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"Marty Ross" wrote in message
news ![]() Regarding the "implicit agreement about the usability of the software", I seem to remember a clause that states something like: "user accepts all risks as to fitness of use..." and: "producer grants no guarantee as to merchantibility or fitness of use", etc. Like I said, much of the EULA is unenforceable. The product must be expected to be usable at some basic level, otherwise the sale of the software is fraud. The publisher can write "as is" in the EULA all they want, they still have a legal obligation to expect each and every purchaser to be able to use the software. Regarding how well their agreement holds up in court, I don't know; you're probably right. But do you feel that makes it OK to "Accept" the terms of an agreement -- e.g., just because you can't be punished for breaking the agreement? Of course I do. The reason I can't be punished is because the agreement isn't legal. Why should I concern myself with someone else's attempt to illegally restrict my rights? Pete |
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