CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START USING THE SOFTWARE
Now, honestly who has read these statements?
There is an implied warranty that if you are buying an Antivirus that you get a level of protection and updates for new threats. Conversely if you have chosen the freemium offering then you take your own chances with regards to new virus and malware risks.
But what is your real protection that you get and how do you know if you are protected?
Wait, I’m not sure that I accept those conditions? Sorry it is too late as by clicking or installing the software that is already a past event.
CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
Actually now that
A Real Case Example
Let’s take an example of these clauses and without naming the software company. This protection is quite limited, in this case I would have paid $49.95 plus GST and that would be the extent of what I could recover.
YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE).
Not that attractive or worthwhile to pursue this particular organisation. To double check this I examined another major anti virus contract terms and found them to be amazing consistent. Here is another example:
IN NO CASE SHALL ABC OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE APPLICABLE SERVICE PERIOD
You also need to Act Fast
This is also the case that the time window is working against you to discover an issue with the average elapsed time to discover a breach being 200+ days.
For these Anti Virus Warranties there is also a limitation of 1 year to make any claim against the warranty:
No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
No coverage for Terrorists?
It is somewhat hard to believe but there is also an exclusion that relates to being a terrorist. But also if you happen to be Sir Richard Branson and involved in a rocket launch then you also are excluded by warranty terms from using such anti virus software:
USE OR FACILITATION OF ABC PRODUCT IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED
What about Updates?
You may recall that I noted the implied warranty that if you are buying an Antivirus that you get a level of protection and updates for new threats. I really struggled to find any reference in the warranty documents that talked to service level and that updates to new viruses would be provided within any time window.
Clearly these Anti Virus companies would get significant flak from their customers and lose creditability fast, if they are not able to act quickly.
But this is not part of the standard warranty protection at least at an expressed level.
I want out, so how can I do this?
Now that I’m aware of the terms and conditions, actually I’m not sure that I want to accept this. So what can I do?
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR “CLOSE WINDOW” BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT YOUR VENDOR OR CUSTOMER SERVICE, USING THE CONTACT DETAILS IN SECTION 11 OF THIS LICENSE AGREEMENT
Whoa, I have to do what again?……it is easy to click agree but there is a complicated process if you don’t agree and then it’s likely that you won’t get any joy around changing the T&C’s.
That fabulous expression “Caveat Emptor” really applies.