Comment: Re:Explaining software patents to the patent lawye (Score 1) 248
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Pedantic, but I've always wondered why that phrase was necessary. In a contract with a severance clause (like every EULA ever), if the exclusion isn't legal, it just gets severed from the contract and the rest remains in full force. So why specifically mention it?
Two possible reasons:
1. Even with severability, there is the question of how much of the contract remains in force. This clause tries to define the portion of the contract that will be severed.
2. Even with a severance clause, you may not have a severable contract. The judge may just decide it's not severable: a contract is between two people, it has no
power to tell the courts what legal reasoning they must apply in a dispute.