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I found this in the license agreement for the JetBrains products:

12.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory "form contracts" ("adhesion contracts") regulations shall not be applicable to this Agreement.

Can they legally exclude the "adhesion contracts" regulations which are in place (at least AFAIK) for contracts exactly like these?

If it makes any difference: They state that the governing law will be that of the Czech Republic.

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They can state that the governing law will be Czech but if, for example, they sell a product into Australia, then Australian consumer law will also apply and this clause would be invalid as the statutory warranties that this law imposes cannot be excluded. Indeed, they have breached the misleading and deceptive conduct provisions of the ACL just by making this statement. If an action was brought in Australian court then it would be decided by ACL where this applies and Czech law where it doesn't.

In general, you cannot decide in advance which jurisdictions will decide that they have jurisdiction. Therefore, it is always better to make such exclusions subject to "To the extent permitted by law ..." if you have contracts that may be cross-jurisdictional.

  • Any idea what happens if an Australian company buys their software? I assume consumer law wouldn't apply? Of course a company could always send an order and add a note "an essential part of the purchase contract is that you agree your lawyers are pants, and all the nonsense you state on your website is void". Then they have the choice to deliver or not. Maybe some different wording. – gnasher729 Jan 31 '16 at 13:32
  • ACL applies to B2B transactions if the value of the transaction is 40,000 AUD or less. It always applies to B2C. – Dale M Jan 31 '16 at 19:21

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