Subject Re: [IB-Architect] License.txt
Author Jason Wharton
That's enough to give me a headache reading it....

How about the Trustware License: (conceptually)

As long as you want my product and some of you are willing and able to spare
some of your profits to fund it, I'll bust my butt to make sure that it is
the best product on earth to meet the needs at hand. Here's the full source
so that you will have complete confidence that if needed you could resolve
any problems encountered. Here's where a very large and thriving community
can be tapped into for all kinds of support and assistance should you need
it. Oh ya, none of you can take me to the cleaners for any damages nor can
you steal it and call it your own...

Probably wouldn't work for an Enterprise-Level operation but I think it sure
works well for the rest of us...

Now, back to the regularly scheduled discussion of the architecture of
InterBase...

FWIW,
Jason Wharton
CPS - Mesa AZ
http://www.ibobjects.com


----- Original Message -----
From: "Claudio Valderrama C." <cvalde@...>
To: <ibdi@egroups.com>
Cc: <ib-architect@egroups.com>
Sent: Thursday, January 11, 2001 7:29 PM
Subject: [IB-Architect] License.txt


> This doco comes in the IB6's main dir; here's an excerpt:
> **********
> 7. DISCLAIMER OF WARRANTY.
> COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
> WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
> LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
> MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
> RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
> SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL
> DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
> SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN
> ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
> HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
> 8. TERMINATION.
> 8.1. This License and the rights granted hereunder will terminate
> automatically if You fail to comply with terms herein and fail to cure
such
> breach within 30 days of becoming aware of the breach. All sublicenses to
> the Covered Code which are properly granted shall survive any termination
of
> this License. Provisions which, by their nature, must remain in effect
> beyond the termination of this License shall survive.
> **********
>
> So, what warranty could be void, please? In the case of the current IB6,
> simply NONE. So, let's take a peek at license.txt from IB5.6:
> **********
> LIMITED WARRANTY AND LIMITATION OF LIABILITY
> InterBase warrants that the Software, as
> updated and when properly used, will perform
> substantially in accordance with its
> accompanying documentation, and the Software
> media will be free from defects in materials
> and workmanship, for a period of ninety (90)
> days from the date of receipt. Any implied
> warranties on the Software are limited to
> ninety (90) days. Some states or
> jurisdictions do not allow limitations on
> duration of an implied warranty, so the above
> limitation may not apply to you.
>
> InterBase's and its suppliers' entire
> liability and your exclusive remedy shall be,
> at InterBase's option, either (a) return of
> the price paid, or (b) repair or replacement
> of the Software that does not meet the
> Limited Warranty and which is returned to
> InterBase with a copy of your receipt. DO NOT
> RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE
> INTERBASE CUSTOMER SERVICE DEPARTMENT AND
> OBTAINED A RETURN AUTHORIZATION NUMBER. This
> Limited Warranty is void if Software fails as
> a result of accident, abuse, or
> misapplication. Any replacement Software
> will be warranted for the remainder of the
> original warranty period or thirty (30) days,
> whichever is longer. Outside the United
> States, neither these remedies nor any
> product support services offered by InterBase
> are available without proof of purchase from
> an authorized non-U.S. source.
> **********
> In other words, for people that have been using IB4 and IB5 for some
months
> (probably most of clients), the license has expired already. So, again,
> what's license?
> I know IB-architect is off-topic to discuss this, hence I used IBDI and
> only CC'ed the former for only one time. At least I won't push this
anymore
> in IB-Architect. The threaten "any other patch will void the warranty"
seems
> more like typical PR regarding IB in the last 9 years: 90% bullshit.
> You should decide whether the IBPhoenix or the Borland patch is better for
> you, based on what those patches do to your binaries (technical
> implications) rather than based on legal implications, as you can see.
Some
> of my clients that acquired IB4 three years ago (and are still using it)
> wouldn't be much concerned to void a license that died in a natural way 3
> months after they acquired the product.
>
> C.
> ---------
> Claudio Valderrama C.
> Ingeniero en Informática - Consultor independiente
> http://www.cvalde.com
>
>
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>