A EULA defines how the end-user is to make use of the software when purchased and a SLA defines the quality and scope of the services, as in SAAS. There would be some clause(s) indemnifying the dev of consequential damages or losses as in the case, M.A. Mortenson Co. v. Timberline Software Corp, caused by the programming (a client database or patents compromise) right? Well, what if in any of thoses the developers didn't recognize there were some flaws in their software and distributed their software, what if at some point in the lifetime of the software excluding patches, fixes, updates, etc. there is some fault. You know what I mean? It doesn't matter. The damage would be done. And at that point you have some serious ramnifications.

So anyways thats what I meant by negligence per se.