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U.S. Court Ruling Nixes EULA Sales Restrictions
Raziel writes: "The Register is reporting in this article that a district court has ruled in favour of "software users that wish to extricate themselves from restrictive software licenses". The case in question is Adobe vs Softman, and in its ruling, the District of California seems to vacate Adobe's claims of "irrepairable damage" caused by the resale of Adobe products without forcing the use of Adobe's registration process. The full ruling is available in PDF format here. Any chance of a precedent here?" You can also read the Don Marti piece piece that sparked this discussion.
ruling against adobe.. in adobe pdf format.
Hmmm ... the PDF I read didn't say one bad thing about Adobe.
Since the EULA is neither presented nor signed at the time of purchase, it doesn't have bearing on the transaction.
Just in time for the holidays...
"Yes, Virginia. There is a federal judge who's managed to avoid rectally contricting his cranial blood flow."
Need a UNIX/Linux/network guru in the Boulde
Wow, software becoming a resalable good! Maybe if Microsoft settles "for the children" the schools will be able to sell the software they get and buy something they can use, like science books that discuss new topics like evolution and the fact that disease is not caused by evil spirits (Offer void in KS).
Why can't I moderate something "Wrong" or at least "Grossly Misinformed"?
"The case in question is Adobe vs Softman..."
"The full ruling is available in PDF format here."
Was that intentionally?
END-USER LICENSE AGREEMENT FOR Widget Motor Cars
Widget Motor Cars Model A
This End-User License Agreement for Widget Motor Cars ("EULA") is a legal agreement between you (either an individual or an entity) and Widget Corporation for the Widget Motor Cars product identified above, which includes a motor vehicle, printed materials, and may include other material such as seats, mirrors, and windows depending on which options you chose ("CAR"). By starting your new CAR or otherwise using the CAR, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not start or use the CAR.
The CAR is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The CAR is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following limited, revocable, non- exclusive, nontransferable, royalty-free license rights:
1.1 You may use the CAR in for the sole purposes of (a) driving, towing, and riding. You may not use the CAR to drive to a competitors establishment. You may not drive your car to any fueling station not explicitly approved by Widget. You may not repair or modify CAR without explicit approval from Widget. Any repair techniques or modifications you design for CAR will default to ownership by Widget.
1.2 The design internal architecture of the CAR is Widget's confidential information, and you agree not to disclose or provide any CAR operating or repair instructions to any third party without Widget's express written permission therefor. You may disclose the CAR operating and repair instructions only to your household family members or employees who have a need to know in order to accomplish the purposes identified in Section 1.1. Such use of the CAR shall take place solely at your in your presence, and you will have executed appropriate written agreements with such household members or employees sufficient to enable you to comply with the terms of this EULA. You will maintain a list of all household members or employees who have had access to the CAR related information. This provision shall survive the termination or expiration of this EULA.
1.3 The CAR contains consumer grade parts that are not at the level of performance and compatibility of professional grade products. The CAR may not operate correctly, and may need to be substantially modified by Widget. Widget is not obligated to make this or any later modification of the CAR freely available. In the event you discover a design flaw with CAR you may not publish, or disclose the information to anyone but Widget.
1.4 The CAR is designed to last exactly 3 years at which time you are required to return CAR to the place of lease for a replacement. If you do not replace CAR you are required to return CAR to the place of lease for disposal.
1.5 Widget and its suppliers retain title and all ownership rights to the CAR. All rights not expressly granted herein are reserved to Widget.
1.6 You may
2. COPYRIGHT. All rights, title, and copyrights in and to the CAR (including, but not limited to, any parts, paint, belts, and electronics incorporated into the CAR) and any copies of the CAR are owned by Widget or its suppliers. The CAR is protected by copyright laws and international treaty provisions. Therefore, you must treat the CAR like any other copyrighted material.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
3.1 You may not reverse-engineer, repair, or disassemble CAR, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3.2 Without prejudice to any other rights, Widget may terminate this EULA if you fail to comply with any of its terms and conditions by notifying you in writing. Upon receipt of such notice, you must promptly return the CAR and any part thereof, and certify in writing to Widget that this has been accomplished.
3.3 You may not sell, resell, rent, lease, lend or otherwise transfer for value, the CAR except as expressly allowed by this EULA.
3.4 Widget is not obligated to provide you with technical support, upgrades, repairs, or related information for the CAR ("Support Services") under this EULA. However, if Widget in its sole discretion provides you with any Support Services for the CAR, such material shall be deemed included as part of the CAR, and in any event governed by this EULA unless other terms of use are provided by Widget with such Support Services. Furthermore, Widget is not obligated to continue to make the CAR commercially available, and in no event shall Widget be obligated to provide you with a newer version of the CAR under this EULA. You may from time to time provide suggestions, comments or other feedback to Widget concerning your experience with or use of the CAR ("Feedback"). Both parties agree that all Feedback is and shall be given entirely voluntarily, and Widget shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. Feedback, even if designated as confidential by you, shall not, absent a separate written agreement, create any confidentiality obligation for Widget, except that Widget will not utilize Feedback in a form that personally identifies you.
4. DISCLAIMER OF WARRANTIES; EXCLUSION OF DAMAGES: LIABILITY LIMITATIONS
4.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Widget AND ITS SUPPLIERS PROVIDE THE CAR, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE CAR ("SUPPORT SERVICES"), "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE CAR, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT, WITH REGARD TO THE CAR. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE CAR AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
4.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Widget OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE CAR, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Widget OR ANY SUPPLIER, AND EVEN IF Widget HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4.3 Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Widget and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to Five U.S. Dollars ($5.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
5. MISCELLANEOUS
5.1 All CAR provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All CAR provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
5.2 THE CAR MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has contractually obligated Widget to make this disclaimer.
5.3 You agree not to export or re-export the CAR, any part thereof, or any process or service that is the direct product of the CAR (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (a) to any country to which the U.S. has embargoed or restricted the export of goods or services, which may currently include, but are not necessarily limited to, Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (b) to any end-user who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (c) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
5.4 If you acquired this product in the United States, this EULA shall be construed and controlled by the laws of the State of Washington without regard to conflicts of law. If this product was acquired outside the United States, local law may apply. If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada, and each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation that may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
5.5 Should you have any questions concerning this EULA, or if you desire to contact Widget for any reason, please send email to eula@Widget.com or write: Widget Research, One Widget Way, Redmond, WA 98052-6399.
If so, then Isn't it Ironic is a rare example of meta-irony in art (or pop).
And isn't it ironic that Isn't it Ironic, by being meta-ironic rather than simply ironic, further confused people about what is and isn't ironic?