Monday, September 3, 2012

iBookstore agreement: Do you really understand the fine print?

I'm in the process of posting one of my books (Dropbox In 30 Minutes) to Apple's iBookstore, using iTunes Connect. Apple's software platforms are heavily lawyered, and iBookstore is no exception: It's 13,585 words long, which would take between 30 minutes and an hour to read.

As an author, even if you did read everything, would you understand it? Here's just one paragraph:

APPLE, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO VOLUME VOUCHERS, THE VOLUME PURCHASE PROGRAM, THE APP STORE OR THE ITUNES STORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A VOLUME VOUCHER IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH VOLUME VOUCHER. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

I kind of get the gist of it -- Apple is not making any guarantees regarding the voucher program -- but then it dissolves into vague lawyerese at the end. I don't quite understand it, but what choice do I have? What choice do any of us have, when we "agree" to a software license, or EULA, or terms, or TOS, or 50-page legal document?

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