Have you read your EULA lately...

I read a good article linked from my Tomshardware.com newsletter concerning EULA's. This is a few things that I was enlightened to by this article.

Do not criticize this product publicly. There are in fact clauses within EULA's, including a number by Microsoft in the MS XML and SQL Server EULA's, which state that [you] may not without Microsoft's prior written approval disclose to any third party the results of any benchmark test.

How do you like those apples? How about this one:

You agree that you will not use, or encourage others to use, any unauthorized means for the removal of the GAIN AdServer, or any GAIN-Supported Software from a computer . . . Any use of a packet sniffer or other device to intercept or access communications between GP and the GAIN AdServer is strictly prohibited.

Now this is just a good old standard one we all probably know:

Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.

Then there is Apple's EULA where not only do you agree to the current agreement, but you also agree to future additions:

Apple reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the iTunes Music Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

Pinnacle goes as far as add that you agree to them downloading whatever they want to your machine without notifying you:

You acknowledge and agree that in order to protect the integrity of certain third party content, Pinnacle and/or its licensors may provide for Software security related updates that will be automatically downloaded and installed on your computer. Such security related updates may impair the Software (and any other software on your computer which specifically depends on the Software) including disabling your ability to copy and/or play 'secure' content, i.e. content protected by digital rights management.

This one says that you agree to pay $8,000 if you dispute, reverse, or contest the charge:

You agree, if purchasing by credit card or charge card, that you permanently and irrevocably waive any and all right to cause a "chargeback" (that is, a disputed, reversed or contested charge) against this purchase for any reason whatsoever against Company or other reseller of this license, effective as soon as you receive registration code(s) from the Company, open the envelope containing the program disk or otherwise install or use the software. You agree that, if you institute such a "chargeback", it constitutes a material violation of this license, and damages Company in ways impossible to calculate, and with long-term adverse effects to the Company. Therefore, you agree to pay, and Company agrees to accept in compromise, for each chargeback you may issue or directly or indirectly cause to be issued against company, the amount of EIGHT THOUSAND DOLLARS ($8,000.00) to Company (or the party selling you this license), as liquidated damages and not as a penalty. You expressly confess, in the event of such a "chargeback", that such chargeback constitutes fraud and confess such fraud. You agree to pay all costs incurred by company or the seller of this license in collecting these amounts.

I admit it, I am guilty of just clicking OK to a EULA before reading it. I have even been angered at the ones that force you to scroll all the way to the bottom before enabling the OK but to be clicked. But, now I will read the EULA's more closely. But, when you buy software like a game at Wal-mart you can't read the EULA unless you go home, open the package, put the cd/dvd in your machine and start the install. However, if you don't agree with the EULA your screwed because Wal-mart will only take back upopened software for refund, otherwise you may exchange it for another of the same kind. What good does that do me?!?

Anyway, the blogging circle gets larger. As you can see, I have linked to Jarred Azevedo's blog as well as added Kenny's Operator Overload blog. Check'em out.

~Kisea