Re: Fwd Question: Disclaimer?

Subject: Re: Fwd Question: Disclaimer?
From: David Neeley <dbneeley -at- gmail -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Thu, 2 Jun 2005 22:49:11 -0500


While there are many different kinds of disclaimers, the text copied
here is not particularly helpful and is certainly not good style.

So far as I am aware, all the U.S. States have in their laws what is
called the Uniform Commercial Code that governs many kinds of business
transactions. Under the UCC, a standard disclaimer would include the
exclusion of warranties of fitness for purpose or merchantability, and
damages would be specifically limited to replacement of any defective
software or a refund of its cost, at the option of the publisher.

That is, the software publisher would be saying that they don't
guarantee that the software will do what it is purchased to do or even
what it is advertised to do, while limiting claims of damage to fixing
things or to, at most, the costs paid for the software originally.

However, I can tell you with very good authority that there are no
"standard" disclaimers in any sort of word-for-word boilerplate.
Simply pick up the EULA for any software you happen to have on hand
and you will see many variations.

David

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References:
Fwd Question: Disclaimer?: From: Anonymous Poster

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