Making Sense of Software EULAs

Brian E. writes "An informal Clearware.org poll indicates that 67% of the 66 respondants never or rarely completely read end-user license agreements (EULAs). Clearware.org aims to make sense of software by proposing guidelines for vendors to characterize end-user license agreements. Defined characteristics include terms and conditions found in existing EULAs that impact control over the user's experience, privacy and system security. The guideline extends on the idea of Creative Commons' commons deed and RDF/XML metadata formats. This simplifies EULA terms in a consumer friendly way similar to care labels on clothing, nutrition facts on food and warnings on hazardous materials."

Comments

Re:I thought these were unenforceable

[AhtirTano]

IANAL either, but I quote one here:

So, once again, true shrink wrap EULAs have been tested in most major jurisdictions and are valid contracts, subject to certain limitations. Terms of Service contracts, like the "EULA" found in MMOGs, are simply enforceable. There is a common perception that EULAs have not been tested in court. This is incorrect. They have been.

Don Shelkey

eula wiki

[rjnagle]

lately, I've been trying to keep track of all of the EULA's I've been agreeing to. It's overwhelming.

This wiki
http://www.gripewiki.com/index.php/EULA_Library

is trying to keep a public record of eulas (along with some analysis).

Web Sites Prevent Reading EULA

[BoRegardless]

Many download sites make you click "Accept" buttons, but if you actually try to READ the damned 15-25 pages of the EULA, you find the web site "times out" and you can't then proceed with the purchase/registration process.

No wonder people don't read them. I don't do it online anymore.

Re:I thought these were unenforceable

[Anonymous Coward]

Here is a program for Windows that does just that.
Windows License Disagreement Tool

Just run it, then drag the target over the license. Double-click the target, and the license changes to whatever you want. Alternatively, it lets you enable the "Next" button on the install even if you have "I disagree" selected.

Re:Sample of 67?

[lubricated]

try +/- 12%

Re:Are "licenses" subject to sales tax?

[Anonymous Coward]

In the state of Illinois, there are certain criteria that have to be met in order for a software lincese to not be taxable. To wit:

A) It is evidenced by a written agreement signed by the licensor and the customer;
B) It restricts the customer's duplication and use of the software;
C) It prohibits the customer from licensing, sublicensing or transferring the software to a
third party (except to a related party) without the permission and continued control of the
licensor;
D) The licensor has a policy of providing another copy at minimal or no charge if the
customer loses or damages the software, or permitting the licensee to make and keep
an archival copy, and such policy is either stated in the license agreement, supported by
the licensor's books and records, or supported by a notarized statement made under
penalties of perjury by the licensor; and
E) The customer must destroy or return all copies of the software to the licensor at the end of
the license period. This provision is deemed to be met, in the case of a perpetual license,
without being set forth in the license agreement.

Charges for updates of canned software are fully taxable pursuant to Section 130.1935. If the
updates qualify as custom software under subsection (c) of Section 130.1935, they may not be
taxable. But, if maintenance agreements provide for updates of canned software, and the charges for
those updates are not separately stated and taxed, then the whole agreement would be taxable as
sales of canned software.

There was a specific request by a Illinois based business to not collect sales tax on software, the end result was :

The Agreement, entitled "Master Software License and Services Agreement," enclosed with
your letter does appear to meet the criteria as a license of computer software under subsection (a)(1)
of Section 130.1935. However, please note that the additional agreement, entitled "End User
License and Services Agreement," that is printed on the back of the large envelope does not appear
to meet the criteria as a license of computer software under subsection (a)(1)(A) of Section 130.1935
because it does not require the signature of the licensor and the customer.

Re:Here's my clarification

[Pofy]

>3. If you break the license, how do i get my money back

Problem is, in most EULA, there is NO way for them to break the contract since they promise nothing and have no responsaibilites.

Re:Sample of 67?

[say]

No. The standard error (SE) is sqrt((p(1-p))/n) = sqrt((0.67*0.33)/66) = 0,057879185. If we are aiming for our standard 95 % confidence, the margin of error is 1,96*SE = 0,11344. It has a margin of error of 11 %, meaning that the true number is 67 % +- 11 % with 95 % confidence. I don't know much about the methods and people behind this test, so it's hard to say what population this statistic is correct for :-)