Quote:
Originally Posted by EvilDragon
That case wouldn't hold in court at all. Read the licensing terms. 
"5. Disclaimer of Warranties: Cockos does not warrant that the Software is error free. Cockos offers the Software “as is” and “with all faults” and by using the Software, you accept it “as is” and “with all faults”. Cockos disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions may not allow the exclusion of implied warranties, so the above disclaimers may not apply to you."
"7. Limitations on Liability: To the maximum extent permitted by applicable law, Cockos shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, (including, but not limited to, damages for loss of profits or loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use or inability to use the Software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in event of fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Cockos, and even if Cockos has been advised of the possibility of such damages. In any case, Cockos’ entire liability under the provisions of this EULA or the applicable law shall be limited to the amount paid by you for the Software. Some jurisdictions may not allow the exclusion of consequential damages, so the above limitations and exclusions may not apply to you. This Agreement sets forth Cockos’ entire liability and your exclusive remedy with respect to the Software." |
See,
Kalisch-Jarcho, Inc. v. New York (N.Y. 1983)
City of Santa Barbara v. Superior Court, 41 Cal. 4th 747, 62... (2007)
Kalisch, Inv., v. New York, supra (recloess disregard; intent to harm);
Metropolitan Life Ins. Co v. Noble Lowndes International, Inc. (N.Y. 1994)
Banc of America Securities v. Solow Building Co. (2007)
Cal. Civil Code para 1668; Kleinwort Benson N. Am.,Inc v Quantum Fin Servs., Inc (1996)
Zircon Co. v. Graphik Dimensions, Inc (1996)
UCC para 2-719(3)
Farnham v. Superior Court, 60 Cal. App. 4th 69 (1997)
La. Civ. Code Ann art. 2004;
Valhal Corp v. Sullivan Associates, Inc., (3rd Cir. 1995)
I could go on. But, y'all do whatever you want. I hope some teen or minor out there who doesn't understand what they are agreeing to, and doesn't "know better" to mitigate this themselves, doesn't get injured.