On Sat, 27 Nov 1999, Richard Stallman wrote:
> to adults, or only people with red hair, that is ok. Asking people to
> agree that they will use the software only in accord with the license
> is ok, provided the license is a free software license.
>
> If the license is a free software license, then it permits you to put
> the software on your own ftp site and allow anyone to copy it. So
> that is a thing you could "do about" the situation.
>
> You sent me only part of the page. The rest of the page may have some
> sort of problem. For instance, the license may not qualify as a free
> software license. Alternatively, if this text refers to a specific
> license, and if the software it purports to cover is GPL-covered, and
> if the specific license contradicts the GPL, that would be a violation
> of the GPL. I have, at present, insufficient evidence to know whether
> either of these is the case.
>
I'm including the full text below. What I find particularly odious is
not the exclusion of minors (though it is odious), but the contention (as
usual in purported EULAs) that Corel still retains title to the copy of
the software downloaded, whether it's under GPL or not. The problem is,
that if they retain ownership, they (or someone else later down the road)
may attempt to circumvent the GPL by claiming the downloaders never owned
a copy, and therefore the license does not apply to them. I, for one,
would like to see some kind of formal (and if necessary legal) opposition
to this pretense (for I do see it as a pretense and neither legal nor
enforceable - IANAL, YMMV) to clarify this problem for the future and any
opportunists who think they may have a loophole to exploit.
The difference between this "license" and the GPL or other free software
licenses, is that the latter is a copyright license, and the former is
not (or, rather, is a "license" for permitting what is fair use of one's
copy anyway).
Corel should segregate all non-free software in their distribution and
then limit the pretense to that software, leaving only the
warranty/liability disclaimers intact for the free part.
End User License Agreement
IMPORTANT: READ CAREFULLY THE TERMS AND CONDITIONS OF THE FOLLOWING
AGREEMENT ("LICENSE") BEFORE DOWNLOADING THE PRODUCT. BY CLICKING
"ACCEPT" BELOW:
1.YOU CERTIFY THAT YOU ARE NOT A MINOR AND THAT YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THE LICENSE
BELOW. DOWNLOADING AND/OR USING THE PRODUCT WILL BE AN
IRREVOCABLE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE
LICENSE.
2.YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL INTERNET SERVICE
PROVIDER FEES, TELECOMMUNICATION AND OTHER CHARGES THAT MAY
APPLY AS A RESULT OF YOUR DOWNLOAD OF THE PRODUCT;
3.IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, OR OTHER LEGAL
ENTITY, YOU REPRESENT AND WARRANT TO COREL THAT YOU HAVE FULL
AUTHORITY TO BIND SUCH ENTITY.
ATTENTION:THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER
THE FOLLOWING AGREEMENT WHICH DEFINES WHAT YOU (HEREAFTER REFERRED
TO AS "YOU" OR "YOUR") MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS
ON WARRANTIES AND/OR REMEDIES.
COREL LINUX LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS AGREEMENT BEFORE USING THIS PRODUCT.
INSTALLING OR OTHERWISE USING THIS PRODUCT INDICATES YOUR
ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE
BOUND BY AND COMPLY WITH ITS TERMS.
A. LICENSE:
1. Corel LINUX is a modular operating system made up of individual
software components that were created by various individuals and entities
("Software Programs"). Many of the Software Programs included in Corel
LINUX are distributed under the terms of the GNU General Public
License ("GPL") and other similar license agreements which permit You to
copy, modify and redistribute the Software Programs. Please review the
terms and conditions of the license agreement that accompanies each of the
Software Programs included in Corel LINUX. You can also visit
linux.corel.com/products/linux_os/licensing.htm for additional licensing
information.
