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  1. #1
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    I need someone with legal background

    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. #2

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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.
    AceOn6, the golf loving skating fan

  3. #3
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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. #4
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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. #5

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    Quote Originally Posted by Capital_B View Post
    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!
    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. #6

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

  7. #7
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    LOL, Barb!

  8. #8

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    Quote Originally Posted by euterpe View Post
    Could someone with a legal background please explain the meaning of "risk-free" offers in TV advertisements?
    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?????
    "Once you've skated together long enough, and you're really good friends, you can close your eyes, put your hand out and she's right there." Joe Dolkiewicz, 2011 US Novice Pairs Bronze Medalist

  9. #9

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    Wife of lawyer, here. Yazmeen nailed it.
    AceOn6, the golf loving skating fan

  10. #10

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    Quote Originally Posted by Yazmeen View Post
    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?????
    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.

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