5

For example, in the MIT license we find this paragraph:

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

I, as simple human being on this Earth, cannot understand this (at least I hardly understand it).

Why is it all written with uppercase letters?

Does it basically mean that the author of the software is not responsible for any damages?

I need a simple human-understandable alternative for this long paragraph. :-)

WBT
  • 5,076
  • 2
  • 32
  • 61
Ionică Bizău
  • 237
  • 1
  • 9

1 Answers1

8

Similar to this question and this one, the Uniform Commercial Code requires that exclusion of warranty be conspicuous. While it does not specify the manner in which text should be made conspicuous, putting it in all caps certainly has that effect if the surrounding text is in sentence case.

The meaning is that all products come with implied warranties of merchantability (it is good enough to be sold to you) and fitness for purpose (it will do what it's meant to, and what you've been told it will do). This text excludes this product from those warranties (that is, those warranties do not apply).

It also disclaims liability for claims and damages, which means that if this software causes you harm or damage, you can't file a suit to recover any loss. Whether this is enforceable would be decided by a court.

Community
  • 1
jimsug
  • 12,380
  • 6
  • 46
  • 82