> - The user agrees to indemnify and hold Wilhelmsen Studios harmless from and against all the risks arising out of the use of the Software.
>
> Um, HELL NO. I'm not indemnifying you just to play a game. Especially with the "you can modify it at any time any way you want" clause below.
Aren't we indemnifying most open source software authors in the same way? For example the MIT license says "IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY [...]"
> - Wilhelmsen Studios will offer the user no warranty on any issue arising out of the use of the “STEAM” service, and give no support thereto.
>
> So if Steam pulls the game two days after my purchase, it's my problem not yours?
I think that very rarely happens. But since you brought it from Steam and not from the game studio, then it's mainly Steam's problem to either deliver the game or reimburse you.
> Aren't we indemnifying most open source software authors in the same way?
No.
> For example the MIT license says "IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY
That’s a disclaimer, not an indemnity clause. They aren't the same thing.
A disclaimer (to the extent legally permitted) means that the party accepting it waives certain claims against the party disclaiming liability, and indemnity clause means the partt accepting it agrees to pay liabilities that the party demanding the indemnity might be found to have to third parties within the scope of the clause.
Aren't we indemnifying most open source software authors in the same way? For example the MIT license says "IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY [...]"
> - Wilhelmsen Studios will offer the user no warranty on any issue arising out of the use of the “STEAM” service, and give no support thereto. > > So if Steam pulls the game two days after my purchase, it's my problem not yours?
I think that very rarely happens. But since you brought it from Steam and not from the game studio, then it's mainly Steam's problem to either deliver the game or reimburse you.