Bob,an Attorney,purchased Licensed Software from Bill Able Inc

question 5

Multiple Choice

Bob,an attorney,purchased licensed software from Bill Able Inc.to prepare his clients' invoices online.The shrinkwrap packaging for the program disks and the software manuals contained a limitations of remedies clause which limited the buyer's remedies to the $50.00 purchase price of the software.Bob later discovered that his invoices for the past year were too low due to a malfunction in the software,costing him over $10,000 in lost revenue.Bob sues Bill Able Inc.for breach of warranty.What is the likely result?

• A) Bob wins because he has equal bargaining power with Bill Able,Inc.
• B) Bob wins because such shrinkwrap limitations of remedies clauses are generally unenforceable.
• C) Bob loses because the court will likely view the limitations of remedies clause as conscionable and enforceable.
• D) Bob loses because the disclaimer is effective.

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Definitions:

Bourbon

A type of American whiskey distilled from corn and aged in oak barrels, known for its distinct flavor profile.

Dying Process

The final phase of a person’s life, encompassing both physiological and psychological changes leading to death.

Participate in Care

Encouraging patients or clients to be actively involved in their own healthcare processes for better outcomes and satisfaction.

Death Rattle

A term used to describe the specific sound arising from the throat of a dying individual, due to the accumulation of mucous and fluids.