Questions tagged [eula]
For questions about End User License Agreements
82
questions
21
votes
5
answers
10k
views
How does licensing software not imply ownership? Don't I own a Windows operating system once I pay for it?
Background
I've been through the Windows 8.1 EULA and the EULA for computer manufacturers. I've also seen this question where an answer says that Windows is sold as a software service.
The EULA states ...
- 371
17
votes
1
answer
2k
views
Can a spyware or a virus act legally with EULA?
Lets think there is a virus that acts like a software. Its acting like a regular software. It's installation is visible to user and again like a regular software, it asks user to accept its End-user ...
- 273
16
votes
2
answers
18k
views
Windows 10 Eula Privacy Rights
Many are claiming that Windows 10's data collection is much more invasive than previous Microsoft products, even claiming that Windows 10 ships with a keylogger and reports every keystroke back to ...
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9
votes
2
answers
4k
views
What stops stolen software from offering a valid license?
A common pattern in software distribution is to have an installer program that pops up and offers the user a license to the software, and prompts the user to accept it. This End User License Agreement ...
- 1,684
9
votes
1
answer
628
views
Can disabling Windows 10 updates be considered a crime?
There's a pretty (in)famous post on Russian Microsoft Answers site (just search by UID to see it referenced in many news stories) where user asks how he can disable Windows Update through registry due ...
- 221
7
votes
2
answers
221
views
Can I use illegally obtained code?
There are some EULA which prohibit disassembly or reverse-engineering of its executables
Now Joe in Somalia gets a hold if this software, disassembles it, and publishes the algorithm online.
Bob in ...
- 71
6
votes
3
answers
480
views
Software content library license requires "including a valid copyright notice". How does it limit my use?
I recently purchased licenses for two pieces of music production software; specifically, those are virtual instruments with a library of sound samples.
The end-user license agreement terms for both ...
- 163
6
votes
2
answers
418
views
Under what principles can one be sued for not obeying a clickwrap contract they never signed?
Many software packages come with a EULA which uses claims such as "by opening this package you hereby agree to ... (some laws going far beyond classical copyright)".
Now, what happens if your friend ...
- 61
6
votes
1
answer
609
views
USA: Does a user who has falsely stated that he/she has read an EULA or similiar agreement risk liability solely for the false statement?
Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/...
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6
votes
1
answer
364
views
Can I be prohibited from fixing bugs in a licensed software?
I have purchased software product, which the company claims is licensed to me, and it contains an EULA that says that I am not allowed to reverse engineer or modify the software at all, and a ...
5
votes
1
answer
250
views
can I get sued without accepting EULA
I plan publishing information in an article about Software which is the result of people reverse engineering the software.
The author of the software has been attempting to sue people who made use of ...
- 51
5
votes
1
answer
215
views
To what degree do I have to comply to COPPA in this scenario?
The Children's Online Privacy Protection Act (COPPA) is designed to restrict sites collecting information about children under the age of 13 years of age. If I am operating a general purpose web ...
- 374
5
votes
2
answers
280
views
Can a software license prohibit using competitors' software?
Say a user purchases Company A's Fast Word Processor software and saves a document using it. Company B released a free document viewer, but Company A doesn't like competition, since they want everyone ...
4
votes
1
answer
331
views
How the rights of the DotA map could be transferred to Valve?
Dota (Defense of the Ancients), was a Warcraft 3 custom map that got the rights transferred to Valve in 2010 when two of their developers (Eul and IceFrog) were hired by Valve. However, Warcraft 3's ...
user47165
4
votes
2
answers
281
views
Is it legal to force users to accept new terms of service by threatening financial loss?
Why isn't it illegal, (extortion or duress), to force users to accept new Terms of Service by threatening financial loss, (like denying access to purchased content, or inhibiting or prohibiting the ...
- 361
4
votes
3
answers
1k
views
Is it illegal to reverse engineer a software if the EULA prohibits it for all purposes?
I have installed an Android app that lets me play with networking and HTTP headers.
One of the perks of the app is to be able to export a configuration file so other users that also have the app can ...
- 39
4
votes
2
answers
828
views
Proof of EULA Acceptance
I know I need to have a mandatory EULA accepted before allowing users onto my system.
Simply recording information about the user and having a database column with "accepted" doesn't seem like it ...
