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February 25, 2005 4:50 AM PST

Microsoft offers $5 windfall for errant software

  • 11 comments
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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 $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.


Related story
Microsoft says sorry
for AntiSpyware error

The company's anti-spyware
mistakenly blacklisted a
Dutch company's Web site.

According to the AntiSpyware Beta end-user license agreement (EULA), Microsoft will reimburse direct damages up to $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.

Most people's eyes glaze over when it comes time to read a software license agreement and simply click "yes" to authorize a new program to install. There are undoubtedly necessary tidbits of knowledge contained in the lines of legalese, such as whether one's privacy will be sacrificed in the name of annoying advertising. Still, most people skip to the end.

Proving the point that EULA's 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 $1,000, according to the company's Web site.

Microsoft's generosity falls into a slightly different category. The company offered the $5 under its limited liability clause. "You can recover from Microsoft and its suppliers your direct damages up to U.S. $5." However, "you cannot recover any consequential damages, lost profits, special, indirect or incidental damages from Microsoft," according to the EULA.

Microsoft did not immediately respond to a request for comment.

See more CNET content tagged:
EULA, anti-spyware, damage, agreement, Microsoft Corp.

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This is a joke right?
by unixrules February 25, 2005 7:33 AM PST
Hmmm. My entire life has been wiped out by some MS bug. Well, at least I can buy a six pack.
Reply to this comment
Slap in the face
by tocam27 February 25, 2005 7:45 AM PST
Five bucks?! That's an insult! What if I lose hundreds of dollars worth of stuff? Oh well at least I have five dollars...

So glad I use Linux.
Reply to this comment
um....... its beta?
by February 25, 2005 8:33 AM PST
why would you trust any beta software with a system with important data?
View all 2 replies
That's an insult
by Ubber geek June 7, 2007 9:16 AM PDT
http://www.analogstereo.com/fiat_idea_owners_manual.htm
My data worth $5, and they're legally indemnified?
by technewsjunkie February 25, 2005 9:54 AM PST
Such a deal.

How do they sleep at night?
Reply to this comment
um...... beta software is risky
by February 25, 2005 10:20 AM PST
why would you use it on a system with important information? you install beta and lose your system/data its your fault you should not be getting anything at all
Microsoft has (ab)used EULA in the past
by February 25, 2005 2:05 PM PST
http://bsdvault.net/article.php?sid=527&mode=&order=0
Reply to this comment
I agree
by Ubber geek June 7, 2007 9:19 AM PDT
http://www.analogstereo.com/peugeot_806_owners_manual.htm
there was perpetration but i wouldnt take the five
by February 26, 2005 1:21 AM PST
cant deny what already admitted
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