Derek Martin writes:
> Tort law is tort law. What's the difference? If Microsoft's products (or
> any other software company's, for that matter) cause you to lose
> time/money/resources, why can't they be held accountable? It just doesn't
> make any sense.
IANAL, but the last time I actually read a shrink-wrap license
carefully, I recall reading that by agreeing to this license, I gave
up that right.
Actually, here's the relevant section from Microsoft's EULA:
: LIMITED WARRANTY
: NO WARRANTIES. Microsoft expressly disclaims any
: warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any
: related documentation is provided "as is" without warranty or
: condition of any kind, either express or implied, including, without
: limitation, the implied warranties or conditions of merchantability,
: fitness for a particular purpose, or noninfringement. The entire risk
: arising out of use or performance of the SOFTWARE PRODUCT remains with
: you.
: NO LIABILITY FOR DAMAGES. In no event shall Microsoft or its
: suppliers be liable for any damages whatsoever (including, without
: limitation, damages for loss of business profits, business
: interruption, loss of business information, or any other pecuniary
: loss) arising out of the use of or inability to use this Microsoft
: product, even if Microsoft has been advised of the possibility of such
: damages. Because some states/jurisdictions do not allow the exclusion
: or limitation of liability for consequential or incidental damages,
: the above limitation may not apply to you.
I doubt that you'll find a mass-produced software product out on the
market without a similar license agreement.
Given the current state of software development, coupled with our
current legal environment, an organization would be taking a big risk
in releasing a software product with any other kind of license.
--kevin
--
Kevin D. Clark | |
[EMAIL PROTECTED] | [EMAIL PROTECTED] | Give me a decent UNIX
Enterasys Networks | PGP Key Available | and I can move the world
Durham, N.H. (USA) | |
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