Re: MS Licensing Agreement

["Kris Shapar" <Kristina@aldebaran.mmco.com>]

  On  7 Dec 97 about AM-INFO digest 72, Christopher Pall wrote:
  
  > 7. NOTE ON JAVA SUPPORT.  The SOFTWARE PRODUCT may contain support for
  > programs written in Java.  Java technology is not fault tolerant and  is
  > not designed, manufactured, or intended for use or resale as on-line
  > control equipment in hazardous environments requiring fail-safe
  > performance, such as in the operation of nuclear facilities, aircraft
  
  <snip> 
  
  This reminds me an awful lot of the license that used to accompany MS 
  Word several years ago. I remember the shock at my office when we 
  actually looked at the small print on the envelope that contained the 
  program diskettes and realized what it said. Unfortunately I don't 
  have access to that envelope here, but I do remember bits about 
  death, aircraft, and nuclear facilities -- bits that aren't 
  apparently in the standard license now. (So is MS saying that 
  nowadays such risk is only through Java??)
  
  Hunting through old licenses trying to find it, I came across the 
  Australia, New Zealand, and PNG version of the Win 95 license, 
  specifically the exclusion of liability/damages, from which I quote:
  
  "You acknowledge that no promise, representation, warranty or 
  undertaking has been made or given by PC Manufacturer and/or 
  Microsoft Corporation (or related company of either) to any person or 
  company on its behalf in relation to the profitability of or any 
  other consequences or benefits to be obtained from the delivery or 
  use of the SOFTWARE and any accompanying Microsoft hardware, 
  software, manuals or written materials. You have relieved upon your 
  own skill and judgement [sic] in deciding to acquire the SOFTWARE and 
  any accompanying hardware, manuals, and written materials for use by 
  you...."
  
  Gee, if you don't have a choice in operating systems (etc.), how 
  could you have relied upon your own skill and judgment in choosing to 
  use MS software, specifically Win 95 (and therefore according to MS' 
  brief, IE 3)?
  ____________________________________________________________________
  Kris Shapar
  
            To doubt everything or to believe everything
            are two equally convenient solutions; both
            dispense with the necessity of reflection.
  
                                - Jules Henri Poincare
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