Can we include an Indemnity clause in an Open license?

Open Definition
1

Hi,

Can we include an Indemnity clause that indemnifies data source agencies from losses and liabilities resulting from misuse of the data sets from the user-- does it hinder the license from being regarded as “open license”?

-Aly

2

A Disclaimer of Warranties and a Limitation of Liability is a feature of Creative Commons Attribution 4.0 which is recognised as an Open Licence - see section 5 of Creative Commons — Attribution 4.0 International — CC BY 4.0

1 Like
3

Thanks Andrew!

Just to clarify further, I am trying to write an Indemnity clause in addition to a Limitation of Liability clause. This is to indemnify the data source agency against all losses, expenses suffered by the agency arising from the user’s violation of the rights of another person, any derived analysis from the application/results developed from the data etc.

Is this ok for an Open License?

4

HI Aly,

Assuming the license permits the required permissions and the Indemnity and Limitation of Liability clauses do not limit, make uncertain or otherwise diminish those those permissions, then it should be fine. There is no requirement to take on liability or to indemnify the consumer of the data.

Herb

5

Hi Herb,

Thanks for the response! But I am confused why you said “indemnify the consumer” as we are actually trying to indemnify the government. Can you enlighten me?