To: Question_Assumptions
I'm a partner in a software company, and have read quite a few agreements. The part you've left out is the clause that states that the product as purchased is the sole product of the company producing the software, and as such the company producing the software is granting a limited license to use the software.
That clause allows you to go before a court and say, "You can't sue us, because it isn't our software, we are licensees, and the licensor represents the software to be theirs and theirs alone, so sue them."
The clauses you cite deal with damages due to use or misuse of the software.
Our license agreements actually stipulate that we will defend the licensee against any claims that the software isn't ours (see the indemnity clause).
To: RinaseaofDs
The Windows 2000 EULA on my computer doesn't contain the indemity clause but I found it on Microsoft's web site. Fair enough.
What kind of damages would a company like SCO suing an end-user be expected to get?
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