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Re: [dubailug] Accountability of Commercial software

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  • John Joseph
    Dear Hazem Thanks for the mail. I read it ,we have to consider the fact people argue without finding out the truth, and in some case , even if they know the
    Message 1 of 2 , Feb 1, 2004
      Dear Hazem
      Thanks for the mail. I read it ,we have to
      consider the fact people argue without finding out the
      truth, and in some case , even if they know the truth
      , they are forced to argue about the merits of
      properitary software
      Thanks
      Joseph John


      --- Hazem Bayado <hbayado@...> wrote: >
      Guys,
      >
      > I am shocked!!!
      >
      > Yesterday we were in the LUG meeting talking about
      > what reliability or
      > peace of mind can Linux/OSS provides versus
      > commercial software, more
      > precisely MS..
      >
      > Check this out, it is an exact extract from the
      > EULA!! you know that
      > long CAPITALIZED text that we "Accept" blindly
      > without bothering reading
      > it, at least in my case and most of the people I
      > know..
      >
      > One clause says:
      >
      > "THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT
      > OF THE
      > USE OR PERFORMANCE OF THE SOFTWARE, REMAINS WITH
      > YOU."
      >
      > And Clause 13 is this:
      >
      > 13. LIMITATION OF LIABILITY AND REMEDIES.
      > NOTWITHSTANDING ANY
      > DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON
      > WHATSOEVER
      > (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
      > REFERENCED HEREIN
      > AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR
      > ANYTHING ELSE),
      > THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS
      > SUPPLIERS UNDER
      > ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE
      > REMEDY HEREUNDER
      > SHALL BE LIMITED TO THE GREATER OF THE ACTUAL
      > DAMAGES YOU INCUR
      > IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE
      > AMOUNT ACTUALLY
      > PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE
      > FOREGOING LIMITATIONS,
      > EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE
      > MAXIMUM EXTENT
      > PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY
      > FAILS ITS ESSENTIAL
      > PURPOSE.
      >
      > So can someone please explain to me how is
      > commercial software less
      > risky than OSS?? Just one reason??
      >
      > I suggest we print this and keep it in our back
      > pockets at all times so
      > whenever someone argues about that, just pop it out
      > and give it to them,
      > quietly...
      >
      >
      >
      > Regards,
      >
      >
      >
      > Hazem I. Bayado
      > Technical Director
      > Novell Middle East
      > The Leading Provider of Information Solutions
      > http://www.novell.com
      >
      > Mobile: +971 50 6545889
      > Direct Line: +971 4 3901105
      > Office Tel: +971 4 3901020
      > Office Fax: +971 4 3908628
      >
      >





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