a thought just occured to me that even though the hacker stole the program from your server, he would still have to accept your EULA during installation, wouldn't he? I think most EULA's mention something to the effect that the vendor accepts no responsibility for any damage that may occur by installation and use of said program...so wouldn't that release you from repercussions if the program did flush his hard disk? I could be wrong, but it's a thought ;P

Say what you mean and mean what you say.