Adequate disclaimer or not

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2 comments, last by Brain 13 years ago
I looked around at disclaimers in libraries and I found one that suited my actual requirements which isn't much, but I know that I cannot just distribute this without proper disclaimer since I have software that can be used freely, but not used in a product that is going to be sold without purchasing a license from them.

Disclaimer:

Name of software
Copyright (C) Year First Last or Company(email or website)

This software is provided 'as-is', without any express or implied warranty.
In no event will the authors be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose,
except commercial applications, and to alter it and redistribute it freely,
subject to the following restrictions:

1. The origin of this software must not be misrepresented;
you must not claim that you wrote the original software.
If you use this software in a product, an acknowledgment
in the product documentation would be appreciated but is not required.

2. Altered source versions must be plainly marked as such,
and must not be misrepresented as being the original software.

3. This notice may not be removed or altered from any source distribution.

In order to use this software in a commerical application you must:

1. Purchase a license from FMOD (http://www.fmod.org/) per requirements or
use an alternate audio library.

2. Purchase a license from RakNet (http://www.jenkinssoftware.com/index.html)
per requirements or use an alternate network library.
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You don't appear to have actually asked a question. Did you have one?
Dan Marchant - Business Development Consultant
www.obscure.co.uk
My bad, question. How does this disclaimer look it is adequate or does it need some revamping?
This appears to be a BSD license with commercial use clauses on it. The BSD license itself is an old license which has proven pretty reliable and legally watertight.
I am not a lawyer but this general style of license is widely used by many pieces of software. If you are unsure, you should consult a lawyer or someone else with proper legal experience.

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