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0 pointskube-system3y ago0 comments

The VMWare warranty I linked was an example of one explict warranty, it is not representative of what all software warranties look like.

Some warranties are implied, as well, and you won't find them written down anywhere.

See this article for several further citations:

https://corporate.findlaw.com/litigation-disputes/performanc...

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yencabulator3y ago· 2 in thread

My point is, all software warranties tend to be weasel words that don't amount to that much, as far as risk management is concerned. They especially don't usually obligate the seller to fixing anything, at most they undo the purchase.

kube-systemOP3y ago

At most, a warranty failure may have associated damages that could far exceed the purchase price.

(This is why FOSS licenses almost universally disclaim both warranty and liability for damages, rather than ignoring the issue. Refunding the purchase price is not the worst that can happen.)

Usually in very large software purchases, fixing problems is often much cheaper than undoing a purchase.

While technically, you may be able to legally refund a $10,000,000 software purchase in lieu of buying a plane ticket for a developer, in practice, that's not really an option anyone takes.

yencabulator3y ago

Sure, sure, now note the part where VMware is not obligated to do either, they can just give you a helpdesk number and drown you in bureaucracy. And that is still only necessary if you noticed the problem "promptly" after delivery.

I think if you want to argue damages is a common contract clause in the software industry, it's only fair I ask you to name examples. Because it really isn't common.

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