What is the name of your state (only U.S. law)? VA
So I recently upgraded to Windows 7 and duly updated the drivers for my gfx card (an Nvidia 8800 gts). Since the update, I experienced worsening crashes until finally the card has stopped operating entirely.
Assuming for a moment that the drivers caused the meltdown (which I understand is not necessarily true), this language in the license seems to foreclose a suit against Nvidia for this kind of thing:
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
According to an earlier part of the license, the law of California is assumed to apply. Does anyone know the extent to which corps in California are allowed to disclaim the warranty of merchantability or fitness? If I could prove that their software actually caused damage to my property, would I still be SOL b/c of this disclaimer?
Thanks,
Unquist
So I recently upgraded to Windows 7 and duly updated the drivers for my gfx card (an Nvidia 8800 gts). Since the update, I experienced worsening crashes until finally the card has stopped operating entirely.
Assuming for a moment that the drivers caused the meltdown (which I understand is not necessarily true), this language in the license seems to foreclose a suit against Nvidia for this kind of thing:
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
According to an earlier part of the license, the law of California is assumed to apply. Does anyone know the extent to which corps in California are allowed to disclaim the warranty of merchantability or fitness? If I could prove that their software actually caused damage to my property, would I still be SOL b/c of this disclaimer?
Thanks,
Unquist