Difference between revisions of "HPSDRwiki:General disclaimer"

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The HPSDR project works under the two license structures. The [http://www.gnu.org/copyleft/gpl.html GPL] for software or the TAPR [http://www.tapr.org/ohl.html OHL] and [http://www.tapr.org/NCL NCL] for hardware.
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The HPSDR project works under three license structures. The [http://www.gnu.org/copyleft/gpl.html GPL] for software, the TAPR [http://www.tapr.org/ohl.html OHL] and [http://www.tapr.org/NCL NCL] for hardware, and the [http://creativecommons.org/licenses/by-sa/3.0/ Creative Commons Attribution-Share Alike 3.0] for this wiki.
  
 
You should check the license details if unsure.  Software distrubutions often have file named 'Copying' with the license inside; hardware will have license details with the documentation or sometimes printed on the product.
 
You should check the license details if unsure.  Software distrubutions often have file named 'Copying' with the license inside; hardware will have license details with the documentation or sometimes printed on the product.
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<blockquote>"7.1  THE DOCUMENTATION IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, ARE HEREBY EXPRESSLY DISCLAIMED.</blockquote><blockquote>7.2  IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS, INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE
 
<blockquote>"7.1  THE DOCUMENTATION IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, ARE HEREBY EXPRESSLY DISCLAIMED.</blockquote><blockquote>7.2  IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS, INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE
 
POSSIBILITY OF SUCH DAMAGES.</blockquote><blockquote>7.3  You agree that the foregoing limitations are reasonable due to the non-financial nature of the transaction represented by this Agreement, and acknowledge that were it not for these limitations, the Licensor(s) would not be willing to make the Documentation available to you.</blockquote><blockquote>7.4  You agree to defend, indemnify, and hold each Licensor harmless from any claim brought by a third party alleging any defect in the design, manufacture, or operation of any Product which you make, have made, or distribute pursuant to this Agreement."</blockquote>
 
POSSIBILITY OF SUCH DAMAGES.</blockquote><blockquote>7.3  You agree that the foregoing limitations are reasonable due to the non-financial nature of the transaction represented by this Agreement, and acknowledge that were it not for these limitations, the Licensor(s) would not be willing to make the Documentation available to you.</blockquote><blockquote>7.4  You agree to defend, indemnify, and hold each Licensor harmless from any claim brought by a third party alleging any defect in the design, manufacture, or operation of any Product which you make, have made, or distribute pursuant to this Agreement."</blockquote>
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The disclaimer from the Creative Commons Attribution-Share Alike license
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<blockquote>"5. Representations, Warranties and Disclaimer. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, 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."</blockquote>
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[[Category:Community]]
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[[Category:Categories]]

Latest revision as of 23:37, 29 January 2010

The HPSDR project works under three license structures. The GPL for software, the TAPR OHL and NCL for hardware, and the Creative Commons Attribution-Share Alike 3.0 for this wiki.

You should check the license details if unsure. Software distrubutions often have file named 'Copying' with the license inside; hardware will have license details with the documentation or sometimes printed on the product.

The disclaimer from the GPL:

"15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES."

The disclaimer from the OHL and NCL:

"7.1 THE DOCUMENTATION IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, ARE HEREBY EXPRESSLY DISCLAIMED.
7.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DOCUMENTATION OR PRODUCTS, INCLUDING BUT NOT LIMITED TO CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR LOSS OF DATA, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 You agree that the foregoing limitations are reasonable due to the non-financial nature of the transaction represented by this Agreement, and acknowledge that were it not for these limitations, the Licensor(s) would not be willing to make the Documentation available to you.
7.4 You agree to defend, indemnify, and hold each Licensor harmless from any claim brought by a third party alleging any defect in the design, manufacture, or operation of any Product which you make, have made, or distribute pursuant to this Agreement."

The disclaimer from the Creative Commons Attribution-Share Alike license

"5. Representations, Warranties and Disclaimer. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, 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."