I am not a lawyer, but my understanding is that the text of the MIT license is a potential defense to a suit, it does not prevent one. As in I try sue you, you say, "But did you read the license?" I do, talk to my lawyer, and still decide to sue you. You tell the judge, "But look at the license!" And then it is up to the judge to decide whether it matters.
Therefore the issue isn't the license, it is the rules of the law in question under which the author is being sued.
Therefore your intent can matter. Whether a valid contract exists matters. Whether I can be expected to have read it matters. THAT THE INDEMNITY IS WRITTEN IN ALL CAPS MATTERS. (I'm not making that up - see https://law.stackexchange.com/questions/18207/in-contracts-w... to see that it does matter.)
The result? The indemnity in the contract can say whatever it wants and still only provides partial protection. The real rules are complicated and elsewhere in the legal system.
Therefore the issue isn't the license, it is the rules of the law in question under which the author is being sued.
Therefore your intent can matter. Whether a valid contract exists matters. Whether I can be expected to have read it matters. THAT THE INDEMNITY IS WRITTEN IN ALL CAPS MATTERS. (I'm not making that up - see https://law.stackexchange.com/questions/18207/in-contracts-w... to see that it does matter.)
The result? The indemnity in the contract can say whatever it wants and still only provides partial protection. The real rules are complicated and elsewhere in the legal system.