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From: sienkiew@louie.udel.edu
Newsgroups: net.micro
Subject: Re: Your software rights are in danger
Message-ID: <826@brl-tgr.ARPA>
Date: Wed, 18-Dec-85 12:20:42 EST
Article-I.D.: brl-tgr.826
Posted: Wed Dec 18 12:20:42 1985
Date-Received: Sat, 21-Dec-85 06:13:45 EST
Sender: news@brl-tgr.ARPA
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The unhealthy part of this law is that appears to grant publishers the right
to claim any license agreement that they want.

I have NEVER NEVER NEVER seen a license agreement that guarentees some
measure of reliability for the software.  If it doesn't work, you have NO
RECOURSE AT ALL.

If you don't buy software that has license agreements like that, you probably
won't be buying much at all.  Imagine what it would be like if you bought a
new car and the manufacturer didn't even have to guarentee that it could move
under it's own power!

Example from Apple's license agreement:

5. Limitations on warranty and liability.  Except as expressely provided above
for media, APPLE, is Software Supplier, Distributors and Dealers make no
warranties, either express or implied, with respect to the APPLE Software, its
merchantability or its fitness for any particular purpose.  The entire risk as
to it's quality and performance is with you.  Should the APPLE Software prove defective, you (and not APPLE, it Supplier, Distributor, or Dealer) assume the
entire cost of all necessary serviceing, repair or correction and any incidental or consequential damages.

etc...

Now suppose that this was a shrink-wrap license under the Illinois law.  And
suppose you bought the software by mail-order.  You cannot determine if it
works without accepting the license agreement.

----

A point to ponder:  Why doesn't the law require that the software must live up
to all the claims made by it's publisher???