User Agreement Question

I’m confused exactly as to what this section of the user agreement is stating? Sounds kinda scary. Could someone please shed some light on this section? I’m sure this is extreme, but someone could interpret this as a warning against subliminal software or something, I don’t know… please explain?

  1. User warning and indemnification

WARNING: use of the Software and use of any works that are (partially)
created with the Software (the “Works”) may cause physical or
psychological reactions from You or from third parties, which may result
in damages, injuries, losses and/or other negative consequences. You
acknowledge that BF can not be held liable for any such damages,
injuries, losses and/or other negative consequences. You acknowledge
that it is your obligation to investigate, prevent and/or minimize such
reactions prior to having third parties use the Works.

You shall indemnify and hold harmless BF from and against all actions,
claims, demands, proceedings, losses, damages, costs, charges and
expenses, including but not limited to legal fees and expenses, arising
out of or in connection with (i) the use of the Software by You and (ii)
the use of any Works created with the Software by You or any third
parties.

:eek:???

It means that if you create something that offends others, the Blender Foundation is not responsible for the consequences.

And maybe for someone who plays a blender game, goes to school, and kill all his classmates.

who would be stupid enuf to do that?:confused:

Actually I suspect this is more about creating an animated effect that cause seizures, heart arithemias(spell?) and other such medical problems. Remeber the incident with the Japanesse cartoon a few years back.

I think jestmart has it right. Certain light strobe effects can trigger epileptic seizures. And, of course, these days some people will sue over almost anything. BF is just trying to avoid any of that splashing on them.

Also if you were, for instance, to create a 3d model of your school and use it to plan your killing path (columbine/VT (oh…) style) through the classes, the victim’s families might try to sue BA because they “helped” you. This says that you agree to not blame it on them, and that they won’t be sued in such a case.

Somebody read the User Agreement?

You should.
http://blenderartists.org/forum/showthread.php?t=84307
http://blenderartists.org/forum/showthread.php?t=74251

What the lawyers are really thinking about when they write that, though, is that if you decide to use Blender in your $25 million production, and then two weeks before you’re supposed to deliver the final print Blender decides to not work at all, you’re screwed. The BF is not responsible for your loss.

Lest you think that this is unique to Blender, be assured that it is not. All license agreements, whether FOSS or commercial/proprietary have a clause limiting their liability to the no more than the purchase price of the software itself, and guarantee no suitability for any purpose.

Also, if you use Blender to model a trademarked or proprietary item and the holder suffers damages because of your model, BF is not liable. Blender is just a tool, like a hammer. If you use it to kill someone, the manufacturer is not liable, and you as the user agree to not point the finger at them or try to say “it was Blender’s fault”.