Hou-Tex

This is an appeal from a summary judgment awarded to Landmark Graphics, the owner and licensor of a software program called SeisVision. Appellee Hou-Tex, Inc. is an oil and gas company who drilled a dry hole after its geological contractor helped choose the drilling site by using the SeisVision software. Hou-Tex appeals in seven points of error, contending that (1) Landmark Graphics owed it a legal duty; (2) the geological contractor learned about a "bug" in SeisVision only after the dry well had been drilled and abandoned; (3) a fact issue exists about Landmark's disclaimers and their applicability to Hou-Tex's warranty claims; (4) an "as is" clause in the software license is inapplicable to Hou-Tex; (5) the "as is" clause is an invalid waiver and disclaimer under the Texas Deceptive Trade Practices Act; and (6) and (7) a summary judgment affidavit was inadmissible as evidence.