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(.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))))
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