[Openstreetmap] Disclaimers on rights of way?
openstreetmap-L at gj0.net
Tue Dec 6 13:07:37 GMT 2005
The Creative Commons license already includes a warranty disclaimer and a
limitation of liability. IANAL but trying to add additional disclaimers
might well mean a) that OSM would not be licensed under a standard CC
license and b) could actually weaken the existing disclaimer (I believe that
legally it is sometimes better to say less than more).
Below is a copy of the relevant sections of the CC (by-sa) license which
seem absolute and comprehensive to me.
It might be sensible to have a notice somewhere referring the user to these
clauses in the CC license, but care should be taken not to try to modify or
qualify the CC license.
In any case I'd say seek professional advice before doing anything that
might mess with the CC license.
Etienne (I am an OsMaholic)
*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.
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