Software developers use a disclaimer to deny liability for damages resulting from the use of their software. The disclaimer also covers economic and other losses, copyright and patent infringement, and unfair competition. Consumers assume the risk when purchasing software, and are encouraged to check reviews and troubleshooting before buying.
A software disclaimer is the software developer’s denial of any liability for any damages resulting from the use of the software application or program. Companies that sell or manufacture software use the disclaimer to deny any claims that they are offering a product that is error-free or will meet the requirements of all of its users. In addition to damages, companies often disclaim economic and other losses and expenses in a standard software disclaimer, arising from use of the software or inability to use the software. The types of lawsuits that are rejected also include copyright and patent infringement and unfair competition. The disclaimer often consists of a few paragraphs included in the software package, as well as on the software company’s website.
Consumers who purchase software often expect it to perform as promised on the packaging, in advertisements or in other publications. They do not expect errors in the software itself or interruptions during use. Software developers can’t guarantee they won’t produce malicious software that will end up on the market, but in some cases companies have shipped software with known bugs. For example, Microsoft Windows 3.1 had 5,000 known errors and was still being offered for sale. Whether due to negligence or some other factor, bad software is out there and companies use a software disclaimer to absolve any liability.
Employees, distributors, and anyone in the chain that gets the software to consumers are also covered by a software disclaimer. When a company goes to write a software disclaimer, they need to include everyone so that even those who have not had anything to do with the development are protected in a lawsuit and to avoid getting involved in a lawsuit. For example, if a consumer files a lawsuit against a reseller, that reseller will often in turn sue the software company. A disclaimer where the reseller also disclaims any liability can prevent the reseller from bringing the software developer into a lawsuit. The specific reseller and others are often not named in the disclaimer, but instead general terms are used to describe them.
When a software disclaimer is included with the software, the consumer has a choice to make. He or she may choose not to purchase, return the software, or take the risk of using it. The consumer assumes a risk because the disclaimer denies any liability on the part of the software developer and other companies with which he is associated. Consumers are often encouraged to check software reviews and troubleshooting before purchasing.
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