Peter Alcibiades wrote:
The question isn't whether EULAs are contractually enforceable. As a class,
the answer is that they are. That means that consenting to them can lead to
a valid entry into a contract. CAN. That is not an issue.
The question is whether some particular terms in a contract, whether entered
into by EULA or other means, are enforceable and lawful in the jurisdiction
one lives in.
That's one question, and it may be interesting to see how it plays out
if Apple ever enforces the "Apple branded hardware" clause in their EULA.
But that particular question can only be answered by a court.
There are other questions we can answer for ourselves, like:
Do we want to enter into a relationship with a vendor who has already
clearly expressed in writing that they don't want us?
Forcing someone into a relationship just makes for an unhealthy
relationship.
There are other fish in the sea.
Choose one. Be happy.
--
Richard Gaskin
Fourth World
LiveCode training and consulting: http://www.fourthworld.com
Webzine for LiveCode developers: http://www.LiveCodeJournal.com
Follow me on Twitter: http://twitter.com/FourthWorldSys
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