On 1/17/06, Alexander Terekhov <[EMAIL PROTECTED]> wrote: > On 17 Jan 2006 11:44:42 -0500, Michael Poole <[EMAIL PROTECTED]> wrote: > [...] > > Seriously, I'm just asking you to back that up instead of hand-waving. > > I refrain. Drop an email to http://www.mama-tech.com/. She claimed it.
Drop a note to miss Ms. Kattwinkel too. Don't hesitate to ask her whether she agrees with Moglen that an IP license (not a lottery permit or something like that) is "not a contract". http://norcal.gag.org/legalities/2005/legalities_no11.html ---- Q. In business contracts, I often see certain language put in all caps. I hate the way that looks aesthetically. What is the reason for this? When I prepare my own contracts, can I just use normal type instead? A. As in my example above, the all caps formatting is usually seen in connection with disclaimers of warranties or liabilities. Legally, certain types of warranties are implied into every contract unless they are explicitly disclaimed. Also, certain types of foreseeable but indirect liabilities can be incurred from breach of contract obligations. The parties to the contract can explicitly disclaim such warranties and liabilities, but court decisions have held that such contractual disclaimers are not effective unless they appear significantly more prominently than the rest of the text in the contract. The conventional way to comply with these decisions is to use all caps. Some contracts use all caps and boldface. Boldface alone may also be acceptable. In any event, it is very important NOT to put this type of language in the same style text as the rest of the contract language. Limitations on Liability provisions are especially important if you are working in website design. They give you protection against liability for lost functionality of the website. Typically, they include a cap on damages. Here is an example: Limitations on Liability. THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES, TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT'S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT TO DESIGNER HEREUNDER. IN NO EVENT SHALL DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE DELIVERABLES OR THE SERVICES PROVIDED HEREUNDER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ---- regards, alexander.
