vBulletin license funny

[bairy]

I had a read of the license and found a part I think is both funny and just bizarre:

You must assume the entire risk of using the program. ANY LIABILITY OF JELSOFT WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

Except in respect of personal injury or death caused directly by the negligence of Jelsoft, in no event will Jelsoft be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Software, even if Jelsoft has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.

Am I right in thinking that what this says is:

If our software causes you to hurt yourself and/or die (and you can prove it) we will give you a refund or replacement. However, if the software causes your Windows installation to corrupt, or your hard drive to melt down, or the universe to implode, we won't be liable - even if we were told that it might happen.

And if so, wha?

It looks like the overall theme was copied from the back of a bleach bottle...

[Colin F]

There are legal rules that need to be followed, and I assume this is something that it has to say.

[Zachery]

That is a legal statment in almost any TOS / License Agreement with any company now adays, never read your windows TOS ?

[bairy]

Nope never did. I only noticed this as the scroll wheel went though it on the way to the bottom of the page..

In that case, it's not a vBulletin funny (and sorry for any bad word implied by it), it's a legal-requirement-in-a-licensing-agreement funny. It's a stupid pair of paragraphs to have in either case

[DirectPixel]

The purpose of that statement is to cover Jelsoft's behind when (and I'm sure the likelihood of this is VERY close to zero) somebody dies as a result of vBulletin or something vBulletin-related.

Having this statement significantly reduces Jelsoft's liabilities when/if somebody dies and then files a civil suit against Jelsoft for negligence.

[Quillz]

The purpose of that statement is to cover Jelsoft's behind when (and I'm sure the likelihood of this is VERY close to zero) somebody dies as a result of vBulletin or something vBulletin-related.

Having this statement significantly reduces Jelsoft's liabilities when/if somebody dies and then files a civil suit against Jelsoft for negligence.

Funny enough, I remember hearing a story a few years ago about some guy who died after posting on a message board for 37 straight hours. I don't know if the company of the message board got sued, but I guess it's to protect Jelsoft from something like that.

[jamesyfx]

They've gotta have the most absurd things in legal things like that now, just in case some smartass figures it out and makes some sort of claim.

[BENSTER]

your message board was compromised, someone read your comment, and took offense, so they stalked you and hurt you. Hmmm, Better close up that personal injury exception.

[DirectPixel]

your message board was compromised, someone read your comment, and took offense, so they stalked you and hurt you. Hmmm, Better close up that personal injury exception.

Technically, that would be the tort of negligence. And the claim would only be valid in courts of civil law, since there are no criminal charges possible.

"Personal injury," thus, can be defined in terms of assult and/or batter. Which does not apply.

Furthermore, while a suit can be filed for negligence, a successful claim must prove what not only a security breach/bug/whatever led to the death/injury/whatever, but that Jelsoft took all possible steps to prevent problems/bugs of that nature from happening. Additional, the forseeability of the chain reaction must be evaluated. If it was not a "reasonably forseeable" situation that Jelsoft could've reasonably predicted or accounted for, then the case probably will be ruled for the defendant.

[eXaulz]

I cut myself while writing on a vBulletin-powered forum. OMFG! Time to sue!

[MRGTB]

My board is sending me blind, can I sue