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ORIGINAL: I.C.

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ORIGINAL: Scott_WAR

Its amazing how cluless about law some people are,....especially consumer laws. Almost EVERY single civilized nations has consumer proctection laws that mean these EULA's are worthless. You can not sign away certain rights,....and in fact there is no signature on a EULA, thereofore IT IS NOT A BINDING AGREEMENT.

"I saw in another topic a couple people arguing about whether an EULA was a legally binding contract. My brother in law is a lawyer and I just asked him about whether an EULA is a legally binding contract. He said that if it states specifically in the EULA that by clicking the accept button, you agree to everything in the contract, then yes, it is in fact legally binding. It WILL hold up in court too if there was ever a need for it. An EULA is no different than a contract a movie star agrees to when they are hired to shoot a movie. Just because you don't physically sign something, it is still legally binding. However if you are not forced to look at and click accept on the EULA before using a product, then it is not legally binding. Here is something I found while doing some digging after I talked to him.

http://en.wikipedia.org/wiki/Software_license_agreement#Shrink-wrap_and_click-wrap_licenses

I point you to this paragraph in particular, under the section "Shrink Wrap and Click Wrap Licenses":

Further, in ProCD v. Zeidenberg, the license was ruled enforceable because it was necessary for the customer to assent to the terms of the agreement by clicking on an "I Agree" button in order to install the software. In Specht v. Netscape Communications Corp., however, the licencee was able to download and install the software without first being required to review and positively assent to the terms of the agreement, and so the license was held to be unenforceable.

Because Zeidenberg had no choice but to click Accept on the EULA before using the product, then it is a valid legal contract. However Specht was able to use the software without first agreeing to the EULA, and thus the EULA is not legally binding. I also found out that if a minor child clicks Accept on an EULA and then does something to violate the terms, the parent or legal guardian then takes full responsibilty. Anyway just wanted to clear that up."

Source:
http://www.gamefaqs.com/boards/988968-/58415129

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ORIGINAL: GrumpyMel

I'm not a lawyer but I do understand a little bit about this area of law. EULA's are a form of contract. However it's very important to understand that just because somethings is in a contract...even a traditional one signed in ink by both parties.... doesn't mean that it is legaly enforceable. Essentialy contracts don't trump laws or common law rights.

Companies will try to write all sorts of stuff into EULA's or regular contracts that doesn't stand a snowballs chance in Hades of being legaly binding. What is and is not legaly enforcable will vary by jurisidiction....and frankly you really want know for sure what will be upheld until it gets in front of a judge.

But it's a very big mistake to assume that just because a company writes "you are bound by condition X" that a court will agree with them.

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ORIGINAL: ilovestrategy

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ORIGINAL: warspite1

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ORIGINAL: ilovestrategy

This thread is getting long, it's getting about that time for a spam bot to copy and paste a random post from here.......[:D]

Okay then - random post: Name that song from which the lyrics below come from?

What are those dogs doing sniffing at my feet
They're on to something, picking up
Picking up this heat, this heat

Give me *****
And how you feel to make it real
Real as anything you've seen
Get a life with this dreamer's dream

You got me on that one! [X(]

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ORIGINAL: warspite1




It was steam (what else?) by Peter Gabriel

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ORIGINAL: Anthropoid

Heh, [:D] That is a real good song. Funny I didn't recognize the lyrics. There was a point when I knew them by heart and eagerly sang along anytimt it came on.