The text of SCO's "Linux license"

The text of SCO's "Linux license"

Posted Aug 6, 2003 21:23 UTC (Wed) by davidl (guest, #12156)
Parent article: The text of SCO's "Linux license"

"UNDER NO CIRCUMSTANCES WILL SCO OR ITS REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THOSE OF YOUR CUSTOMERS (INCLUDING BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE SCO PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH SCO MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO SCO FOR THE LICENSE OF THE SCO PRODUCT THAT DIRECTLY CAUSED THE DAMAGE."

This is in every single commercial software end-user licensing agreement from Microsoft to SCO. Where the hell is this 'we will indemnify you' crap that Microsoft and others having been playing up in all this? It seems you can pay for indemnification at the software vendor's choosing, but the above provides a get-out clause if the software company starts feeling the heat. EULA's are total and utter crap and guarantee nothing, and thanks to the GPL we are now seeing that.

Tell me, why should I buy this license again? Oh, right, yer, I'm not going to. Come on SCO, make my day. Sue me. Sue anybody actually. Get yourself a firm legal basis and people will pay for the license. The reason why it's being dragged out is that neither is going to happen, and I believe that SCO have a nice financial arrangement with Microsoft. I hope Gates and McBride don't slip up on their secret little meetings.

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