The trick is to add a clause saying something like “if any part of this contract were found to be unenforceable, that part of the contract will be struck out and the rest remain valid”.
That way you can add all sort of weird requirements to a contract, and if in some country, circumstance, or at a future date, some of them turn out to be BS… whatever, you tried, and if anyone didn’t sue you because they thought it was valid, then so much better for you.
Severability is standard boilerplate. As is waiving of all liability (essentially in perpetuity, even if not stated as such), incidental and consequential damage, and indemnification of the writing party against any and all claims. This is a mole hill on the landscape of click-through licensing fuckery.
I don’t think such blanket waivers are valid under many jurisdictions. The companies are putting such clauses to get an upper hand, just in case some courts are willing to consider it. Honestly though, such clauses should be considered grossly exploitative and made outright illegal.
Easy solution don’t use it!
Honesty though aren’t there laws to prevent companies from behaving like this, or are they paying the law makers too well.
The trick is to add a clause saying something like “if any part of this contract were found to be unenforceable, that part of the contract will be struck out and the rest remain valid”.
That way you can add all sort of weird requirements to a contract, and if in some country, circumstance, or at a future date, some of them turn out to be BS… whatever, you tried, and if anyone didn’t sue you because they thought it was valid, then so much better for you.
Severability is standard boilerplate. As is waiving of all liability (essentially in perpetuity, even if not stated as such), incidental and consequential damage, and indemnification of the writing party against any and all claims. This is a mole hill on the landscape of click-through licensing fuckery.
I don’t think such blanket waivers are valid under many jurisdictions. The companies are putting such clauses to get an upper hand, just in case some courts are willing to consider it. Honestly though, such clauses should be considered grossly exploitative and made outright illegal.