From: "Peter O. Brackett"
Subject: Re: Registered professional engineer?
Date: Sun, 22 Sep 2002 12:22:14 -0400
Organization: MindSpring Enterprises
References: <3D8CDE33.6040503@BOGUS.earthlink.net> <3D8D2519.8080409@BOGUS.earthlink.net> <3D8D345C.F24B7DE0@xympatico.ca>
X-Server-Date: 22 Sep 2002 16:22:13 GMT
X-Newsreader: Microsoft Outlook Express 5.00.2919.6600
> You can not normally waive safety liability, especially in a consumer
> transaction. It goes against public policy. In addition, in the UK, it
> is actually a *criminal* offence to attempt to waive a consumers
> statuary rights, that's why companies that know the law will usually
> state "your statutory rights are not effected".
> Kevin Aylward
> SuperSpice, a very affordable Mixed-Mode
> Windows Simulator with Schematic Capture,
> Waveform Display, FFT's and Filter Design.
Heh, heh... Well in theory you cannot make a consumer waive such rights in
some countries, but...
"In theory, theory and practice are the same, but in practice they are
different." --Yogi Bera
Kevin you well know that there is a blatent attempt, by most software
vendors, to do just this each and every time an intended user [victim?]
either, breaks the seal on a shrink wrapped piece of software or, clicks on
the "I accept" button during a software "setup". The typical statement, in
unassuming small print I believe goes something like the following which I
paraphrase: "If the user do not accept the terms of this license then
he/she must return it [unopened] for a full refund of the purchase price."
Heh, heh... Caveat Emptor.
For anyone who is wise enough to practice "Caveat Emptor" it is possible to
investigate some popular software products, but only the most knowledgeable
would be able to access such data. For actual examples of potentially
harmful deficiencies in just one popular package cfr:
Don't get me wrong, I am not against inexpensive [cheap] untested and
unreliable software, I use much of it myself, I have written this kind of
software myself, and I am pleased to do so. But in my case, as a
Professional, I make the deficiencies and risks clearly obvious and try not
to obfuscate. But then I am a knowledgeable user/creator of software and
fully able to test the limits of software that I use for engineering
purposes and willing to take and accept the attendant risks.
Such is not true for many naive users though.
I abhor the unmitigated gall of most software vendors [led by MicroShaft's
non-professional example] with their "pretense" that they are really selling
high quality stuff, when clearly they are not! What is it that The Chairman
often says, "We make great software!"
Let me recall now...
Kevin are you not a software vendor yourself? What is your policy?
Do you pass the responsibility for errors and omissions in the core Spice
code within SuperSpice back to those academics/grad students at UC Berkeley
and GA Tech who threw it together... or... could a user absolutely depend
upon SuperSpice simulations to guarantee the non-fatal behaviour of a
cardiac heart pacer designed using SuperSpice simulations?
What is your advice to the SuperSpice consumer?
Indialantic By-the-Sea, FL.