Thank you. Reading your comment, and then the link in nullc's comment, where the warranty language is included at para 110, it is clear that the warranty is not actually the issue but the disclaimer of liability.

I wonder if the license were modified to add, "if you do not agree to these terms you do not have a grant of license for this software."

Separately, when I look at the case, it seems to be a provision of service issue, so the software itself should be a red herring. Of course anything can happen in a lawsuit, even one that appears to be as illegitimate as this one.