2. In addition to the freely distributable Software Programs, some
versions of Corel LINUX may also include certain Software Programs, such
as Corel WordPerfect 8 for Linux and Bitstream fonts included with Corel
LINUX, that are distributed under the terms of the GPL or similar licenses
that permit modification and redistribution. Generally, each of these
Software Programs is distributed under the terms of a license agreement
that grants You a license to install each of the Software Programs on a
single computer for Your own individual use. Copying (other than for
archival purposes), redistribution, reverse engineering, decompiling
and/or modification of these Software Programs is prohibited. Any
violation by You of the applicable license terms shall immediately
terminate Your license to use the Software Program. In order to view the
complete terms and conditions which govern Your use of these
Software Programs, please consult the license agreement that accompanies
each of the Software Programs. You can also visit
linux.corel.com/products/linux_os/licensing.htm for additional licensing
information. If You do not agree to comply with and be bound by the terms
of the applicable license agreements, do not install or otherwise use the
relevant Software Program. If you wish to install these Software
Programs on more than one computer, please contact the vendor of the
program to inquire about purchasing additional licenses.
B. PROPRIETARY RIGHTS:
All right, title and interest in the Software Programs, including source
code, documentation, appearance, structure and organization, are held by
Corel Corporation, Corel Corporation Limited, and others and are protected
by copyright and other laws.
C. WARRANTY:
IF THIS PRODUCT WAS DISTRIBUTED BY COREL ON CD-ROM OR OTHER TANGIBLE
STORAGE MEDIA, WE WARRANT THAT THE STORAGE MEDIA IN THIS PRODUCT
WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP UNDER NORMAL
USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE THAT YOU ACQUIRE IT.
IF SUCH A DEFECT OCCURS, RETURN THE MEDIA TO US AT, COREL CUSTOMER
SERVICE, 1600 CARLING AVENUE, OTTAWA, ONTARIO, CANADA, K1Z 8R7 AND WE
WILL REPLACE IT FREE OF CHARGE. THIS REMEDY IS YOUR EXCLUSIVE REMEDY
FOR BREACH OF THIS WARRANTY. IT GIVES YOU CERTAIN RIGHTS AND YOU MAY
HAVE OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO
JURISDICTION.
D. LIMITATION OF WARRANTIES AND LIABILITY:
EXCEPT WHERE SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT AND THE
APPLICABLE LICENSE AGREEMENTS WHICH ACCOMPANY EACH SOFTWARE
PROGRAM, COREL LINUX, INCLUDING WITHOUT LIMITATION EACH SOFTWARE
PROGRAM, IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY
QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR
OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF COREL
LINUX IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS, SUPPLIERS OR
LICENSEES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT,
LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE
FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND
SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR
COREL LINUX. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR
NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL
CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
E. DISTRIBUTION
If you are permitted to redistribute Software Programs, it is Your
responsibility to comply with all export laws, rules and regulations in the
jurisdictions where the Software Programs are exported or re-exported from
time to time.
F. GENERAL:
This Agreement, together with the GPL and other license agreements which
are referred to in paragraph A, is the entire agreement regarding your
use of Corel LINUX, superseding and other agreement or discussions, oral
or written, and may not be changed except by a signed agreement. This
Agreement shall be governed by and construed in accordance with the laws
of the Province of Ontario, Canada for product purchased in Canada and by
the laws of the Republic of Ireland for product purchased outside of
Canada, excluding that body of law applicable to choice of law and
excluding the United Nations Convention on Contracts for the
International Sale of Goods and any legislation implementing such
Convention, if otherwise applicable. If any provision of this Agreement is
declared by a Court of competent jurisdiction to be invalid, illegal, or
unenforceable, such a provision shall be severed from the Agreement
and the other provisions shall remain in full force and effect.
IF YOU DO NOT AGREE WITH THE ABOVE, CHOOSE THE "DECLINE" BUTTON AND
YOUR REQUEST WILL NOT BE PROCESSED.
> I will send mail now to fetch the URL you mentioned. Meanwhile, could
> you or someone determine for me whether specific GNU packages such as
> GCC and GNU Emacs are included in the software that this question
> applies to?
>
>
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