What are the legal implications of a Windows (or other software) update that destroys user data?

Question

Law in IT

What is the responsibility of a large software company to legal entities using its software?
What happens if some update destroys user data on many computers or causes hardware failure?

Answer 1

Most likely none. Almost all EULAs contain a clause that the company does not bear any responsibility in such cases.

Answer 2

No responsibility, which is logical. What software vendor would sign up for this? And why would he?

Answer 3

read the Microsoft license agreement - in short, NO liability.
Here is the clipping:

26. LIMITATION AND EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE. You can recover only direct damages from Microsoft and its partners up to the amount you paid for the software. You cannot recover any other damages, including indirect, special, consequential, incidental, or loss of profits damages.

Maximum is the amount paid for the product itself ((

Answer 4

This is of course not a software manufacturer, but it may be useful to you.
The user manual of the Fly Marathon phone immediately warns:

Data stored in the phone's memory may be deleted due to rough
handling, phone repairs or software updates .

The manufacturer is not responsible for damage caused due to loss of data.

Answer 5

In such cases, usually nothing is reimbursed. The consequences may be under a support agreement (Oracle, for example, helped Sberbank to deal with problems), but such support costs an order of magnitude more than the operating system ...