Dennis W. Manasco wrote: [snip]>
So what happens if a principal makes a decision that causes loss of income for a litigating class?
i.e.: What if the principal was one of those who made the decision to institute a "tethered" copy-protection scheme that, during the implosion of the business, caused numerous customers to lose a significant portion of their livelihood?
I'd really like to see a good liability lawyer analyze this scenario, perhaps with the help of an experienced class-action attorney....
The license you agree to when you use the software (even the pre-tethered versions) states pretty clearly that the company is NOT responsible for any loss of income, nor is the product guaranteed to work at all for any purpose.
I put my hands on the version 3 license really easily, and I am pretty certain these sections haven't changed much over the different versions:
[quote]Neither CODA nor anyone else involved in the creation, production, licensing or delivery of the SOFTWARE and documentation materials shall be liable for any indirect, incidental, consequential, or special damages (including damages for lost profits or the like) resulting from breach of warranty or any type of claim arising from the use or inability to use the SOFTWARE, even if CODA has been advised of the possibility of such damages. In any event, CODA's responsibility for direct damages is never more than the purchase price and license fee you paid for the FINALE package. [endquote] [statement about how some states don't limit such damages.]
[quote in bold capitals:] except as expressly provided above, Coda Music Technology makes no warranties regarding the software, documentation materials, or media, either express or implied, included but not limited to warranties of merchantability and fitness for a particular purpose.[endquote]
These clauses are in practically every license I have ever seen for any software applications I have ever purchased in almost 20 years of using a computer. By using the software you have agreed that the publisher can't be held liable for any loss of income due to an inability to use their program.
It would be a very high-powered, very expensive lawyer who might try to crack that license agreement which you have agreed to since you began using Finale.
It would be worth a try, but unfortunately my pockets don't go deep enough to start the ball rolling.
-- David H. Bailey [EMAIL PROTECTED] _______________________________________________ Finale mailing list [email protected] http://lists.shsu.edu/mailman/listinfo/finale
