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CrowdStrike are responsible for causing the initial damage. Delta are responsible for not having good disaster recovery systems, and for purchasing CrowdStrike's software. It's worth checking for any warranty disclaimers, particularly disclaimers of the implied warranty of fitness for a particular purpose. If they exist, the software shouldn't be purchased. While the licenses to enterprises are private, their website's license explicitly disclaims such things as them installing viruses on your computer: > AS BETWEEN YOU AND CROWDSTRIKE, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED TO YOU BY CROWDSTRIKE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CROWDSTRIKE NOR ANY PERSON ASSOCIATED WITH CROWDSTRIKE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CROWDSTRIKE NOR ANYONE ASSOCIATED WITH CROWDSTRIKE REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE CONTENT OR ANY PRODUCTS, SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR‑FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. If your AV software's publicly facing website needs to disclaim liability for "viruses or other harmful components" that their site may serve up, you really ought to think twice about giving them money. After all, if it were a useful anti-virus then they wouldn't need to worry about people getting viruses from their own site, they'd just use their own product. |