[thelist] Software Rights, Responsabilities

Eric Engelmann eric.engelmann at geonetric.com
Thu Aug 29 12:38:01 CDT 2002


The legal agreement is part of it, but if you're in the US, you'll want to
incorporate in such a way that they can't take your house/car/dog whatever.
For example, incorporating as an LLC will shield your personal assets from
those of the company. I assume its similar in most countries, too. That's
the first step.

Then, in your agreement that you and your client sign, you can specify your
liability, but know that if they claim negligence on your part, they may be
able to get around any limited liability clause in your document.

You may also consider that almost every hosting company in the world
automatically refuses any liability for data loss. So you won't be able to
pass anything along to your hosting company, if you're using a third party.
Even if it's their fault.

So, the best you can do is to shield your personal stuff with an LLC or
similar corporation, and then shield the company as best you can with your
docs. Then, make sure you code it right. Secure your systems. Backup your
data. Then you may not have to face lawsuits or hitmen anyway.

Disclaimer: I am not a lawyer.

- Eric





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