I've got a hunch that you'd come up on the losing end should the issue go to trial. That's sort of like a printing company saying "We put the required text on the printing plate, so we fulfilled our contractual obligation. However, since the printing plate was 14 inches wide and the paper was only 11 inches wide, and the required text was on the edge of the printing plate, it didn't ever actually show up on the printed page."
"Please give us a simple answer, so that we don't have to think, because if we think, we might find answers that don't fit the way we want the world to be."
~ Terry Pratchett in Nation