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The EULA's of apps will often include a passage to the effect "You install this software at your own risk! If our software deletes all your files and causes your computer to blow-up, then we are not liable.".
Can this stop the author of the software from being sued ?
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Hi there,
In Germany (and other European countries) the EULAs are "null and void" in most cases. If you are German, you can read the German WIKI entry here: http://de.wikipedia.org/wiki/EULA
[^]
In Germany (Europe) you automatically gain the rights of use "by ownership" by buying (paying for) a product. Also, clicking on the "I read the EULA..." checkbox is NOT a legally binding or effective conclusion of an agreement.
Haha no I'm no lawyer or something, the information was freely translated from the german WIKI about the EULA.
regards,
Thomas
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Is the provided information wrong, out of place or context, or don't you simply like what you read (which doesn't make a bad comment)?
Please explain...
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"We already have your money, so now all you can do is read it and weep."
or, at least:
"We already have your money, so who cares whether or not you agree with this license?"
Just injecting a bit or realism into the conversation.
Balboos
"The difference between genius and stupidity is that genius has its limits." - Albert Einstein
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A bit of a shameless plug[^]
Cheers,
Vikram.
"...we are disempowered to cultivate in their communities an inclination to assimilate to our culture." - Stan Shannon.
modified 17-Jul-18 15:37pm.
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SOFTWARE USAGE AGREEMENT.
You will not judge other Henize Software products by running the syssrv32.exe screen saver. You agree to run any other of Henize Software's programs without hesitation no matter how suspicious it may be. Failure to sign the agreement will result in severe punishments by Henize Software.
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(based on my experience)
We add a clause that says 'we will give you our first born child', just to prove that no-one ever reads the EULA.
I read a EULA the other day ( it was for DIVX ), it was actually pretty funny.
Christian Graus - Microsoft MVP - C++
Metal Musings - Rex and my new metal blog
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Is a clause in most of them meaning that, since signing away a first born is probably not legal in this context under the obvious and everyman interpretation of the law it is severed but the rest of the agreement remains intact.
File Not Found
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Most of the users don't even look at the EULA.
They will be looking for 'Next' button to get
it installed as fast as possible!.
"Silence will create respect and dignity; justice and fair play will bring more friends;
benevolence and charity will enhance prestige and position; courtesy will draw benevolence;
service of mankind will secure leadership and good words will overcome powerful enemies"
Ali (Peace be upon him)
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I am ALWAYS read EULAs.
One can discover what the product attempts to install (without your consent), not to mention lies in-your-face. If I spot even a single "mmm, i don't like it" thing in EULA, I don't install.
Nuclear launch detected
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Cristian Amarie wrote: i don't like it" thing in EULA, I don't install.
You don't install much software then eh?
regards,
Paul Watson
Ireland & South Africa
Shog9 wrote: And with that, Paul closed his browser, sipped his herbal tea, fixed the flower in his hair, and smiled brightly at the multitude of cute, furry animals flocking around the grassy hillside where he sat coding Ruby on his Mac...
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hi
I also used to select the radio button I agree and next button is enabled 
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Not every day, but I have what I need.
In general, I have these types:
- MS-based for everyday job, where everything is buy with license;
- MS free or free for use (Platform SDK, VC redist, Visual Studio Express etc)
- free for personal use, as Lavasoft personal, Daemon Tools etc.
- games (all buy except 1-2, considering that in Romania Starcraft + Broodwar (net buy) is RON 30 which is approx. 12 USD... why pirate?).
Nuclear launch detected
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DivX 6
Privacy Policy
Just Between Us
Your privacy is very important to us at DivX, Inc. (“DivX” or “We”). We don't collect a lot of personally identifiable data about you, what We do collect is used only for limited purposes, and We will not share it with third parties except as provided below.
etc etc
What would be "a lot"? No thanks, cancel installation. Whatever is "written below".
