The Basics of EULAs

Garthilk writes "Blizzard recently made a bit of press when they announced that they would be actively enforcing their End User License agreement and prohibit the third party sale of game items and characters. Many people don't believe these clickthrough EULAs to be enforceable contracts. Thankfully Don Shelkey from the Corporate Finance and Technology section of the law firm Buchanan Ingersoll stops by to give us the low down. Mind you he is speaking on his own behalf and not on behalf any of his clients."

Comments

Reasonable?

[It doesn't come easy]

Companies that use EULAs must make sure they are "reasonable."

Examples of typical EULA language (paraphrased):
"We can install anything we like on your computer"
"We don't guarantee the program will even run, much less do what we said it will do."
"We are not liable for anything, even if our software makes your company's profits implode"
"We can collect any data we want and sell it for a profit"
"We will charge you to fix any problem found in our software, assuming we choose to fix the problem."

Sound's reasonable to me...