EULA and Modifed BSD

[John Cowan]

Russ Nelson scripsit:

> You *do* need to make sure that a contract is formed in order to
> disclaim warranty.  (As an aside, the GPL isn't a contract, so how can
> it effectively disclaim warranty?)

I don't see why contract formation is required just to disclaim
warranties.  The licensor is simply advising you of certain rights
that might be expecting but are not going to get.  You are not being
asked to contract away any statutory warranty rights you already have,
and in fact most licenses go out of their way to tell you that you may
already have such rights and that the license does not affect them,
the GPL being one of these.

Disclaimer:  I don't warrant that the claims made in this email are
correct or even sensible.  (You see?  No contract here.)

-- 
John Cowan    <cowan at ccil.org>     http://www.ccil.org/~cowan
But no living man am I!  You look upon a woman.  Eowyn I am, Eomund's daughter.
You stand between me and my lord and kin.  Begone, if you be not deathless.
For living or dark undead, I will smite you if you touch him.