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 Originally Posted by vnmous1
In fact, they go to great lengths to do just the opposite:
PALM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES, DEVICE OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. PALM ASSUMES NO RESPONSIBILITY FOR THE DELETION OR NON-DELETION OF DATA (FOR EXAMPLE, IN CONNECTION WITH A REMOTE WIPE SERVICE), LOSS OF DATA, MIS-TRANSFER OR FAILURE TO TRANSFER DATA, USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS IN CONNECTION WITH THE SERVICES, DEVICE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PALM EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT OR NON-INFRINGEMENT. IF YOU ARE DEALING AS A CONSUMER IN THE EUROPEAN ECONOMIC AREA OR SWITZERLAND, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS.
Seems pretty clear to me. Palm/Sprint attorneys will place a copy of this on a judge's desk and it'll all be over.
bj
While it's clear as day that, due to this passage (good find BTW), they've got a good cover, the attorney can then take the angle of false advertising. Palm really does make a big issue that your data is secure in the cloud. Would it be valid to question either the contract stipulation or the advertising as being conflicting? I think so. Will it hold up in court? Can't say, but I think there's enough in question that the judge will allow a hearing to continue.
While I don't want to see Palm fail, and there's no way that damages following this case are likely to be all that painful to Palm given the small scope of the effected users, what this does is put front and center the necessity for Palm to provide a user-side backup solution to it's customers. I can't see much bad coming out of this. Perhaps it was more of a chess move on Jason Standiford's part (with help from a lawyer friend?) to get this issue pushed out into the public arena. A true backup solution uses multiple points of security so that if one fails, you're still good. Armies don't operate out of a single base in a theater, nor should data redundancy. I'm personally of the belief this will benefit us all.
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