the EULA states:
"you may not use the Software on any non-PC product or any embedded or device versions of the above operating systems, including, but not limited to... [blah blah blah]"
This therefore only restricts all non-PC-products or machines with Operating Systems that are embedded or device oriented. Everything listed under their word "including" is subordinate to the first clause (i.e. non-PC product or embedded or device OS versions).
It doesn't matter if your using your PC as a kiosk, or a DVD player, or a set-top box, or a mobile device, or a handheld, etc. If you run on standard PC hardware and your OS is a desktop version OS then this EULA doesn't restrict your use.
That's what "including" means. It means if your PC (be it a laptop or other) doesn't fit the definition of the group they're restricting (non-PC or Embedded OS or Device OS systems), then it isn't included - even if it's mentioned as being included. By not fitting the original definition of the group, any mention of being included does not apply to you.
The original post gives the impression that Macromedia recently changed their EULA to be so restrictive - but have they really? When did they change it, and what was it before, and if it was changed then to which versions does this EULA apply (is it retroactive)?
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the EULA states:
"you may not use the Software on any non-PC product or any embedded or device versions of the above operating systems, including, but not limited to... [blah blah blah]"
This therefore only restricts all non-PC-products or machines with Operating Systems that are embedded or device oriented. Everything listed under their word "including" is subordinate to the first clause (i.e. non-PC product or embedded or device OS versions).
It doesn't matter if your using your PC as a kiosk, or a DVD player, or a set-top box, or a mobile device, or a handheld, etc. If you run on standard PC hardware and your OS is a desktop version OS then this EULA doesn't restrict your use.
That's what "including" means. It means if your PC (be it a laptop or other) doesn't fit the definition of the group they're restricting (non-PC or Embedded OS or Device OS systems), then it isn't included - even if it's mentioned as being included. By not fitting the original definition of the group, any mention of being included does not apply to you.
The original post gives the impression that Macromedia recently changed their EULA to be so restrictive - but have they really? When did they change it, and what was it before, and if it was changed then to which versions does this EULA apply (is it retroactive)?