Path: utzoo!attcan!uunet!tut.cis.ohio-state.edu!snorkelwacker!bloom-beacon!SABER.COM!jimf
From: jimf@SABER.COM
Newsgroups: comp.windows.x
Subject: Re: Motif -> Open Look look & feel
Message-ID: <9007061606.AA10534@lance>
Date: 6 Jul 90 16:06:32 GMT
Sender: daemon@athena.mit.edu (Mr Background)
Organization: The Internet
Lines: 82

|People who advocate free software have NO idea how critical
|quality is!

This is a sweeping generalization which is not true since a good many
people who supply free software also supply commercial software.

|GNU emacs, from a company's
|perspective is NOT a viable answer; as good as it is for hackers. When I
|get a tape from FSF, it comes with NO guarantees.  Well, that is the whole
|point; a company wants packages which come with guarantees.

Ok, we have several commercial software packages here.  I found the
license agreements to two of them:

Sun Microsystems TOPS:

-- cut here --
TOPS warrants to the original licensee only that the Software shall
operate substantially in accordance with the description Provided in
the accompanying Documentation. [...]

IN NO EVENT SHALL TOPS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, HARDWARE OR
DOCUMENTATION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY.  Such
damages include but are not limited to, loss of profits, loss of
savings or revenue, loss of use of the Software or Hardware and any
associated equipment or software, cost of capital, cost of any
substitute equipment, facilities or services, downtime, the claims of
third parties including customers and injury to property.
-- cut here --

In English, that means "we promise that it operates pretty much as our
documentation says it does, but if it breaks and you loose anything,
we're not going to pay for it."

Adobe Type Manager:

-- cut here --
[...] The Software will be free from errors under normal use and
service for a period of ninety (90) days after delivery to you.  For
purposes of this Agreement an "error" shall be a flaw in the Software
which causes it not to reproduce the Adobe version of the typefaces
when used on a computer utilizing the Adobe Type Manager software, the
Display PostScript system from Adobe or an Adobe PostScript
interpreter.  You must report all defects and return the Software to
the location where you obtained it with a copy of your receipt within
such period to be elibible for warranty service.  If the Software
fails to comply with this warranty, Adobe will, at its option and
cost, replace the diskettes not meeting the warranty or refund the
license fee for the Software. [...]

IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY  CONSEQUENTIAL OR
INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, OR
FOR ANY CLAIM BY ANY PARTY, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- cut here --

In English this says "We promise that this generates fonts.  If it
doesn't, we'll either give you your money back or replace the disks,
at our option.  If it breaks and you loose anything, we're not going
to pay for it."

These statements are very standard amongst commercial software.

GNU has no warranty.  They don't promise that their stuff does
anything in particular and if you loose something, they're not going
to pay for it.

I don't see a whole lot of difference in their warranties except that
with GNU they won't repay your purchase price (which you didn't pay
anyway).  Your only guarantee you have is that a for-profit company
probably won't stay in business long if their product doesn't work
(although there are obvious exceptions).  Given the success to failure
rate in our business, this isn't saying much.

Welcome to the Real World.

jim frost
saber software
jimf@saber.com