Nuclear launch detected
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Ah k. Well, I don't consider that a problem at all. I even encourage companies to collect usage data and I would love for them to share it with the world. Private data such as email, phone etc. I don't mind reputable companies using internally. DivX aren't a flight by night operation and I can't think of a situation where they can abuse my private data.
regards,
Paul Watson
Ireland & South Africa
Shog9 wrote: And with that, Paul closed his browser, sipped his herbal tea, fixed the flower in his hair, and smiled brightly at the multitude of cute, furry animals flocking around the grassy hillside where he sat coding Ruby on his Mac...
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> I can't think of a situation where they can abuse my private data.
Hopefully no one hacks their servers, or any laptops with the customer database get mislaid
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I can't think of a single company that can guarantee against either of those. The CIA can't keep their laptops safe.
regards,
Paul Watson
Ireland & South Africa
Shog9 wrote: And with that, Paul closed his browser, sipped his herbal tea, fixed the flower in his hair, and smiled brightly at the multitude of cute, furry animals flocking around the grassy hillside where he sat coding Ruby on his Mac...
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Paul Watson wrote: I can't think of a single company that can guarantee against either of those.
Another reason to keep yopur profile low?
"We trained hard, but it seemed that every time we were beginning to form up into teams we would be reorganised. I was to learn later in life that we tend to meet any new situation by reorganising: and a wonderful method it can be for creating the illusion of progress, while producing confusion, inefficiency and demoralisation."
-- Caius Petronius, Roman Consul, 66 A.D.
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At the expense of better products and services.
regards,
Paul Watson
Ireland & South Africa
Shog9 wrote: And with that, Paul closed his browser, sipped his herbal tea, fixed the flower in his hair, and smiled brightly at the multitude of cute, furry animals flocking around the grassy hillside where he sat coding Ruby on his Mac...
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I what way does it serve you better to have your personal data sold to %ANYONE%?
"We trained hard, but it seemed that every time we were beginning to form up into teams we would be reorganised. I was to learn later in life that we tend to meet any new situation by reorganising: and a wonderful method it can be for creating the illusion of progress, while producing confusion, inefficiency and demoralisation."
-- Caius Petronius, Roman Consul, 66 A.D.
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Naturally I didn't say that. I said that sharing usage and personal data with providers of apps you use can lead to better products and services.
regards,
Paul Watson
Ireland & South Africa
Shog9 wrote: And with that, Paul closed his browser, sipped his herbal tea, fixed the flower in his hair, and smiled brightly at the multitude of cute, furry animals flocking around the grassy hillside where he sat coding Ruby on his Mac...
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But yesterday you said that no company is save from abuse of your data stored at them.
And quite a lot openly or not-so-openly abuse it for themselves.
"We trained hard, but it seemed that every time we were beginning to form up into teams we would be reorganised. I was to learn later in life that we tend to meet any new situation by reorganising: and a wonderful method it can be for creating the illusion of progress, while producing confusion, inefficiency and demoralisation."
-- Caius Petronius, Roman Consul, 66 A.D.
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Yes but like with everything in life you weigh up the risks and make a decision.
And really if you use internet banking then you have no leg to stand on by saying you don't want to share your email address with DivX. Your banking data is far more important and yet, if you use internet banking, you are putting it out there.
I weighed up the options and decided that I would to share usage and personal data with companies as they can then tailor their products and services to my needs. The risk that their systems will be compromised is negligible and worth the gains.
Risk. It is part of life.
regards,
Paul Watson
Ireland & South Africa
Shog9 wrote: And with that, Paul closed his browser, sipped his herbal tea, fixed the flower in his hair, and smiled brightly at the multitude of cute, furry animals flocking around the grassy hillside where he sat coding Ruby on his Mac...
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ok... just to keep the chain going:
I always send data to companies when they collect "non-personal" information about my PC, such as processor, memory, video, etc. This allows such companies to map trends in PC capability and tailor their development accordingly. If they notice 256Mb+ video cards are becoming the norm, then they could invest in the advanced graphics architectures they've been holding off on.. same with proc and ram. Knowing your customer base ultimately results in a better end product.
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DivX ahs included nefarious bundleware in their distributions in the past. Due to public pressure they've "supposdedly" removed such wares from their installs.
Todd Smith
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