The Comments to this provision acknowledge the validity of confidentiality clauses, but indicate that in a mass market context, such a restriction might be challenged. In any event, parties cannot force a foreign court to hear a contract dispute over which it has no jurisdiction. The common law doctrine of unconscionability allows courts to invalidate such terms. In fact, the opposite is true. The Uniform Commercial Code Article 2, which governs sales of goods, allows warranties to be entirely disclaimed.
Some states have a different rule for sales of goods to consumers.
If this rule were to be applied to software, consumers in these states might find suppliers reluctant to offer them freeware. See FAQs - Warranties. Application software is now being written for Linux by public corporations, including IBM, as well as by various open-source software developers. Much of this software is also distributed without a warranty. Some recently successful IPOs have been companies which write software for the Linux operating platform.