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

EVLA

[Durin_Deathless]

Kinda has a ring to it, but is this practical? I don't see anything like this ever working, but maybe vendors could change the way their EULAs are written.

But ...

[Anonymous Coward]

will Low End Mac also provide an army of lawyers to reinforce this agreement ?

EVLA and EULA

[r0xah]

Not only is this a pretty neat idea that would be great for the consumer, but how nice would it also be to have a EULA that was about the same length? I don't know many people who can actually read an entire Microsoft EULA without going insane. Many good books are shorter than a Mircrosoft EULA.

Re:EVLA and EULA

[s20451]

Remember the Borland EULA? It was about a paragraph long and basically said that you had to use the software "like a book", i.e., you couldn't use it in two places at the same time. That was one of the most friendly corporate EULAs I've ever seen.

End users protection association

[thinkliberty]

We need a Better Business Bureau like association for EULA's. Where software companies can get their software certified and then being able to display a seal of approval on the packaging by having their EULA user friendly. There could be different levels of friendliness and reviews on software that didn't want to apply for certification.

Print it on the back of your check

[namespan]

I've actually heard of people doing something like this by writing on the back of a check something to the effect of "By endorsing or cashing this check, you agree to the following conditions...."

Not all the different from the $2-$5 checks that periodically come in the mail, which by cashing sign you up for some stupid, inanen service that nearly no one actually needs...

Re:Print it on the back of your check

[LostCluster]

Doesn't work the first time, but after eventually becoming aware of what's going on the employer would get a responsiblity to tell "the minimum wage desk jockey rubber-stamping endorsements" not to put any check with a license agreement into the path that leads to it being cashed.

Once bosses that do have the authority to make such agreements become aware that kids are putting their endorsement stamp next to agreements they don't want them making, it becomes their duty to stop them from doing that... they can try to look the other way, that can only last for so long. They'd have to take on the expense of double-checking the backs of all checks, or simply stop taking checks and insist everybody pay with a credit card.

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

[MikeFM]

I've actually considered offering access to some of my software on that kind of basis. You give me the required amount when you start using it and get your money back when you stop using it but I get to collect interest on the money while it's in my hands. The software tracks digital money across different websites I made. You can buy/sell stuff in my EBay type site, buy stuff from me, play games, etc paying with digital money but can cash out if you want (but again with me keeping the interest). The main benefit would actually be that there would be far fewer fees involved (as PayPal, credit card processing, etc are somewhat expensive) and rather than charging fees to support the site I'd be able to just use the interest on the money I'm holding. Maybe a fee if you cashed out sooner than 60 days after buying the digital money.. to stop wanks from doing it 20 times a day.

Re:Text mirror

[gfody]

11. If I uninstall a piece of software, the uninstall program must NOT require the original install disk.
12. When installing your software you MUST NOT put shortcuts for AOL, Real Player, or Gator on my task tray, quick launch toolbar, start menu, desktop or startup folder.

Actually..

[Squidgee]

What if a "union" of sorts was created, and got companies to agree to one of these sort of things, and then to enforce it when the users' liscense is violated..?

Would this be possible? Feasible? Ok prolly not but still, it'd be cool.

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

[Squidgee]

That's actually a wicked cool idea. I'd be intersted to see a digital-only site (No boxed software) with such a thing. This would work well for things like, for instance, MS Office, Windows, Mac OS X, Codewarrior, Maya, etc. Anything big and expensive; it limits the amount the people have to invest in the software, but the company can still make plenty.

And, I'd imagine, they'd get more "sales". I'd also suggest and end date; ~3 years maybe?

Re:n is whatever the last number was

[FCKGW]

Aw crap, sorry about that; I forgot to put in the paragraph tags. My post should read:

n+1. Seeing that I paid for this software, I shall use it as I see fit. There are to be no restrictions on use.

n+2. I may reverse engineer anything I damn well please to make your product interact properly with another, or to get around your DRM restricting my legitimate use.

n+3. My desktop, quick launch bar, the top of my Start menu, my StartUp menu, my NT services, and the HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Windows\Curr entVersion\Run key are sacred. Your installer will not put anything in any of these locations without my express permission, and by default it won't touch them.

n+4. I will choose exactly which icons are installed on my Start menu, and where. You are not to make yourself a program group (or FIVE in the case of Epson) and dump icons for your program, EULA, website, help file, and uninstaller in it. I'm tired of cleaning up after program installs.

n+5. Your EULA shall NOT change when I install bug fixes, ESPECIALLY security updates.

n+6. You may ask me to register, but I may choose not to and still receive all the benefits of your software.

