software liability disclaimers

From: Developwebsites (developwebsites_at_aol.com)
Date: 11/28/03

  • Next message: LHradowy: "expect error with puts to file" 
    Date: 28 Nov 2003 01:53:25 GMT

    Are those "AS IS" no warranty liability disclaimers on software packages
    legally enforceable and legally binding?
    I mean the ones which say if you break this seal, or if you install this
    software we are not liable for damages to computer blah blah, and you have
    to press yes to proceed.
    Obviously, noone actually reads them and just press yes/install.
    Would this be considered as a legal non-signed contract?
    If software you make can be downloaded from your, or some other, site
    are you actually legally liable for damages no matter what your disclaimer
    says?

    Lets say the software, or the product, or service, or whatever, actually
    causes damages to my computer, server, info, and as a result I lose
    income or whatever, can I sue? Does the provider of the software have
    a defense by saying that since I pressed YES, or broke the seal, or installed
    the software, or used his services, I agreed to his disclaimer
    and therefore I cant sue or collect damages?

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