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Biotech / Medical : Biotech Stock Picking for Charity - 2006

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To: John McCarthy who wrote (264)1/9/2006 12:30:35 PM
From: software salesperson  Read Replies (1) of 592
 
John,

some standard kinds of answers.

however, they are always signed by both parties in the corporate/ non-online world, agreed to(accepted)by checking a box in the online world, or contained in a box when you get software by mail, in a store, etc., saying that by using the software, you hereby agree.

i'm not a lawyer, but i suspect the liability language should cover you fine even tho the user is not signing a document.

regarding the future use someone might do, what would you say if someone sent your code to a friend and unbeknownst to them, the friend modified it and then sold it to msft for $ 2 M (or to SI for $ 10 !!)? my suspicion is that without a written agreement, you'd have no claim to part of the proceeds; but i don't know.

Should someone request this file, install it, and just
coincidentally their PC goes BOOM .... I do not want
to be held liable


------------ MAKES NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL --------- BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THE USE OF THE SOFTWARE.

(this language should be good as is)

But should
you then forward the file to a friend who was also
a committed hacker he could easily break the Excel
password protection, modify my code, and go do whatever
bad things he/she wanted to to the original code.


The software contains valuable, confidential information and trade secrets that you agree to protect. The reproduction, transfer, assignment, de-compilation, disassembly or reverse engineering of the software is prohibited.

( don't know if you have confidential info or trade secrets)

so, from a liability standpoint, i think you're ok, which seems to me to be the main concern.

sales
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