- 142
4
votes
2
answers
353
views
Am I allowed to use Microsoft's TrueType core fonts outside my computer?
I installed Microsoft's TrueType core fonts for the Web on my Linux computer so that I could use popular fonts such as Arial, Courier New, Comic Sans MS, Times New Roman, etc. Can I use these fonts ...
- 663
3
votes
2
answers
288
views
Are there limits on terms that can be stipulated in an EULA?
I've seen that EULAs say things like "Don't say anything bad about the EULA or this product.". What if the termination clause doesn't terminate that part of the EULA? Is the person forever ...
- 169
3
votes
1
answer
1k
views
Does Mojang break the law with restrictions in their EULA for Minecraft?
Minecraft is a world building game that is produced/sold by Mojang AB. Minecraft may be played both offline (local data) or online (connecting to a server).
Minecraft's EULA says that you may not ...
- 131
3
votes
1
answer
1k
views
Is the Benchmarking clause in VMware's EULA actually valid?
The VMware End User License Agreement reads as follows:
2.4 Benchmarking. You may use the Software to conduct internal performance testing and benchmarking studies. You may only publish or ...
- 33
3
votes
1
answer
431
views
Reverse engineering for security research
Is it legal to reverse engineer a closed source application in order to check how secure it is if:
the software came preinstalled on the device (i.e. I have not signed
an EULA)
I have signed an ...
- 31
3
votes
1
answer
1k
views
Can I legally decompile my own binary code created by copyrighted compiler?
I've the following scenario:
I've written some programming code which I own, but I lost the source code, however I've binary which was created by the compiler.
Can I simply decode my own binary code ...
- 617
3
votes
1
answer
49
views
How do I search for an Intellectual Property lawyer focused on software licensing?
As of today, we have a list of issues in our software product EULA that need to be addressed: export regulations, indemnity, legal entities, etc.
How do I find a specialized law firm (even worldwide)?...
- 131
3
votes
0
answers
73
views
Are apps required to notify users when they update their privacy policy or EULA?
I have noticed that many companies are doing this but definitely not all.
Furthermore, what about cases where companies or developers cannot notify users because some users are not logged-in or ...
- 151
3
votes
1
answer
463
views
Blizzard's EULA for map editor claims that all content created in it is their sole property
Recently release Warcraft III Reforged's EULA includes this passage:
Ownership Custom Games are and shall remain the sole and exclusive property of Blizzard. Without limiting the foregoing, you ...
- 221
2
votes
2
answers
268
views
Buy a computer/phone from Apple, disagree to the terms of service after purchase; what's the legal perspective
My question and premise are very simple, but the legal perspectives on the answer are unclear to me.
A person purchases an Apple computer/phone product directly from Apple (any device requiring ...
- 21
2
votes
2
answers
139
views
Can we write anything in a Terms & Conditions agreement?
I'm wondering if anything can be written in Terms & Conditions agreements and, if some rules apply, what are they (preferably in the EU)?
There's this famous South Park episode HUMANCENTiPAD ...
- 123
2
votes
1
answer
91
views
Can liability for data disclosure be waived by T&Cs under GDPR?
I live in Ireland, an EU county subject to the GDPR.
I see in a service T&Cs the line:
"Despite our use of commercially reasonable efforts to protect your
Personal Information from ...
- 123
2
votes
2
answers
58
views
Common Practices around Incorporating License Agreements by Reference
As part of my job, I help to negotiate contracts when my company is purchasing software (or hardware with embedded software). For these significant business relationships, we typically negotiate a ...
- 445
2
votes
1
answer
1k
views
Is it legal to host a directory of .onion urls?
.onion is a special-use top level domain suffix designating an
anonymous hidden service reachable via the Tor network.
.onion. (2016, March 11). In Wikipedia, The Free Encyclopedia. Retrieved 12:46,...
- 121
2
votes
1
answer
564
views
Minecraft EULA Bypass
The Minecraft EULA forbids you from doing certain things. To run a Minecraft server, the well known server software force you to accept the EULA. But what if this bit of code was removed where you no ...
- 23
2
votes
0
answers
73
views
Is VS Code Server usage a service? [closed]
According to the Common questions section VS Code Server cannot be run as a service.
If I preinstall and configure a web instance for each developer, would that be a kind of unpaid “service”?
