Software warranties: what you see may not be what you get

Every sale or lease of a computer program involves a number of legally binding promises that a number of factual conditions are true. If these promises, legally called warranties, are not true, and you do not get what you see, then you may be entitled to certain damages. Sellers, knowing about their liability for such damages, try to minimize their exposure to them. They do this by trying to deny the availability of the warranties with disclaimers and by attempting to condition and limit any damages for which they might be held responsible. Whether you can make sure that what you see is what the seller gives you depends upon many factors. These factors include whether the software is for business or personal use, whether it is packaged or customized, the type of damage you suffered, whether the promise or warranty was implied or was express, and whether the seller has made a proper disclaimer or limitation of damage.