Hi,

I'm aware that posts asking for legal advice or with legal discussions get locked quickly in this forum (and for good reasons), so before I ask my question, I want to point out that I'm not asking for legal advice/opinions, but about if a certain feature will be available in the XBLCG framework. So hopefully my thread won't get locked because of a misunderstanding on this front. For the same reason, I would like to ask any people who answer to refrain from discussing legal stuff, but please keep on topic about my actual question.

The background for my question is the following: Most software comes with some sort of license text and/or disclaimer about warranties etc. that a user needs to agree to (accept) before he can install and use the software. I have started to think that it would probably be a good idea to have something like that for my XBLCG games too, so that if for example some poor person gets an epileptic seizure while playing my game, I hope to be covered against attempts to sue for damages (at least to some extend).
Of course I could include some sort of license text/disclaimer in my game, that a player must agree to before he can play. I fear however, that in many legal systems, a license that is presented to you after you actually purchase the product (without a possibility for a refund) does not have much legal value. If you didn't know about the license conditions when purchasing, and now that you are made aware of the conditions when you start the game, in case you do not agree there still is no way for you to say "OK, then I don't want to play this, so please take it back and refund me my money", then in such a situation the license probably isn't worth the electronic paper it isn't written on. (I'm explaining all this for a better illustration of my question below only - please do not view this as legal facts, as I myself have no idea if anything I wrote above is actually true.)

Again: Please do not discuss if this personal opinion of mine about licenses/disclaimers has any legal merit, or if it is total bogus, or whatever (as this would count as legal advice/discussion), but instead, please keep to my actual question (which I guess is a question for someone in the actual XNA team, as I assume that other "normal" community members like me won't be able to answer this either - but maybe it has been mentioned at Gamefest or somewhere else?):

Will the XBLCG publishing framework contain some sort of feature that allows me (as the game cerator/publisher) to define a license/disclaimer text that the user must agree to before he can purchase the game?

Or, alternatively, are the games that are published via XBLCG maybe already covered by similar license/disclaimer statements in the standard "XBL terms of use", so that I don't have to worry about including them in my game again?

Or if not, are there any plans of reworking the XBL terms of use for the XBLCG launch to include XBLCG games in these terms of use in such a fashion, that as a creator/publisher I don't have to worry about the legal issues myself?

Again, I'm not asking for a legal interpretation of the "terms of use", but a simple "Yes, this is already there/is planned" or "No, you have to cover your own behind", or alternatively "We don't know yet" would be sufficient.

If none of these options are available or planned, do you think that it would be a good idea to log a suggestion for this in Microsoft Connect?

Doc