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When I read the license agreement of my samsung cell phone, I noticed that lending the phone's software (its OS) is prohibited. Also according to the license agreement, it is automatically terminated if any term of it is violated. But in practice one may lend the phone temporarily to let someone watch a video, play a game or have an emergency call. According to the agreement after such lending, it is illegal to use the phone because the software is lent and the agreement is violated and the phone cannot be used without using its software.

How can one deal with such easily terminating license agreement?

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  • Buy a different device. (Of-course, in practice if you live in a civilised country with fair consumer protection clauses, that clause would not be enforceable anyway - if indeed the clause is read the way you would have us understand it).
    – davidgo
    Jun 28, 2016 at 23:31

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I don't think that is what they meant by "lending the phone's software." Lending the physical device to someone is not the same as temporarily copying the software to somewhere else.

Besides that, can you post the exact quote that says that the entire agreement is terminated if any term is violated? Usually license agreements say the exact opposite - something like, "even if one term of this contract is found to be unenforceable, all other terms still apply."

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  • It includes such sentence. Jun 29, 2016 at 22:07
  • the contract is very similar to this one: store.apple.com/Catalog/US/Images/Appleworks6.htm which has the same problem. Jun 29, 2016 at 23:23
  • I think what you are confused about is the sentence "Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License." It does not say that the license is terminated if you violate it. It only says that you lose any rights given to you by the license if you violate it. In fact, the license you linked to says what I mentioned above: "If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect."
    – SegNerd
    Jun 30, 2016 at 16:23
  • The bottom line is still that you are not interpreting "lending software" correctly. I do not believe the intent was to refer to borrowing the entire device (they probably would've written "lending the phone" if that was what they meant).
    – SegNerd
    Jun 30, 2016 at 16:28
  • when the rights is terminated. it means that I no longer can use the software and so the phone. what's the difference? Lending the phone means that I give someone the software to use it. The contract does not say anything about how to interpret lending. Jun 30, 2016 at 17:09

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