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software distribution legal notice - EULA, end user license

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software distribution legal notice - EULA, end user license

Postby Jim Brammer » Thu Feb 07, 2002 5:31 pm

software distribution legal notice


Good afternoon!

I'm about ready to release my first commercial
NeoBook product and I would like to include a
legal notice screen to protect myself from getting
sued.

Basically, I need it to say that I will not be responsible
for any damage that may occur to the user's computer
while they are using the program. As most of us know
already, it hard to mess up a machine seeing that most
NeoBook apps are a single exe, but you never know.

I was hoping that there might be a site somewhere
that has a basic legal notice that I can use with some
slight modifications.

Thanks!

- Steve


<hr>


Below is from a template EULA. If you want the whole EULA, let me know and I'll mail it to you. I don't know if it carries any real legal weight but, one thing that I usually add to this is... "Installation and use of this SOFTWARE PRODUCT is indication that you agree to these terms." That phrase though, probably needs to be in a startup readme in your setup program. If it can't be read until after the software has been installed, then it's null.

= = = = = = = = = =

LIMITED WARRANTY

NO WARRANTIES.
The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

NO LIABILITY FOR DAMAGES.
In no event shall the author of this Software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.



<hr>



This is exactly what I'm looking for. Something short
and to the point. I just want something that I can
wave in front of a lawyer that says I that warned the
user that I will not be responsible and this says that.

Thanks again!

- Steve


--------------------------------------------------------------------------------



Just remember that no EULA, even MicroSoft's, is really worth very much. You gotta have it, but it won't save you from being sued. If someone big & bad  comes after you, it won't matter. They will bury you under legal costs before the matter ever hits the courts.

Been there..

Pete Charlton
Jim Brammer
 

software distribution legal notice

Postby Enigman » Mon Mar 04, 2002 9:15 pm

One way that I handle this is using a special screen in the application that pops up if the program has not been run before. It displays an EULA like above, then provides a button to agree or disagree. This is like the one used in installation programs. BUT, with NeoBook apps it is easy for download sites to take applications out of your installer and schlep them into another distribution. I've had it happen. With the disclaimer in the program, the user must agree or the program terminates on the spot. Doesn't add any legal weight, but it makes sure the user must agree.
Enigman
 


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