Chez Microsoft :
( http://studentlicence.one.microsoft.com/DevLegal.asp(...) )
"LIMITED EXPRESS WARRANTY . The Software is designed and offered as a general-purpose product, not for any user's particular purpose. You accept that no software product is error free. Microsoft warrants that a) for a period of 90 days from the date of receipt of your fulfillment kit, the Software will perform substantially in accordance with the written materials that accompany it; and b) any support services provided by Microsoft shall be substantially as described in applicable written materials provided to you by Microsoft and Microsoft support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this Limited Warranty, Microsoft will at its option either (a) repair or replace the Software or (b) return the price you paid. This Limited Warranty is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer.
Microsoft makes no other warranties or promises about the Software.
LIMITATIONS. The following limitations do not apply to direct personal injury or death caused by Microsoft's negligence. To the extent you could have avoided loss or damage by taking reasonable care, including backing up your software and files, Microsoft will not be liable for such loss or damage. You must provide proof of purchase if requested by Microsoft.
If you are dealing as a consumer: Microsoft and its suppliers will not have any liability for losses related to your business, such as lost data, lost profits or business interruption. This warranty does not affect any statutory rights that you may have against Microsoft or the reseller that sold you the Software.
Statutory Rights. Any statutory rights you may have against Microsoft or the reseller from whom you purchased the Software and/or the Support Services are not affected.
Country Specific Provisions: If you purchased the licence to use the Software product in any of the countries listed below, the following provisions apply:
Belgium The provisions of this Agreement are without prejudice to the legal warranty for hidden defects that you may be entitled to under article 1641 et seq. of the Belgian Civil Code.
Denmark If you acquired the Software as a consumer, Microsoft warrants that the product will perform substantially in accordance with the accompanying written materials for one year from the date you first acquire a licence to use the product.
Finland The above warranty and liability limitations do not apply in the case of any willful or gross misconduct of Microsoft.
France The provisions of this Agreement are without prejudice to the legal warranty for hidden defects that you may be entitled to under article 1641 et seq. of the French Civil Code.
Germany The Limited Express Warranty in respect of the Software is given to you by Microsoft as manufacturer. The warranties and limitation of liability in respect of Support Services are governed by applicable German Statute. Microsoft does not limit its liability for valid claims made under the German product liability law. "
Vu dans un autre EULA :
"(c) SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. "
Bref, l'Allemagne a peut-être effectivement une législation plus restrictive que la France, qui à part pour les vices cachés et les blessures/morts d'homme est très (trop?) libre, de ce côté-là. Ces détails juridiques sont donc précisés dans les licenses propriétaires (ce qui est passé inaperçu pour la plupart des personnes, moi y compris) ! N'étant pas spécialiste, je ne me prononcerais pas sur la validité juridique des points (11) et (12) de la GNU GPL...
[^] # Re: Les licences Open Source en question en Allemagne.
Posté par xentyr . En réponse à la dépêche Les licences Open Source en question en Allemagne.. Évalué à 6.
( http://studentlicence.one.microsoft.com/DevLegal.asp(...) )
"LIMITED EXPRESS WARRANTY . The Software is designed and offered as a general-purpose product, not for any user's particular purpose. You accept that no software product is error free. Microsoft warrants that a) for a period of 90 days from the date of receipt of your fulfillment kit, the Software will perform substantially in accordance with the written materials that accompany it; and b) any support services provided by Microsoft shall be substantially as described in applicable written materials provided to you by Microsoft and Microsoft support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this Limited Warranty, Microsoft will at its option either (a) repair or replace the Software or (b) return the price you paid. This Limited Warranty is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer.
Microsoft makes no other warranties or promises about the Software.
LIMITATIONS. The following limitations do not apply to direct personal injury or death caused by Microsoft's negligence. To the extent you could have avoided loss or damage by taking reasonable care, including backing up your software and files, Microsoft will not be liable for such loss or damage. You must provide proof of purchase if requested by Microsoft.
If you are dealing as a consumer: Microsoft and its suppliers will not have any liability for losses related to your business, such as lost data, lost profits or business interruption. This warranty does not affect any statutory rights that you may have against Microsoft or the reseller that sold you the Software.
Statutory Rights. Any statutory rights you may have against Microsoft or the reseller from whom you purchased the Software and/or the Support Services are not affected.
Country Specific Provisions: If you purchased the licence to use the Software product in any of the countries listed below, the following provisions apply:
Belgium The provisions of this Agreement are without prejudice to the legal warranty for hidden defects that you may be entitled to under article 1641 et seq. of the Belgian Civil Code.
Denmark If you acquired the Software as a consumer, Microsoft warrants that the product will perform substantially in accordance with the accompanying written materials for one year from the date you first acquire a licence to use the product.
Finland The above warranty and liability limitations do not apply in the case of any willful or gross misconduct of Microsoft.
France The provisions of this Agreement are without prejudice to the legal warranty for hidden defects that you may be entitled to under article 1641 et seq. of the French Civil Code.
Germany The Limited Express Warranty in respect of the Software is given to you by Microsoft as manufacturer. The warranties and limitation of liability in respect of Support Services are governed by applicable German Statute. Microsoft does not limit its liability for valid claims made under the German product liability law. "
Vu dans un autre EULA :
"(c) SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. "
Bref, l'Allemagne a peut-être effectivement une législation plus restrictive que la France, qui à part pour les vices cachés et les blessures/morts d'homme est très (trop?) libre, de ce côté-là. Ces détails juridiques sont donc précisés dans les licenses propriétaires (ce qui est passé inaperçu pour la plupart des personnes, moi y compris) ! N'étant pas spécialiste, je ne me prononcerais pas sur la validité juridique des points (11) et (12) de la GNU GPL...