in the design, =20
  construction, operation or maintenance of any nuclear  =
facility=20
  ("High Risk Activities"). Sun and its
licensors  disclaim any =
express=20
  or implied warranty of fitness for  such uses.  You =
represent=20
  and warrants to Sun that it will  not use, distribute or =
license the=20
  Software for High Risk  Activities.  SOFTWARE IS PROVIDED "AS
IS".  ALL EXPRESS =

  OR  IMPLIED CONDITIONS, REPRESENTATIONS AND =
WARRANTIES, =20
  INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS  FOR A PARTICULAR PURPOSE OR =
NON-INFRINGEMENT=20
  ARE  DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE =
DISCLAIMERS=20
  ARE  HELD TO BE LEGALLY
INVALID.  4.  =
LIMITATION OF=20
  LIABILITY.  TO THE EXTENT NOT PROHIBITED  BY
LAW, IN NO =
EVENT=20
  WILL SUN OR ITS LICENSORS BE LIABLE FOR  ANY LOST REVENUE, =
PROFIT OR=20
  DATA, OR FOR SPECIAL, INDIRECT,  CONSEQUENTIAL, INCIDENTAL OR =

  PUNITIVE DAMAGES, HOWEVER  CAUSED REGARDLESS OF THE THEORY OF =

  LIABILITY, ARISING OUT  OF OR RELATED TO THE USE OF OR =
INABILITY TO=20
  USE SOFTWARE,  EVEN IF SUN HAS BEEN ADVISED OF THE =
POSSIBILITY OF=20
  SUCH  DAMAGES.  In no event will Sun's
liability to you, =

  whether  in contract, tort (including negligence), or=20
  otherwise,  exceed the amount paid by you for Software under=20
  this  Agreement.  The foregoing limitations
will apply =
even=20
  if  the above stated warranty fails of its essential=20
purpose.
 
Rich
 

  "Adam Flinton" <Adam.Flinton{at}harborwebs.commailto:Adam.Flinton{at}harborwebs.com">Adam.Flinton{at}harborwebs.com
A>>=20
  wrote in message news:009385.616631{at}harborwebs.=
com...>=20
  From: "Rich" <{at}>> This is a
multi-part message in MIME=20
  format.>
------=3D_NextPart_000_0316_01C3FDF9.0FBF1190>=20
  Content-Type: text/plain;>
charset=3D"iso-8859-1">=20
  Content-Transfer-Encoding: quoted-printable> If you want legal =
advice=20
  ask a lawyer.  Personally I think you are =3D>
still being =
a=20
  clueless idiot or simply continuing your tradition as a =3D>=20
  propagandist.Nah I leave both those to you as you are =
obviously so=20
  naturally talented
atthem.> Maybe you can
comment =
on the=20
  following from your employer Sun's EULA =3D> for java, you =
know, that=20
  proprietary product of your employer that you =3D> spin =
often.  My=20
  guess is that this is the kind of stuff you are trying =3D> to=20
  spin.More diversion Rich? You have yet to answer a single =
question. If=20
  in doubtdivert & then if found out go for the ad hominem. If =
that=20
  doesn't workdesperately keep diverting. As
an example, =
what you=20
  quoted  doesn't change the fact that the MS EULAspecifically =
excludes=20
  all responsibility. It doesn't change the fact that GAIMis not=20
  Linux.When you feel like dealing with facts &
answering =
questions=20
  instead ofdissembling, diverting & otherwise making like a =
gyroscope,=20
  let me
know.Adam

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