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You cannot waive such rights in many jurisdictions, and such clauses are void there. Even where you can generally waive such warranty rights as a buyer in a co
by retrac 4y ago
You cannot waive such rights in many jurisdictions, and such clauses are void there. Even where you can generally waive such warranty rights as a buyer in a contract, such waivers may still be curtailed in allowed scope. That includes most US states, too. E.g. if you sell a consumer product that's shoddily made and unfit for purpose and it blows up and injures its user, a signed contract where the buyer fully waives all implied warranties for fitness of purpose and accepts full responsibility -- caveat emptor! -- is probably void, and you are probably on the hook anyway.
> Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable
https://www.law.cornell.edu/ucc/2/2-719 https://www.law.cornell.edu/ucc/2/2-719
- ISL 4y agoAre there instances where OSS contributors were found liable for major losses? (Heartbleed would seem like the kind of thing that could do it.) If so, I'd expect it to summarily obliterate the OSS world.
- retrac 4y agoAs I understand it, at least with contract law in common law jurisdictions, simply writing and freely posting OSS would not fall under this; a warranty is an implied part of a contract, and there is no contract that exists between the authors, and those who receive copies. No contract, no sale, no warranty. (A licence is not a contract, at least in some common law jurisdictions. But licences are contracts in civil law jurisdictions, usually...) This would, however, not remain true if you're actually dealing with your users in a way that establishes mutual obligations (be careful you don't fall into a contract unawares!) Providing support for pay would do it, for example.