diff options
Diffstat (limited to 'stdlib/source/program/licentia/license/liability.lux')
| -rw-r--r-- | stdlib/source/program/licentia/license/liability.lux | 160 |
1 files changed, 0 insertions, 160 deletions
diff --git a/stdlib/source/program/licentia/license/liability.lux b/stdlib/source/program/licentia/license/liability.lux deleted file mode 100644 index 51b98ad40..000000000 --- a/stdlib/source/program/licentia/license/liability.lux +++ /dev/null @@ -1,160 +0,0 @@ -(.module: - [lux #* - [data - ["." text - ["%" format (#+ format)]]]] - [// - ["_" term] - [// - ["$" document]]]) - -(def: warranty-communications - (List Text) - (list "expressed" - "implied" - "statutory")) - -(def: work-disclamers - (List Text) - (list "free of defects" - "merchantable" - "fit for a particular purpose" - "non-infringing")) - -(def: fixes - (List Text) - (list "servicing" - "repair" - "correction")) - -(def: #export warranty - (let [on-basics (let [applicability-escape "Unless required by applicable law or agreed to in writing" - work-provisioning (format _.licensor - " provides " _.work - ", and each " _.contributor - " provides its " ($.plural _.contribution))] - (format applicability-escape ", " - work-provisioning - " under " _.license - " on an " ($.quote "as is") - " basis, without warranty or condition of any kind, either " ($.or warranty-communications) - " including, without limitation, any warranties or conditions that " _.work - " is " ($.or work-disclamers))) - on-distribution (format _.recipient - " is solely responsible for determining the appropriateness of using or redistributing " _.work) - on-risk (format "The entire risk as to the quality and performance of " _.work - " is with " _.recipient) - on-fixes (format "Should " _.work - " prove defective in any respect, " _.recipient - ", not any " _.contributor - ", assumes the cost of any necessary " ($.or fixes)) - on-importance (format "This disclaimer of warranty constitutes an essential part of "_.license) - on-authorization (format "No use of "_.work - " is authorized under " _.license - " except under this disclaimer")] - ($.paragraph (list on-basics - on-distribution - on-risk - on-fixes - on-importance - on-authorization)))) - -(def: damage-types - (List Text) - (list "direct" - "indirect" - "special" - "incidental" - "consequential")) - -(def: damage-consequences - (List Text) - (list "lost profits" - "loss of goodwill" - "work stoppage" - "computer failure or malfunction" - "any and all other commercial damages or losses")) - -(def: #export limitation - (let [on-limit (let [exclusion "Under no circumstances and under no legal theory" - examples "whether tort (including negligence), contract, or otherwise" - applicable-law-exception "unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing" - renunciation (format "shall any " _.contributor - " be liable to " _.recipient) - damage-enumeration (format "for any " ($.or damage-types) " damages of any character" - " including without limitation damages for " ($.or damage-consequences)) - conscience "even if such party shall have been informed of the possibility of such damages"] - (format exclusion ", " examples ", " applicable-law-exception ", " renunciation " " damage-enumeration ", " conscience)) - on-death-exception "This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation" - on-jurisdictions (format "Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to " _.recipient)] - ($.paragraph (list on-limit - on-death-exception - on-jurisdictions)))) - -(def: #export litigation - (let [on-jurisdiction (format "Any litigation relating to " _.license " may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business") - on-laws "Such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions" - on-claims "Nothing in this section shall prevent a party’s ability to bring cross-claims or counter-claims"] - ($.paragraph (list on-jurisdiction - on-laws - on-claims)))) - -(def: liability-obligations - (List Text) - (list "support" - "warranty" - "indemnity" - "other liability obligations" - (format "rights consistent with " _.license))) - -(def: #export can-accept - (let [on-acceptance-of-liability (let [condition (format "While redistributing " _.work " or " ($.plural _.extension) " thereof") - right (format _.recipient " may choose to offer, and charge a fee for, acceptance of " ($.and/or ..liability-obligations))] - (format condition ", " right)) - on-responsibility (let [but "However, in accepting such obligations" - cannot-represent-a-contributor (format _.recipient " may not act on behalf of any other " _.contributor) - can-only-represent-oneself (format "only on behalf and on sole responsibility of " _.recipient) - each-contributor (: (-> Text Text) - (function (_ responsibility) - (format responsibility " each " _.contributor))) - responsibilities (: (List Text) - (list (each-contributor "indemnify") - (each-contributor "defend") - (format (each-contributor "hold") " harmless"))) - full-responsibility-condition (format "and only if " _.recipient - " agrees to " ($.and responsibilities) - " for any liability incurred by, or claims asserted against, such " _.contributor - " by reason of acceptance of any such warranty or additional liability by " _.recipient)] - (format but ", " cannot-represent-a-contributor ", " can-only-represent-oneself ", " full-responsibility-condition))] - ($.paragraph (list on-acceptance-of-liability - on-responsibility)))) - -(def: #export disclaim-high-risk - (let [on-work (let [intentions (: (List Text) - (list "designed" - "manufactured" - "intended for use or distribution")) - hazardous-environments (: (List Text) - (list "nuclear facilities" - "aircraft navigation" - "communications systems" - "air traffic control" - "direct life support machines" - "weapons systems")) - consequences (: (List Text) - (list "death" - "personal injury" - "severe physical damage" - "environmental damage")) - disclaim (format _.work " is not fault tolerant" - ", and is not " ($.or intentions) - " as on-line control equipment in hazardous environments requiring fail-safe performance") - examples (format "such as in the operation of " ($.or hazardous-environments)) - further (format "in which the failure of " _.work " could lead directly to " ($.or consequences))] - (format disclaim ", " examples ", " further)) - on-contributors (let [claim "any express or implied warranty of fitness for high risk activities"] - (format _.licensor - " and every " _.contributor - " specifically disclaim " claim))] - ($.paragraph (list on-work - on-contributors)))) |