Afraid Microsoft’s anti-spyware will muck up your hard drive, erasing your digital photos, music collection and work files?
Don’t worry, you’ve got a US $5 rebate coming your way in this worst-case scenario–enough to buy five songs on iTunes. That is, if you read and take advantage of Microsoft’s legal promise. According to the AntiSpyware Beta end-user license agreement (EULA), Microsoft will reimburse direct damages up to US$5 for problems associated with the new downloadable tool that wards off spyware, adware and any other “potentially unwanted software.”
“It also applies even if Microsoft knew or should have known about the possibility of the damages,” states the agreement, in all capital letters.
Proving the point that EULAs are widely ignored, PC Pitstop recently inserted a “special consideration” clause in its agreement that offered money to anyone who sent an e-mail to an address contained in the license. After 3,000 downloads and four months, one person finally took advantage of the offer and received a check in the mail for US $1,000, according to the company’s Web site.
Here’s exactly what the EULA says:
10. LIMITATION ON AND EXCLUSION OF DAMAGES. Microsoft?s liability under this agreement is limited. You can recover from Microsoft and its suppliers your direct damages up to U.S. $5.00. You cannot recover any consequential damages, lost profits, special, indirect or incidental damages from Microsoft and its suppliers. This limitation applies to:
– anything related to the software, services, content (including code) on third party Internet sites, or third party programs, and
– claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages.
