lucky2b
01-22-2002, 06:27 AM
We have a beta application going out. Because I'm so new at this I have insisted that we put the disclaimer in there. The problem is the wording because my boss obviously doesn't want to scare potential customers.
What is in there now is "Use at your own risk".
Does anyone have any phrases that mean the same thing, but don't sound as scary?
Thanks for your help.
Squirm
01-22-2002, 07:04 AM
[your company name] accepts no responsibility for any losses or damages which are incurred as a result of installing [product name].
Or something like that :)
Banjo
01-22-2002, 07:21 AM
Below is the disclaimer that MS uses. You may consider it scary but it is probably fairly watertight. Just go through it and replace "P Squared Ltd." with your company name.
At the end of the day, most computer users are used to this sort of thing now.
THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING
INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. FURTHER, P SQUARED LTD DOES NOT WARRANT, GUARANTEE,
OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS
OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS
ARE DEFECTIVE YOU, AND NOT P SQUARED LTD OR ITS DEALERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
THAT IS MADE BY P SQUARED LTD, ON THIS P SQUARED LTD PRODUCT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY P SQUARED LTD,
ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND
YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER P SQUARED LTD NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN
THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH
PRODUCT EVEN IF P SQUARED LTD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
REGISTERED LICENCES OF THIS SOFTWARE ARE NON-TRANSFERABLE AND
DO NOT PERMIT CONCURRENT USE ON MORE THAN ONE MACHINE.
ACKNOWLEDGEMENT
BY USING THIS PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS'
TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LIMITED WARRANTY
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN
THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE
PARTIES RELATING TO THE SUBJECT MATTER OF THE LIMITED WARRANTY.
THE SOFTWARE AND ALL ACCOMPANYING WRITTEN MATERIALS (INCLUDING
INSTRUCTIONS FOR USE) ARE GOVERNED BY ENGLISH LAW IN ALL RESPECTS.
lucky2b
01-22-2002, 05:48 PM
Thank you both. My boss decided to use the second one.
Squirm
01-22-2002, 06:27 PM
Why do they insist on putting their disclaimer in all CAPS? :confused:
orufet
01-22-2002, 06:34 PM
It's unpleasant to read, therefore less people read it. The less people read it, the more than can get away with legally including stuff in their apps that most people wouldn't normally agree to....
:D :D :D
Robby
01-22-2002, 11:45 PM
Originally posted by orufet
It's unpleasant to read, therefore less people read it. The less people read it, the more than can get away with legally including stuff in their apps that most people wouldn't normally agree to....
:D :D :D
You make a good point, I never thought of it.
reboot
01-23-2002, 09:30 AM
Not reading a EULA or a Disclaimer doesn't make it legal to do the things it tells you not to do.... ever heard the phrase "ignorance is no excuse for the law" (or something like that).
Squirm
01-23-2002, 09:54 AM
I think you misunderstood.
It's unpleasant to read, therefore less people read it. The less people read it, the more that MicroSoft can get away with legally including stuff in their apps that most people wouldn't normally agree to....
reboot
01-23-2002, 10:07 AM
Yeah, I realized that after I re-read the post... I probably should have just deleted my reply...