<div dir="ltr">Sounds fine since your limit of liability is to fix the code. I've seen this before but have always attached a duration to it, like you'll support it for six months or something post production.<br>
<br>Always have a lawyer review your contracts ;).<br><br>Kevin<br><br><div class="gmail_quote">On Wed, Aug 6, 2008 at 5:06 PM, Morbus Iff <span dir="ltr"><<a href="mailto:morbus@disobey.com">morbus@disobey.com</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;"><br>
I've been writing software (for hire or otherwise) for ten years or so.<br>
<br>
I've never run into an instance, or heard of a case where, once a piece<br>
of software has been "shipped" or "finished", the developer of that<br>
software is liable for Things That Go Wrong With It. (I'm exempting<br>
trojans and viruses, etc. - assume legitimate software here).<br>
<br>
Specifically, I've received a contract for a new job which states that I<br>
(as the Consultant) would be financially liable for any bugs in my<br>
created Drupal code. I balked that I'd never heard of such a thing<br>
before and received a revised version which now reads like this:<br>
<br>
"The Consultant will also be responsible for any damage, loss or<br>
liability (whether criminal or civil) of or suffered by the<br>
Company ... in connection with any act or omission of the<br>
Consultant ... In order to compensate for this, the Consultant<br>
agrees to resolve any issue with his code (and his code only)<br>
as it arises at no additional cost to the Company. Correcting<br>
the problem code is the limit of liability to which the<br>
Consultant will be held."<br>
<br>
I'm still cautious about this - while the final two lines state that my<br>
only liability is fixing bugs for free (which is perfectly fine with<br>
me), the first line still contains scares like "civil" and "criminal<br>
liability", "damage" and "loss". Being "responsible" for "loss" still<br>
sounds like I'd pay money if "problem code" caused financial damage.<br>
<br>
A few questions:<br>
<br>
* has anyone else seen something like this?<br>
<br>
* has anyone else /agreed/ to something like this?<br>
<br>
* are my worries about financial responsibility accurate?<br>
<br>
* how should I respond to this?<br>
<br>
--<br>
<font color="#888888">Morbus Iff ( and think about the bad things that I didn't do )<br>
Technical: <a href="http://www.oreillynet.com/pub/au/779" target="_blank">http://www.oreillynet.com/pub/au/779</a><br>
Enjoy: <a href="http://www.disobey.com/" target="_blank">http://www.disobey.com/</a> and <a href="http://www.videounderbelly.com/" target="_blank">http://www.videounderbelly.com/</a><br>
aim: akaMorbus / skype: morbusiff / icq: 2927491 / <a href="http://jabber.org" target="_blank">jabber.org</a>: morbus<br>
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</font></blockquote></div><br></div>