n+7. Shrink-wrap licenses are hereby banned. Any EULA must be printed on the front of the box. If it doesn't fit in a reasonably-sized typeface, shorten it until it does.

n+8. Your uninstaller must work properly.

n+9. Ads are forbidden in paid-for software; spyware is forbidden in ALL software, including free downloads. If Ad-Aware catches anything after I install your software, you owe me $500, plus the cost of your software.

n+10. No crippleware. For instance, DVD-playing software must ignore user operation prohibition on DVDs, play DVDs from all regions, and be able to copy the DVD to the hard drive.

n+11. I may review your product either positively or negatively without asking permission.

n+12. DRM is hereby banned. It will be cracked anyway and cracked copies will be all over the Internet eventually, likely even before your software is released. Only the honest people will pay, DRM or not, but DRM hurts everyone.

Okay, that was long-winded, but I feel better now.

Re:#7

[leshert]

I'm guessing you don't have a credit card, or if you do, you haven't read the little flyer they send you (printed in the ever-popular Flyspeck 3-point typeface).

Most credit card agreements state the same thing: by using the card, you agree that they can change the terms at any time. Your recourse is to cancel the card. I've done that once before.

this is quite common

[Anonymous Coward]

My University has a long list of payment terms to issue a purchase order. If you don't like the terms, tough. Some smaller shops refuse to sell to the University as a result - too much paperwork & hassle.

Of course, the Univeristy has cash flow of $800 million dollars a year, and many businesses want a piece of that. It gives you a lot of leverage when a supplier delivers a piece of crap.

Notification

[heikkile]

This is to inform you that I have not clicked to accept your ridiculous EULA, and have *not* accepted your terms. Therefore I feel no way bound by that EULA.

I shall continue to use the software based on the rights granted to me by the fair use provisions and the first sale doctrine.

Should you desire to have the software returned, I am willing to sell my copy back, at the price I paid for it (plus $100 for shipping and handling), but only if you do not try impose any more terms and conditions on this return sale.

This offer is valid for a 7 days. If I do not hear from you in that time, you have implicitly and irrevocably accepted my purchase of the software, non-acceptance of your EULA, and my fair use rights to it.

Yours sincerely
...

P.S. non-disclaimer: Since you have not paid for me to sign a non-disclosure agreement, I reserve the right to publish what ever you send me.

Re:#7

[BrynM]

Hey, what you said makes me wonder if I'm re-accepting the old agreement when I re-install and how the "retro-activeness" of an old click-wrap license would work. Has anyone ever spotted a clause that you are accepting the agreement in it's revised form, not even in your posession (even worse for someone without internet access)?

You might be saying that the revised agreements would supercede the old no matter when it's accepted, but that can't be applied to both a first time installer and a repeat installer. AYAL anyone?

A more thorough agreement:

[fmaxwell]

I thought that something more along the shrinkwrap vein was the way to go. I've considered mailing something like the following to software publishers:

This document is a legal agreement between your firm and
[purchaser name here] for any and all software sold to [your
name here], whether sold directly or through authorized
resellers. By accepting payment, either directly or
indirectly, for any such software, you agree to be bound by
the terms of this agreement.

If there is a conflict between the terms of any End User
License Agreement ("EULA") or other agreement(s) enclosed
with the software product and this document, the terms of
this document will define the legal limits and obligations
of the parties. Any changes to the terms of this agreement
must be made in writing and must be signed and notarized by
both parties to be considered binding.

Software Product License

Scope of License

[purchaser name here] may install software on as many
computers as are under his/her control, so long as the
software is in active use on only one such computer at a
time.

Backup Rights

Our firm grants [purchaser name here] permission to make
backup copies of and and all software and documentation and
explicitly permits user to circumvent any technical means
employed limit copying of said software and documentation.

Burden of Proof

[purchaser name here] will not be required to retain copies
of original media, packaging, printed license, receipt, or
any other documentation or materials in order to retain
license to use said software. It is the responsibility of
our firm to prove any claims that we make against user
relating to copyright infringement or violation of the terms
of any software license.

Sale or Transfer

If [purchaser name here] sells or transfers the software
license, [purchaser name here] must convey or destroy any
electronic or physical copies of software, license, and
documentation.

Warranty

Software is guaranteed to perform as advertised and
documented by our firm for a period of not less than one
year after date of purchase by [purchaser name here].

Remedies

If software has defects which cause it to not perform as
described within the warranty period (see above), [purchaser
name here] may return software to place of purchase for a
full refund.

If [purchaser name here] is denied a refund by seller for
defective software, [purchaser name here] is granted
permission to rent or sublicense software in order to recoup
purchase price. Alternatively, [purchaser name here], is
granted license to use later, corrected versions of software
at no additional charge.