[rextorres]

Cyrien:

Those types of license agreements - although menacing - aren't really binding they are just there to prevent the crackpots from filing frivolous lawsuit.

Typically it's not worth challenging these agreements anyway because one has to show damages and if WORD, for instance, crashes my machine it would be nearly impossible for me to show any real damages. What would be the loss? My intellectual property. How does one value that?

Also it may SEEM that it's easier to sue a car company. In reality, however, the cases that people usually refer to were huge class action lawsuit that took years to go through the courts and involved hundreds of documented deaths and millions of dollars in damages.

I think a more fair analogy would be something like this. I bought a lemon and it broke down and caused me to be late to work resulting in me being fired. It was the automobile company's fault for me being late but see what happens if I tried to sue for the lost wages. The best that I could hope for would be to get my money back for the car and MAYBE a free car wash for my troubles. Something similar to the standard license agreement you quoted.

With that said I guarantee you that if a corporation drops lots of money on a piece of software there will be an agreement that supercedes the standard license agreement and the software company will be liable if the software causes monetary damages to the purchaser.

[ October 25, 2003, 08:03: Message edited by: rextorres ]