Several companies have parodied this belief that users don`t read end-user license agreements by adding unusual clauses because they know that few users will ever read them. As an April Fool`s joke, Gamestation added a clause stating that users who placed an order on April 1, 2010, agreed to irrevocably donate their soul to the company, which 7,500 users agreed. Although there is a checkbox to exempt from the “immortal soul” clause, few users have checked it and Gamestation has therefore concluded that 88% of its users have not read the agreement. [17] The PC Pitstop program included a clause in its end-user license agreement stating that anyone who reads the clause and contacts the company will receive a cash reward, but it took four months and more than 3,000 software downloads before anyone collected it. [18] When installing version 4 of the Advanced Query Tool, Setup measured the time between publishing and accepting end-user license agreements to calculate the average read speed. If the chords were adopted quickly enough, a dialog box would “congratulate” users for their absurdly high reading speed of several hundred words per second. [19] South Park parodied this in the episode “HumancentiPad,” in which Kyle didn`t read the terms of his latest iTunes update and therefore accidentally agreed to let Apple employees experiment on him. [20] End-user licensing agreements have also been criticised for containing clauses imposing onerous obligations on consumers. For example, Clickwrapped, a service that evaluates consumer businesses based on their respect for users` rights, reports that they increasingly include a term that prevents a user from suing the company in court. [21] Unlike EULAs, FREE SOFTWARE licenses do not function as contractual extensions of existing legislation. An agreement is never made between the parties, as a copyright license is simply a statement of approval for something that would not otherwise be allowed by default under copyright law. [2] Software vendors often enter into special agreements with large companies and government agencies that include specially designed support contracts and warranties.
Confidential Information. Notwithstanding the foregoing, and except with respect to Customer Data, Confidential Information does not include any information, technical data or know-how that: (a) is publicly available or becomes publicly available and is not due to the act or omission of the receiving party; (b) without limiting the disclosure lawfully received by the receiving party from a third party; (c) without limiting the disclosure lawfully held by the receiving party at the time of disclosure; or (d) are permitted to be released with the written permission of the disclosing party. The applicability of an EULA depends on several factors, one of which is the court in which the case is heard. Some courts that have reviewed the validity of shrink film license agreements have found some EULAs invalid and have characterized them as membership agreements, unscrupulous and/or unacceptable under the U.C.C. – see, for example, Step-Saver Data Systems, Inc. v. Wyse Technology[6], Vault Corp. v Quaid Software Ltd. [7] Other courts have determined that the shrink film license agreement is valid and enforceable: see ProCD, Inc.c. Zeidenberg[8], Microsoft v. Harmony Computers[9], Novell v.
Network Trade Center[10], and Ariz. Cartridge Remanufacturers Ass`n v. Lexmark Int`l, Inc.[11] may also be important. No court has ruled on the validity of EULA in general; Decisions are limited to certain modalities. 2.2 Interface Application License. Subject to Customer`s compliance with the terms of this Agreement and (if applicable) a Partnership Agreement, Customer also has the limited right to license Interface Applications to End Users in order to integrate a Third Party Product into a Verint Offering licensed or subscribed to by such End User. In the event that the SDK licensed hereunder, as provided by Verint, includes Term Software, Verint grants Customer and Customer a limited, non-exclusive, non-assignable, non-transferable license to copy, distribute, and license to End Users the use of such Fixed Term Software; if Customer has entered into a legally binding agreement with such End Users with terms that, in addition to all other requirements set forth in a Partnership Agreement, (1) limit the use of the Software ultimately only to that End User`s internal use and only to use in connection with a Verint Interface Application and Offering, (2) provide no less protection for Verint`s intellectual property than in this Agreement, and (3) in no way extend Verint`s liability under this Agreement. Such copies must contain all copyright, privacy or other proprietary notices, trademarks or legends of Verint and Verint licensors that are placed, incorporated or otherwise appearing on the delivered Performance Software. For the avoidance of doubt, nothing in this Agreement grants Customer the right to provide each End User with a copy of the SDK or to grant a license to use the SDK. An End User License Agreement (EULA, /ˈjuːlə/) is a legal agreement between a software developer or provider and the software user, often when the software was purchased by the user from an intermediary such as a retailer.
An EULA sets out in detail the rights and restrictions that apply to the use of the Software. [1] 2 ACCESS RIGHTS. With respect to the Documentation, Customer may make a reasonable number of copies of the Documentation applicable to the SaaS Services only to the extent reasonably necessary for Customer`s internal commercial use in accordance with the explicit rights of use set forth herein. Without limiting the terms and conditions set forth in Article 4 of the “Terms and Conditions”, Customer acknowledges and agrees that no rights or other interests are granted to Customer with respect to: (i) rights in or to the Hosted Environment or SaaS Services beyond those specified in the Order, (ii) rights to access or use the Hosted Environment; SaaS Services and On-Premises Components for other parties, including, but not limited to, service desk or application service provider-style uses, (iii) rights to own copies of any component of the hosted environment or software used to provide or run the SaaS Services, except with respect to on-premises components and only as expressly provided in this section; or (iv) the representations, warranties or other third party beneficiaries of the Third Party Providers. 5.1 Use of SaaS Services.