BCan
01-03-2003, 05:51 AM
Contrary to the belief of many, the EULA you see on all software is worth about as much as the paper it is written on. At least at the moment that is the case.
Anyone care to debate or make their comments about these things that we see on a regular basis with software....
IMHO I think that legally they are unenforcable, not just because I think that it is the case, but it tends to go in the face of legal precedent about contracts and torts..
A contract is complete when the sale is made, not when the software is installed. Installation is a method of delivery, allowing you to use the legally purchased product, not a place to give a EULA changing the already completed contract...
I don't see cars having a disclaimer in the manual that all legal responsibility of the manufacturer is waived in the case of an accident, or mechanical failure. That is about what it equates to.
Anyone care to debate or make their comments about these things that we see on a regular basis with software....
IMHO I think that legally they are unenforcable, not just because I think that it is the case, but it tends to go in the face of legal precedent about contracts and torts..
A contract is complete when the sale is made, not when the software is installed. Installation is a method of delivery, allowing you to use the legally purchased product, not a place to give a EULA changing the already completed contract...
I don't see cars having a disclaimer in the manual that all legal responsibility of the manufacturer is waived in the case of an accident, or mechanical failure. That is about what it equates to.