I need someone with legal background

Discussion in 'Off The Beaten Track' started by Capital_B, Dec 16, 2010.

  1. Capital_B

    Capital_B New Member

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    Hi all!

    I have a problem to understand what is meant with "AS IS" and "non-infringement" in the following sentence:

    "The Software is provided on an AS IS basis, without warranty of any kind ... including fitness a for a particular purpose and non-infringement."

    I can't find these words in any dictionary.


    Thanks in advance!
     
  2. Aceon6

    Aceon6 Get off my lawn

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    As Is means that if there are bugs in it, you can't make them fix them. (eta, if a store sells a dented appliance, they sell it "as is" meaning that they won't take the dent out for free)
    Non-infringement means that they're not promising that they didn't steal someone else's idea or code.

    Sounds like a standard EULA for shareware.
     
  3. Doubletoe

    Doubletoe Well-Known Member

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    To put it in even simpler terms, it means you won't get your money back if it doesn't work, and they may not actually own the rights to this software.
     
  4. Karina1974

    Karina1974 Well-Known Member

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    Watch enough People's Court and you'll definitely learn the meaning of the phrase "as is" - every single episode seems to have at least one case dealing with the concept.
     
  5. barbk

    barbk Well-Known Member

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    In plain English: This software may or may not work, may or may not actually do what you think (or we led you to believe) it might do, not that we're going to fix it, and we're not making any promises that we really had the legal rights to everything we included anyway.

    Makes you feel pretty good, eh?

    Imagine if your vanilla ice-cream bar came that way: "Here's something -- we're not making any promises about whether it is really ice cream or even that it is vanilla -- we're not even promising that we owned the ingredients. And don't come looking to us if the bar falls off the stick. We never promised that it would work as an ice cream bar."
     
  6. euterpe

    euterpe Well-Known Member

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    Could someone with a legal background please explain the meaning of "risk-free" offers in TV advertisements?
     
  7. John 3 17

    John 3 17 Well-Known Member

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    LOL, Barb!
     
  8. Yazmeen

    Yazmeen Well-Known Member

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    I'm no lawyer, but I've always interpreted it as "yeah, you can return this, but we'll charge you a ridiculous amount for shipping/restocking and we'll hold up your refund for so long that you will hopefully give up trying to get it."

    Of course, please, will a real lawyer answer that????? :lol:
     
  9. Aceon6

    Aceon6 Get off my lawn

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    Wife of lawyer, here. Yazmeen nailed it.
     
  10. Tinami Amori

    Tinami Amori Well-Known Member

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    Not a lawyer.... and in most cases you're right! But:

    - some "risk-free" offers are indeed "risk-free" IF:

    - the product and outgoing shipping charge (delivery to you) is charged on your credit card and the credit card company will reverse the charges if you can prove you returned the product according to the rules of the transaction.

    - if the seller offers "return shipping label" free of charge to you.

    Not all companies do that, but some do.