Warranty Disclaimer And Software License Agreement

“If I gave you such a guarantee, and I would give it to all the other customers, I would probably be out of the business very soon. All it takes is a single malicious customer who finds an error and uses it to deliberately cause big fictitious damage. Due to the complexity of software development, it is currently almost impossible to create software that does not contain a single error. Does it have an effect? Sometimes. But not always. And at least in the U.S., there are specific requirements if you want to exclude the tacit/legal warranty. You should tell him that if he wants to pay to hire you about fifty thousand CS teachers to prove your program properly, you will give it up. Otherwise, there is no way to guarantee it. That`s how software development works. The quintessence is that you can`t provide what he wants for free. And the price increase he will have to pay is unlikely to be less than the pension he has to take to absorb the risk himself.

That`s why other customers accept the agreement. But even if my software were perfect, other components of the entire system, such as hardware, operating system, libraries I use, database system, etc., could still contain errors, and they most likely do; So if something goes wrong, you`re probably trying to make me pay for the damage, because I`m the only one who gave you a guarantee and the problem ends up appearing in my program, since that`s the frontend you`re working with. I cannot afford to defend those claims.┬áSubject to clause (ii) above, Microsoft is only liable for slight negligence if Microsoft violates the essential obligations of the contract, which facilitates the performance of this agreement, whose violation compromises the purpose of that agreement and which a party can consistently trust (“cardinal obligations”). In other cases of minor negligence, Microsoft is not responsible for slight negligence. Software licensing contracts generally offer the customer limited and exclusive remedies when the software is defective. For example, the vendor will correct or replace the defective software (so that the software essentially matches the existing documentation), either terminate the customer`s license for the use of the defective software and reimburse the license fee paid by the customer for the terminated license. Limited corrective actions are generally comprehensive and expressly exclude any other corrective action, including financial compensation for losses and damage caused to the customer by the defective software. The software can collect information about you and your use of the software and send it to Microsoft. Microsoft can use this information to provide services and improve Microsoft`s products and services.

Your opt-out rights, if any, are described in the product documentation. Some features of the software can collect data from users of your applications who access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable laws, including the user`s required consent, and maintain a leading privacy policy that specifically informs users of how they use, collect and share their data. For more information on Microsoft`s data collection and use, visit Microsoft`s product documentation and privacy policy at go.microsoft.com/fwlink/?LinkId=512132.