Home Messages Index
[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index

Re: Microsoft EULA never tested in court ..

Hash: SHA1

____/ Doug Mentohl on Wednesday 11 March 2009 15:37 : \____

> 'By using the software, you accept these terms .. You can recover from
> Microsoft and its suppliers only direct damages up to the amount you
> paid for the software'
> 'This limitation applies to .. claims for breach of contract, breach of
> warranty, guarantee or condition, strict liability, negligence, or other
> tort to the extent permitted by applicable law'
> 'The first user of the software may reassign the license to another
> device one time'
> 'The first user of the software may make a one time transfer of the
> software, and this agreement, directly to a third party'

This might also be unconstitutional in the US. As for the UK:

Do Microsoft's EULAs have any real legal basis?

,----[ Quote ]
| "Microsoft has no special exemption from the sale of goods act." Well,
| no, probably not - but it might still be selling you "services"
| instead of "goods". But the real point to remember is that it doesn't
| matter a jot what the "logical" position is, it is what the courts
| decide that matters.
| As far as I know, no one has tested Microsoft's EULAs in a UK court
| and, until someone does, Microsoft will just go on assuming that they
| work. And I don't fancy the risk of taking on Microsoft's expensive
| lawyers in court myself...


- -- 
                ~~ Best of wishes

Roy S. Schestowitz      | Disclaimer: no SCO code used to generate this post
http://Schestowitz.com  |    RHAT Linux     |     PGP-Key: 0x74572E8E
 19:20:01 up 7 days,  5:38,  2 users,  load average: 0.60, 0.79, 0.95
      http://iuron.com - Open Source knowledge engine project
Version: GnuPG v1.4.9 (GNU/Linux)


[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index