🚀 go-pugleaf

On 14-Mar-96 22:43:33, Per Jacobsen <perjac@inet.uni-c.dk> wrote:
>Dan Parvaz (dparvaz@deafnet.com) wrote:

>> My attorney disagrees.  Under most s/w license agreements (and use of the
>> program in question implies agreement to terms of the program's license),
>> you have a certain period to try the program out before you are obligated
>> to pay the registration fee.

>You mean this would hold up in your courts? I've always thought it
>rubbish, it's like me walking up to you and say "If you blink you own me
>10 dollars", naturally that doesn't work. It takes two parties to make a
>deal, and just because you write in the docs "If you start the program" i
>wouldn't call that an agreement, i hope the law doesn't either.

  A software license is enforcable in court.  However, the so-called shrink-wrap
licenses -- those that you can only examine AFTER you've purchased the package -
-- are not likely to hold up.  Shareware & commercial site licenses, OTOH, are
stated upfront, at the time you get to decide if you wish to use the program or
not.  In any case, continued use of copyrighted material without compliance with
the copyright owner's terms is illegal.  You have the right not NOT use the
software, and thus not be charged for using it.  But violating the terms of use
is the same, legally, as making copies of commercial software for use without
purchasing that software.

  Any licensing must be clearly and readily available and understandable.  If
the license is "attached" to the program, but doesn't make its terms clear to
you, then you can justifiably say that you didn't know or understand the terms.
  Thus, most shareware has blatant notices of that status, requirements for
registration, etc., to make sure you are aware of the requirements for legal u.


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