[dundee] High Court rules software liability clause not 'reasonable' - Stick that in your EULA and smoke it

Robert Ladyman it at file-away.co.uk
Mon May 17 12:13:32 UTC 2010


In this case, it looks as if the supplier mislead and subverted the usual 
purchasing process: but yes, you need to supply enough information for the 
purchaser to make up their mind that your product is suitable and so that you 
can claim caveat emptor.

...and that's the limit of my Latin.

RJL


> A software company's stipulation that customers could not take action
> against it for the poor performance of its software was unfair and could
> not be enforced, the High Court has said.
> 
> http://www.channelregister.co.uk/2010/05/12/red_sky_liability_ruling/
> 
> ^^ there is bit of this that makes me a happy chappy, and there is bits of
> this that makes me a little sad.  It doesn't seem to be the end of EULA's
> getting away with it, its just that if you use one you best bet your arse
> you supply all documentation you refer to when limiting your liability
> 
> 
> 
> 
> 
> 
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-- 

Robert Ladyman
File-Away Limited, 32 Church Street, Newtyle
Perthshire, PH12 8TZ SCOTLAND
Registered in Scotland, Company Number SC222086
Tel: +44 (0) 1828 898 158
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http://www.file-away.co.uk




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