[OSM-talk-be] AGIV CRAB not usable in OSM!

[Kurt Roeckx]

On Thu, May 30, 2013 at 10:39:44AM +0200, Ben Abelshausen wrote:
> Hi Again,
> 
> Friday last week someone from AGIV called me to have a talk about the
> licence for CRAB and they will not change theirs for now. I also explained
> why we could not, similar to a commercial map provider, just add a
> disclaimer to our data. That is actually their only demand.

Do you know the text of the disclaimer they want?

The ODBL itself has this disclaimer in it:
7.0 Warranties and Disclaimer

7.1 The Database is licensed by the Licensor "as is" and without
any warranty of any kind, either express, implied, or arising by
statute, custom, course of dealing, or trade usage. Licensor
specifically disclaims any and all implied warranties or
conditions of title, non-infringement, accuracy or completeness,
the presence or absence of errors, fitness for a particular
purpose, merchantability, or otherwise. Some jurisdictions do not
allow the exclusion of implied warranties, so this exclusion may
not apply to You.

8.0 Limitation of liability

8.1 Subject to any liability that may not be excluded or limited
by law, the Licensor is not liable for, and expressly excludes,
all liability for loss or damage however and whenever caused to
anyone by any use under this License, whether by You or by anyone
else, and whether caused by any fault on the part of the Licensor
or not. This exclusion of liability includes, but is not limited
to, any special, incidental, consequential, punitive, or exemplary
damages such as loss of revenue, data, anticipated profits, and
lost business. This exclusion applies even if the Licensor has
been advised of the possibility of such damages.

8.2 If liability may not be excluded by law, it is limited to
actual and direct financial loss to the extent it is caused by
proved negligence on the part of the Licensor.


The part that is under CC-BY-SA has:
5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT
DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY
APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY
LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE
WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.