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It's par for the course.
That kind of shit rarely holds in court.
I had a similar case recently. A restaurant I visited (this is EU, so they must provide allergen info for the whole menu) caused me severe pain for lactose cross contamination.
They tried to argue that their menu had this overall bullet point that everything on the menu could contain "fish, dairy, dry fruits, seafood, gluten,...".
There's no fucking way a steak contains dairy.
The arbitrator refused their claim on grounds that such a cover-all clause does not invalidate due diligence in, you know, mandatory food processing procedures.
So I guess this will end up the same way, or at least, so I hope. -
@usesparkle Regrettably, the clause that required users to donate their organs to the developer upon request was rejected by European courts, although the US tends to allow people to sign their arm and leg away much more freely so maybe it'd work there.
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@CoreFusionX the EU is vastly more reasonable. A lot of liability waiving is in violation of the law here.
I think that the claim has to do with the actual usage, even in US but can't be sure.
Because laws in the US are stupid they will try to get damages on Disney if their kids jump off a building and try to spin it that they did it because Disney showed them a super hero that can fly.
Found this in our codebase, apparently one of my co-workers had written this
I already knew that Disney was scum, but trying to use an EULA to claim immunity in a wrongful death is off the charts.
Imagine, you used WIndows once and then switched to Linux. Then Bill Gates accidentally runs you over while executing his duties at Microsoft. Well sucks for you. You agreed to some absurd terms in the Windows EULA. You waived your right to sue Microsoft for any reason. Now lets be less ridiculous. You are at a hospital and the machine that helps the doctors determine drug dose has a software bug. This software is made by Microsoft. Nope buddy, you are fucked. You used Windows once.
I realize the logic even for a lawyer was flawed, but the fact that these POS companies try this shit is so wtf. I am not even sure what to think. They are definitely not interested in your well being.
random
wtf
eula