The judge noted in his judgment of the case that the Entire Agreement Clause failed to explicitly cover EDS from claims of negligent misrepresentation.
I guess I'm not really cut out to be a lawyer; I can't really imagine having the gall necessary to demand a clause in a contract protecting me from "negligent misrepresentation" ...
That's what I thought as well. Putting a clause like that in contract says to me, "It's possible we'll do this so badly you will sue us." I'm not sure I'd want to do business with a company like that.
I guess I'm not really cut out to be a lawyer; I can't really imagine having the gall necessary to demand a clause in a contract protecting me from "negligent misrepresentation" ...