Burton wrote: > I can't imagine that these disclaimers would hold up. At best, these > disclaimers seem to be an offer, in the contract law sense. > But the essence > of contract law is two (or more) parties of reasonably equal > ability to > contract and an agreement (with evidence, such as action > according to the > contract or signatures).
What about Software Licenses? Does the licensee have a "reasonably equal ability" to modify the terms of the contract? No, it's a "take it or leave it" situation. Perhaps the same logic applies to the disclaimer: If you don't agree, send-back or delete the email. Personally, I think you're right and that these disclaimers are just silly (bordering on arrogant) and unenforceable. But I feel the same about most software licenses, and somehow they manage to persist.
