[thelist] liability and the web

Joe Crawford joe at artlung.com
Fri Jul 6 00:07:48 CDT 2001


on 7/5/2001 9:55 PM, freda.lockert at freda.lockert at btinternet.com wrote:

>> 8. WARRANTIES AND LIABILITY.  Gozz does not warrant that the
>> functions of the web site will meet the client's expectations of site
>> traffic or resulting business.  The service is distributed on an "as
>> is" basis without warranties of any kind, either express or implied,
>> including but not limited to warranties of title or implied
>> warranties of merchantability or fitness for a particular purpose or
>> otherwise.  In no event will Gozz or its sub-contractors be liable to
>> any client or any third party for any direct, indirect, incidental,
>> special or consequential damages arising out of use of the service or
>> inability to use the service or out of any breach of any warranty,
>> even if Gozz has been advised in advance of the possibility of such
>> damages.
>> 
> 
> 
> This is a genuine clause?? And it's legal (like being upheld in court)??
> NO WAY will that fly in the UK. Lucky you.

Indeed. The irony is that this is pretty much the way all software
shrinkwrap licenses read.

    - Joe
--  
...........  Joe Crawford : thinking and design about the web
.... enigmatic narcissism and miscellany : http://artlung.com
.... community instigator : http://WebSanDiego.org
.... San Diego, California, USA .....................AAAFNRAA





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