Waiver Of Liability, Release Assumption Of Risk & Indemnity: Fill & Download for Free

The license that allows you to use open source software will spell out the liability of the authors.As an example, from the GNU Public License v3.0:15. Disclaimer of Warranty.THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.16. Limitation of Liability.IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.17. Interpretation of Sections 15 and 16.If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.Quoted from: GNU General Public LicenseI don’t know of any license that allows a greater degree of liability than the above. Which makes sense, right? Why would I go to the bother of releasing software if it exposed me to liability? (I might be willing to take on liability if the contract terms were sufficiently lucrative and the damages were limited to what I was paid. More than that? Not interested.)

Generally, courts will rule contracts involving illegal acts are void and unenforceable although there may be a stray case or two out there which has ruled differently.More importantly, in the specific example you give, even if it were legal to buy and sell meth, the contract would still be voidable because the buyer is promising to refrain from doing something over which he has no control. The district attorney, judge (or sometimes the prosecutor) make the decision as to whether to charge someone with a crime. Only the proper legal authorities are empowered to provide someone with immunity from prosecution.While an individual can generally decide whether they really want to involve the authorities or press charges against another for a minor crime like theft of property, or even a more serious crime like aggravated assault (for example if the victim decides not to call the police), once the police are called, they usually decide whether an arrest should be made and presented to the prosecutor for a charge. It is no longer up to the victim - especially in cases involving bodily injury or death.In your scenario, and putting aside the fact that it is an illegal and therefore unenforceable contract, even if the meth buyer signed the waiver, it's not his call to decide whether there's been a murder - especially if he's dead. He won't be the one deciding anything!Plus, in almost every case involving a contract between two individuals, the obligations under the contract become null and void when one of the parties dies.Lastly, even assuming the contract is enforceable despite its illegality, AND assuming the buyer could waive a charge of murder, there would need to be much more detail in the contract about the risks of using the meth before a court would enforce a waiver. Waivers of liability can often be overcome and charges or lawsuits can still be filed if the contract does not contain very specific information about what exact things are being waived or, as they also sometimes referred to, what risks the buyer is “assuming” (known as assumption of risk contracts under the law). For example, say your going sky diving and you sign a release of liability which simply states “I won't due the skydiving company if I die.” Any plaintiff’s salt will be able to get past such general language and still recover damages if the sign or of the contract ends up dying.

Excellent question. Unfortunately, the answer is not so simple.Generally speaking, a company can have its customers execute a document releasing it from liability for negligence based upon the voluntary assumption of a known risk, providing the language is clear, comprehensible and conspicuous.As an example, a ski resort could have its customers sign or acknowledge a waiver acknowledging the customer is aware he/she is voluntarily assuming a known risk.However, it would be against public policy for a company to be allowed to allow its customers to release it from gross negligence or intentional conduct which causes harm.THIS COMMUNICATION CREATES NO ATTORNEY CLIENT PRIVILEGE OR RELATIONSHIP BUT IS FOR INFORMATION PURPOSES ONLY!!!!!!Shabbat shalom aleichem.