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Biotech / Medical : Biotech Stock Picking for Charity - 2006 -- Ignore unavailable to you. Want to Upgrade?

To: John McCarthy who wrote (264)	1/9/2006 11:43:43 AM
From: keokalani'nui	Respond to of 592

I hope SI Admin was one of the PMs requesting a copy of Future Release Beta One. Your contribution on this is huge, and hugely appreciated.

To: John McCarthy who wrote (264)	1/9/2006 12:11:18 PM
From: FiloF	Read Replies (2) \| Respond to of 592

John -- When the file is ready, I guess you could ask everyone who wants a copy to send you an email that includes the following language: Hi John. Please forward to me the file you have created for the 2006 SI Biotech Contest. By requesting and utilizing this file, I assume all risks associated with the use of the file, including but not limited to risks related to data on my computer being damaged or highjacked by virus, malicious coding, or any other activity. I agree that you, the sender, has no liability for direct, indirect, incidental, special, punitive or consequential damages arising out of or in any way connected with the use or misuse of the requested file, and I am solely responsible for, and will assume all costs related to, any need for servicing, repair or correction of equipment or data that might result from my utilization of this file.

To: John McCarthy who wrote (264)	1/9/2006 12:30:35 PM
From: software salesperson	Read Replies (1) \| Respond to 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