- 21
2
votes
1
answer
281
views
Can a debug version of VC++ runtime redistributable shipped with Community Edition of VS be used in a commercial product develope using Pro Edition? [closed]
I am developing a commercial software that is based on Visual Studio 2017 Pro infrastructure (MSVC and CMake) on Windows 10. The software has 3rd party dependencies that require the debug version of ...
- 141
2
votes
1
answer
319
views
Is using method below against the eula of pubg?
I made a generic tool/application to terminate the foreground window on windows systems.
It is written in c++. It uses functions from windows.h:
HWND foo = GetForegroundWindow();
GetWindowText(foo,...
- 33
1
vote
3
answers
251
views
Is it legal to demand a user agree to an EULA after the product has already been purchased?
First I'd like to note that I'm primarely interested in Canadian law, but answers about the law in other countries is fine as well.
I've encountered this situation on multiple occasions, such as when ...
- 113
1
vote
2
answers
76
views
Can I include EULA-licensed IP core in GPL codebase?
I work on little hardware project in Verilog. It would be published on GitLab and would be available for Open Source community. It is licensed as GPL 3.
I want to include external IP component in my ...
1
vote
1
answer
133
views
If one purchases a machine and software that has no EULA, etc, can said person legally alter the code of the program purchased?
So say myself or a company sells a printer, and as part of that printer package you have an add-on to purchase software with it. The customer purchases the machine and software and accepts terms you ...
- 11
1
vote
1
answer
97
views
Does a website service for image editing need to be ADA compliant for visually impaired users?
I'm getting ready to launch my website for an image editing service. I had come across quite a few articles on how they need to be ADA compliant to offer service in the US without legal troubles. ...
- 11
1
vote
1
answer
309
views
how are companies like metasploit and trustedsec and rapid7 legally protected?
rapid7 and trustedsec develop professional penetration testing software rapid7 also sells a pro version of metasploit...my question is that if someone uses their software illegally how are those ...
- 25
1
vote
1
answer
61
views
Apps Privacy Policy on a site
Suppose I have an android app on Google Play. They encourage publishers to have EULAs and Privacy Policies for each app. Suppose I put my EULA and Policies on some simple site (web page). For example, ...
- 111
1
vote
1
answer
39
views
Which country's court interprets EULAs and Terms of Services online?
I'm thinking of writing a new kind of EULA for my software and Terms of Service for my art commissions and website. I'm not sure of which country a court interprets those legal documents. I live in ...
- 169
1
vote
1
answer
100
views
'Click To Agree' Terms of Services And Other Digital Agreements
I've seen countless TOS/EULA/Legal agreements that basically say, 'Click here to Agree'.
What legal implication (if any) is there if I circumvent the action of clicking on that link/checkbox/button?
...
- 181
1
vote
1
answer
135
views
Confusing EULA statement in Adnroid SDK
In 3.2 of the Android SDK EULA, it says that I am not supposed to develop for non-CTS compliant versions of Android. Does that mean I can't test on a phone that's not CTS-compliant, or does that mean ...
- 243
1
vote
1
answer
65
views
Are there any resources for creating terms and conditions for websites?
I am currently on the process of making a forum based website that will contain users emails, passwords and possibly names. When The users signs up they will need to accept the terms and conditions ...
1
vote
1
answer
335
views
Reverse-Engineering an Application without EULA
The place where I work have recently installed a tool on our computer systems. However there are a few things that I don't quite like about the tool and would like to improve them. However I am ...
- 155
1
vote
1
answer
55
views
Is it legal to exclude any "adhesion contract" regulations? (CZ)
I found this in the license agreement for the JetBrains products:
12.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, ...
- 111
1
vote
0
answers
83
views
Would I be liable to EULA & Terms of Use when reverse engineering a product (for research) without a formal contract/agreement?
I'd like to possibly to my bachelor thesis in Computer Science by reverse engineering some IoT devices such as security cameras & smart locks.
The items will be purchased by myself (probably ...
1
vote
0
answers
73
views
Anti-Piracy measures (freeware software)
So I was checking out the license agreement of a software product that I acquired the past days and noticed this section, please notice it was freeware software:
You agree that if you are found to be ...
1
vote
0
answers
24
views
Is there a comprehensive web source for a list of european union protections against aggresive contracts?
Some time ago I found interesting information on the web about additional legal protections that customers from the European Union automatically have when signing up to various services (even services ...
- 111