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This case may be applicable:
http://yro.slashdot.org/article.pl?sid=03/01/18/149224&mode=thread
If it's a BETA license agreement, that could be a different kettle of fish.
Those licenses often have nondisclosure clauses: you're granted the
privilege of using the beta as long as you keep quiet about the
(mis)features. Those a court would probably uphold.
Of course there's the cost of attorney's should you get sued even
frivolously, so...
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