"Marty Ross" wrote in message
news
Regarding the "implicit agreement about the usability of the software", I
seem to remember a clause that states something like: "user accepts all
risks as to fitness of use..." and: "producer grants no guarantee as
to
merchantibility or fitness of use", etc.

Like I said, much of the EULA is unenforceable. The product must be
expected to be usable at some basic level, otherwise the sale of the
software is fraud. The publisher can write "as is" in the EULA all they
want, they still have a legal obligation to expect each and every purchaser
to be able to use the software.

Regarding how well their agreement holds up in court, I don't know; you're
probably right. But do you feel that makes it OK to "Accept" the terms of
an agreement -- e.g., just because you can't be punished for breaking the
agreement?

Of course I do. The reason I can't be punished is because the agreement
isn't legal. Why should I concern myself with someone else's attempt to
illegally restrict my rights?

Pete