Liability on shareware

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3 total messages Started by Ashley Niven Sat, 22 Apr 1995 00:00

#287

Author: Ashley Niven
Date: Sat, 22 Apr 1995 00:00

14 lines
1629 bytes

My apologies if this is not the right place to post this message:
I'm thinking of releasing one of my VB utilities as shareware. 
Could somebody tell me what my liability would be if my 
program, say, destroyed somebody's data (or worse burned 
their computer to ashes). I've seen disclaimers like "...this 
program comes 'as is'. Use at your own risk...". Is that enough 
to protect myself from lawsuits? With these million dollar settlements 
for burnt crotches one can never be too careful. Thanks 
in advance for any responses.
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Re: Liability on shareware

#288

Author: Michael Smith - Tera Tech
Date: Tue, 30 May 1995 00:00

26 lines
2311 bytes

Ashley Niven (an228195@anon.penet.fi) wrote:
: I'm thinking of releasing one of my VB utilities as shareware. 
: Could somebody tell me what my liability would be if my 
: program, say, destroyed somebody's data (or worse burned 
: their computer to ashes). I've seen disclaimers like "...this 
: program comes 'as is'. Use at your own risk...". Is that enough 
: to protect myself from lawsuits? With these million dollar settlements 
: for burnt crotches one can never be too careful. Thanks 
: in advance for any responses.

To play it safe just copy one of these disclaimers into your program and
docs. It will protect you. You might also compare it to the one MicroSoft
uses - you can be sure that they got the language "right"  (getting it
right will not protect you fully). Although to be honest I have never
heard of any one suing a shareware author for liability - people only sue
big companies, because they can pay the "million dollar" settlements. It
does them no good to sue you, when you can only pay them a few thousands of
dollars max, which would all go to pay their lawyer's fee! 

 --
            Michael Smith, TeraTech Inc - Tools for Programmmers(tm)
   Basic, C++, ASM and Visual Basic/Win programming tools & consulting for PC
       ***>>> Call, write or Email for FREE catalog & demo disk <<<***
100 Park Ave Ste 360 Dept 500,Rockville MD 20852 USA Email:teratech@cpcug.org
 Voice: +1-301-424-3903, 800-447-9120 x500 Fax:301-762-8185 BBS:301-762-8184
  FTP ftp.teratech.com cd/pub/teratech  GOPHER gopher.teratech.com

Re: Liability on shareware

#289

Author: Wm. Randolph U Franklin
Date: Thu, 01 Jun 1995 00:00

27 lines
1947 bytes

In article <3qe77o$qg7@news3.digex.net> on 30 May 1995 04:34:00 GMT,
teratech@cpcug.digex.net (Michael Smith - Tera Tech) writes:

  > ... Although to be honest I have never heard of any one suing
  > a shareware author for liability - people only sue big
  > companies, because they can pay the "million dollar"
  > settlements. It does them no good to sue you, when you can
  > only pay them a few thousands of dollars max, which would all
  > go to pay their lawyer's fee!

This is one reason that some large companies avoid freeware and
shareware: they want someone big that they can sue if necessary.
Large SW companies, like Lotus, have been sued.  I forget the
result.

Don't get complacent even if you are unsuitable, i.e., have no
money.  In the US, if I win a judgement, it's valid for 10 years,
renewable for another 10.  Do you expect to have assets sometime
before 2015?

Also, if I'm mad enough at you, I'll sue even if my lawyer gets it
all.  Rather him than you.

------------------------
 Wm. Randolph Franklin,  wrf@ecse.rpi.edu, (518) 276-6077;  Fax: -6261
 ECSE Dept., 6026 JEC, Rensselaer Polytechnic Inst, Troy NY, 12180 USA

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