Re: Delphi Wiki, the EULA, and fail safe systems

From: TJC Support (jvsREMOVE_at_REMOVEtybeejet.com)
Date: 01/05/05 

Date: Tue, 4 Jan 2005 17:18:12 -0600

Sorry, I should have said "violate the spirit of the EULA". The way it's
written, first they say you can't do it, then they say "but if you do, we're
not responsible". So, yeah, the second half of it sure makes it sound like
it isn't prohibited, though the first half does. A bit confusing, but then
that's why they pay the lawyers the big bucks, to make it confusing. Or
maybe it's because the arrangement with the lawyers was so confusing that
they didn't know what they were getting into.... :^)

Van

"William Meyer" <wmeyerNO@SPAMsbcglobal.net> wrote in message
news:41db1f3a$1@newsgroups.borland.com...
> On 01/04/05, TJC Support said:
>
>> Now, if you wanted to use Delphi to run the avionics on the airplane,
>> then that would be a mission critical application, and would violate
>> the EULA.
>
> I think you'll find that it is still not a violation of the EULA, but
> that the EULA exempts Borland for liabilities incurred through use of
> the product in mission-critical applications. The critical difference
> being that I can choose to use Delphi to write such apps, but Borland
> is shielded from prosecution, and the liability is solely mine. In the
> U.S., at least, the other interpretation (violation of the EULA) might
> be construed as prior restraint of trade, and that's another can of
> worms.
>
> --
> Bill
> --------
>
> " They (American universities) do indeed cultivate diversity in race,
> skin color, ethnicity, sexual preference. In everything but thought."
> -- George Will

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