TIP: Click on subject to list as thread! ANSI
echo: nthelp
to: Adam Flinton
from: Rich
date: 2004-02-28 12:47:44
subject: Re: https://rhn.redhat.com/errata/RHSA-2004-051.html

From: "Rich" 

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   If you want legal advice ask a lawyer.  Personally I think you are =
still being a clueless idiot or simply continuing your tradition as a = propagandist.

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

  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:4040704d$1{at}w3.nls.net...
  Rich wrote:

  >    This is what he has been repeatedly saying.  According to adam=20
  > redhat, sun, and others that release software for which the =
copyright is=20
  > not owned by them have no responsibility at all.  Only the copyright =

  > holders have responsibility.  It's a stupid proposition but adam is=20
  > insistent.  Of course to make him look more the idiot he would like =
to=20
  > blame Microsoft for all vulnerabilities in software that runs on =
Windows=20
  > no matter who releases it and how.  Maybe this is sun's, adam's=20
  > employer's, official position.
  > =20

  Read the MS EULA Rich. MS disclaims any & all responsibilty for it's =
own=20
  products let alone 3'rd party ones.

  Is the MS EULA the MS official position? It would seem it is a legal=20
  document drawn up by MS lawyers.

  Adam
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   If you
want legal advice =
ask a=20
lawyer.  Personally I think you are still being a clueless idiot
or = simply=20
continuing your tradition as a propagandist.
 
   Maybe you
can comment on =
the following=20
from your employer Sun's EULA for java, you know, that proprietary = product of=20
your employer that you spin often.  My guess is that this is the =
kind of=20
stuff you are trying to spin.
 

  3.  DISCLAIMER OF =
WARRANTY.  You=20
  acknowledge that Softwaremay contain errors and is not designed or =

  intended for usein on-line control of aircraft, air traffic,=20
  aircraftnavigation or aircraft communications; or in the=20
  design,construction, operation or maintenance of any =
nuclearfacility=20
  ("High Risk Activities"). Sun and its licensorsdisclaim any =
express or=20
  implied warranty of fitness forsuch uses.  You represent and =
warrants=20
  to Sun that it willnot use, distribute or license the Software for =
High=20
  RiskActivities.  SOFTWARE IS PROVIDED "AS
IS".  ALL =
EXPRESS=20
  ORIMPLIED CONDITIONS, REPRESENTATIONS AND
WARRANTIES,INCLUDING =
ANY=20
  IMPLIED WARRANTY OF MERCHANTABILITY, FITNESSFOR A PARTICULAR =
PURPOSE OR=20
  NON-INFRINGEMENT AREDISCLAIMED, EXCEPT TO THE EXTENT THAT THESE=20
  DISCLAIMERS AREHELD TO BE LEGALLY INVALID.
   
  4.  LIMITATION OF =
LIABILITY.  TO THE=20
  EXTENT NOT PROHIBITEDBY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS =
BE=20
  LIABLE FORANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,=20
  INDIRECT,CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, =
HOWEVERCAUSED=20
  REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUTOF OR RELATED TO =
THE USE=20
  OF OR INABILITY TO USE SOFTWARE,EVEN IF SUN HAS BEEN ADVISED OF =
THE=20
  POSSIBILITY OF SUCHDAMAGES.  In no event will Sun's liability =
to you,=20
  whetherin contract, tort (including negligence), or =
otherwise,exceed=20
  the amount paid by you for Software under thisAgreement.  The =

  foregoing limitations will apply even ifthe above stated warranty =
fails of=20
  its essential purpose.
Rich
 

  "Adam Flinton" <adam_NO_{at}_SPAM_softfab.com=">mailto:adam_NO_{at}_SPAM_softfab.com">adam_NO_{at}_SPAM_softfab.com=
>=20
  wrote in message news:4040704d$1{at}w3.nls.net...Rich=20
  wrote:>    This is
what he has been =
repeatedly=20
  saying.  According to adam > redhat, sun, and
others that =
release=20
  software for which the copyright is > not owned by them have no =

  responsibility at all.  Only the copyright >
holders have=20
  responsibility.  It's a stupid proposition but adam is
>=20
  insistent.  Of course to make him look more the idiot he would =
like to=20
  > blame Microsoft for all vulnerabilities in software that runs =
on=20
  Windows > no matter who releases it and how. 
Maybe this =
is sun's,=20
  adam's > employer's, official
position.>  =
Read the=20
  MS EULA Rich. MS disclaims any & all responsibilty for it's own=20
  products let alone 3'rd party ones.Is the
MS EULA the MS =
official=20
  position? It would seem it is a legal document drawn up by MS=20
  lawyers.Adam

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