A Model End Vendor License Agreement

Teese writes "Low End Mac is presenting this article as a humor piece, but its vision of an End Vendor License Agreement seems to be pretty well thought out, and one that I wouldn't mind seeing in the real world."

Comments

stop payment? I have a better idea....

[kaltkalt]

"if you violate any of these terms we will stop payment" ... huh? What if they violate the EVLA 6 months after you buy the software? How can you stop payment then? You can't. You'd have to sue.

I have a better idea. Make them agree that when you pay them, you are only giving them A LICENSE to use your money. You can revoke that license (i.e. get your money back) at any time, and for any reason. Would there be a failure of consideration (thus making the contract void for ya non-legal peeps)? No, due to time value of money. You get the money back, but not with interest. So they did get some consideration - the use of your money until you ask for it back.

Yeah, you'd still probably have to sue them to get them to quit pirating your money (violating the license agreement), but we can start a BSA type group to enforce such horrible, criminal violations on a large scale. I mean, come on.... taking a license to use someone's money and not giving the money back when the license is revoked is .. well it's sorta kinda like breaking into their house and stealing the money from their piggybank. Damn, I am a genius today.

Re:stop payment? I have a better idea....

[kaltkalt]

quit modding it funny... i'm serious. If I buy their software and only get a license to use it, then I'll give them a license to use my money. It's still my money (just like it's still their software). If we all agree that we will not buy any software unless they accept this condition, we'll make the world a better place. Birds will sing all day long. Chipmunks and pitbulls will play together.

Send them the EVLA after purchase

[rollingcalf]

They don't let us see the EULA until after we purchase the product, so we don't have to let them to see the EVLA until after purchase either.

Just write up your own EVLA and mail it to them, remembering to include the following:

If you do not accept the terms of this agreement, you have 14 days to reimburse the purchase price plus sales taxes and the software product will be returned to you. Failure to return the money within 14 days indicates acceptance of the agreement, which supercedes all End User Licensing Agreements past, present or future.

Then if the manufacturer ever gets around to replying to you, tell them you are not responsible for returning the product; the store where you bought it will send them one. Or if the store contacts you, direct them to the manufacturer.