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ARTICLE · 13 NOVEMBER 2024

Diedrich V. Wolters Kluwer: An Examination Of Disclaimer Language In Software Agreements

Miller Thomson
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The case of Diedrich v. Wolters Kluwer, 2024 WL 291156 (S.D.N.Y. 2024) ("Diedrich"), provides key insights into the interpretation and enforceability of disclaimer language in software agreements...

CanadaLitigation, Mediation & Arbitration
David Schnurr
David Schnurr
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Introduction

The case of Diedrich v. Wolters Kluwer, 2024 WL 291156 (S.D.N.Y. 2024) ("Diedrich"), provides key insights into the interpretation and enforceability of disclaimer language in software agreements (e.g., software license agreements such as end-user license agreements or Software-as-a-Service (SaaS) agreements such as end-user services agreements), including implications for software agreements governed by federal and provincial laws in Canada. As technology increasingly permeates various sectors, understanding the legal implications of software agreements is crucial for both software providers and users.

Background of the Case

In Diedrich, the plaintiff, Diedrich, sought damages against the software provider, Wolters Kluwer, alleging that the software did not perform as promised, leading to financial losses. Diedrich's use of the software was governed by a clickwrap licensing agreement to which he assented when installing the software. Central to

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