To Indemnify or Not to Indemnify!

The one the judge thinks he understands.

Cheers

Phil Hobbs

It says right there in plain English:

1. Governing Law.

This agreement will be governed by and construed in accordance with the sub stantive laws in force: (a) in the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official la nguages are written in either an ideographic script (e.g., Hanzi, Kanji, or Hanja), and/or other script based upon or similar in structure to an ideog raphic script, such as Hangul or Kana; or (c) in England, if a license to t he Software is obtained when you are in any other jurisdiction not describe d above. The respective courts of Santa Clara County, California when Calif ornia law applies, Tokyo District Court in Japan, when Japanese law applies , and the competent courts of England, when the law of England applies, sha ll each have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded .

Basically, contract law is in English and only that language is acceptable and enforceable.

Do you know any judges that _think_?

In 'international' law, French has been considered the more precise and unambiguous language.

Most contracts will indicate under which jurisdiction it is intended to be enforced, by chapter and verse. ....................... A multilingual contract is just that and is considered locally in the language of the court. Normally this is within the chartered jurisdiction of the court, under appropriate law, for alleged infractions occuring within that jurisdiction; without regard for the language in which an infraction was alleged to have been committed. Any translation is at the discretion of the court under it's charter.

All EULA are the same.

We own everything. You own nothing. If you peek at our source code you go to jail. If we sens all your data to hackers that is OK. If we wipe out all your data that is OK. If we damage your hardware that is OK. We will require more money in the future. You shall upgrade when prompted or we are not liable. If the upgrade damages your data or hardware, that is OK. If the software or upgrade allows fraud costing you money, that is OK. If our software causes death or injury, that is OK.

Sounds like M$.