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诺顿软件误杀案导致中国百万余台电脑瘫痪。受损用户可依质量瑕疵担保责任与产品责任两种不同途径索赔。前者之核心在于考察计算机软件许可协议的法律适用,及免责条款的效力。对于软件许可权人的瑕疵担保责任我国法律虽无直接规定,但依据相关民法原理与公平、效率的法理考量,及对相关法律制度的参照适用,软件的许可权人应当对被许可人承担质量瑕疵担保责任;后者之核心在于考察本案的相关情形是否符合产品责任的构成要件及其责任范围。当质量瑕疵担保责任与产品责任发生竞合,请求权人可以择一行使其权利。
Norton software manslaughter caused more than one million computers in China were paralyzed. Damaged users may claim compensation for quality defects and product liability. The former is at the heart of examining the legal application of computer software license agreements and the effectiveness of disclaimers. However, according to the relevant principles of civil law and fair and efficient legal consideration, as well as the reference to the relevant legal system, the licensor of the software shall bear the responsibility for the quality of the licensee Flaw guarantee responsibility; the latter’s core is to examine whether the relevant circumstances of the case meet the composition of the product liability and its responsibility. When the warranty for quality defects coincides with the product liability, the claimant may choose to exercise his / her rights.