"Bill Allombert" <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
> Notes: (1)Insert the first year the software was made available to the
public as well as any subsequent years in which a modified version is
made available. The last two paragraphs must be in capital letters to
comply with the Uniform Commercial Code.
Ah finally a bit of fun: a claim that warranty disclaimers must be in
capital letters. Eben Moglen disagree...
Eben Moglen is correct.
UCC 2A-124.2:
Subject to subsection (3), to exclude or modify the implied warranty of
merchantability or any part
of it the language must mention "merchantability", be by a writing, and be
conspicuous. Subject to
subsection (3), to exclude or modify any implied warranty of fitness the
exclusion must be by a
writing and be conspicuous. Language to exclude all implied warranties of
fitness is sufficient if
it is in writing, is conspicuous and states, for example, "There is no
warranty that the goods will
be fit for a particular purpose".
Quite simply the disclamer must be in writing and be conspicuous.
Conspicuous is the key word there.
It was propably intended to mean that it cannot be hidden in fine print.
Regardless,
an all caps header preceding it saying something like "WARRANTY DISCLAMER:"
certainly would
make the notice conspicuous.
--
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
