> 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.
You bring up a interesting point here, and one I believe to be a growing problem in the future. EULAs are granted under the laws of a place designated by the vendor, not under the laws of where the user is located. Severability usually is based upon changes under that law, not under the laws of wherever the user is located. In the USA, there are some serious differences in state laws - one big example is the treatment of "chance", contests, raffles, etc. Typically how that's handled is that the agreement you go into when you participate in the contest is that the terms include the following: "Void where prohibited" - meaning, if some local law is contrary to the implementation of the contest, nobody in that area may participate in the contest. Vendors in specific jurisdictions will take into account the law of a specific location only (in the US, state, and in some respects, federal law). If a EULA is invalidated someplace, the vendor can simply terminate your rights under the license. Best regards, Lynn Fredricks President Paradigma Software http://www.paradigmasoft.com Valentina SQL Server: The Ultra-fast, Royalty Free Database Server _______________________________________________ use-livecode mailing list use-livecode@lists.runrev.com Please visit this url to subscribe, unsubscribe and manage your subscription preferences: http://lists.runrev.com/mailman/listinfo/use-livecode
