End User License Agreement Has Been Violated

Posted: April 9, 2021 by Podwits Administrator in Uncategorized

Also, in ProCD v. Zeidenberg, the license was declared enforceable because it was necessary for the customer to accept the terms of the agreement by clicking a “I agree” button to install the software. However, in Specht v. Netscape Communications Corp., the licensee was able to download and install the software without having to review and approve the terms of the agreement, so that the license is considered irreplaceable, i.e. 12. Excluding liability and limiting corrective action 12.1 The software is made available “as seen.” The licensee acknowledges that the software is inherently an imperfect product and that it had defects, omissions and other anomalies. 12.2 SMIDDLE assures the licensee that the Software meets the technical specifications of the Software for the duration of the license from the date of installation to the licensee, if it is used in accordance with industry technologies and conditions and is not modified. However, SMIDDLE does not guarantee that the software will operate without interruption or error. 12.3 To the extent that existing laws are permitted, SMIDDLE expressly disclaims any guarantees regarding the Software, including any guarantee of accessibility and/or suitability for a particular purpose, performance guarantees or guarantees that may result from other business practices or their use. 12.4 SMIDDLE is in no way responsible for accidents, special circumstances, direct or subsequent damage or loss of profits, loss of operations, loss of business opportunities or impairment, for claims in the event of indirect, individual or forced injury, third-party claims or indirect or related damages, or related costs related to the installation or use of the software, including due to its defects, as well as for the loss or inaccuracy of data of any kind, whether to be aware of the possibility of such damage.

12.5 In the event of a breach of a provision of this agreement, the amount of SMIDDLE`s exclusive and maximum liability, whether for unlawful offences or otherwise, does not, at its discretion, exceed any of the following amounts: – the total price paid for the software; – software replacement costs; – or the cost of repairing the software. 12.6 The direct warranty in point 12.2 applies only to the licensee and is not transferable.

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