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Summary:

MacSlash is running a story on AppleCare’s position on installing beta software. More importantly, this discussion points out this nice tidbit in the EULA: SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT […]

MacSlash is running a story on AppleCare’s position on installing beta software. More importantly, this discussion points out this nice tidbit in the EULA:
SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

In English: If it breaks your Mac we aren’t paying for it.

  1. I think the most telling thing was posted by gesteves in the comments to the MacSlash thread that Todd links to above (can’t figure out how to link to a specific comment). Anyway, gesteves pointss out that the same sentence is in the license agreement for TIger, so all it is is standard Apple software EULA boilerplate. No story here. It would be nice though if Apple would just come right out and say what I take to be the upshot of this: that if you install Windows and it trashes your hard drive/data we’re not responsible, but Applecare still applies to hardware.

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  2. Yeah, as Mat says, this is a bit of a non-story. All EULAs have this kind of disclaimer, if not this exact wording. It only comes as a surprise to people because they never read them, but, well, EULAs have been screwing users over for years.

    Whether they are enforceable or not is another matter, of course – the UK has the Unfair Contract Terms Act 1977 which might be of use in any attempt to challenge a EULA’s terms, although I have not read it, so I couldn’t comment further. The key test is always reasonableness – if I include a term which states “If you copy this game illegally, I reserve the right to kill you and your immediate family”, that would likely be considered unreasonable, but whether one can use a EULA to disclaim all liability for, say, formatting a user’s hard drive is another matter. Apple has prior art on this, so to speak. The Installer for iTunes 2 was known to wipe whole volumes, and I am sure I recall a Sierra uninstaller deleting every directory in the path to the game’s install directory (i.e. C:Games as well as C:GamesSierra).

    Oh, and there is also the issue of the legal validity of a contract which is not physically signed in the presence of a witness. But anyway…

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  3. EULA’s in the UK are unenforceable. The basis being you can’t make a decision based upon a promise until you have actually tried the product.

    Probably diferent in the US where they promise something and then expect you to agree to it before delivery.

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  4. As Mat said above, the only thing they’re saying they wont cover is software if a) bootcamp does something strange to your system or b) microsoft totally shafts you in typical windows xp fashion. The parts and labor warranty on the hardware is totally different, and, at least to me, is all that really matters.

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  5. Well, as long as you keep backups of everything thats important to you then who cares if the software messes up, you can always to a clean reinstall. Apple wouldn’t publicly release a beta version of something that messes up their chances of overthrowing the likes of Dell and HP in the personal computer market. Just think how many windows users are gonna buy Macs and realise that OSX is so much more reliable than Windows anyway! Unless Microsoft jump on the band wagon to offer support to Windows on a Mac, they’re doomed in a huge way.

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  6. It does not void your machines Warranty. What it does is cover Apple incase something goes horribly wrong with the install and people phone them up going ‘hey fix my machine’.

    The chances of this trashing your Logic Board or something are pretty damn small if maybe even non-existant.

    If you have hardware failure then you would be covered under your warranty surely!

    I honestly don’t think Apple would release a piece of software, beta or not, that would suddenly release them from their Warranty obligations!

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