Contract law

[WillJ]

When installing software, I never read end user license agreements, like almost everyone else. And when I click "I agree," I always wonder whether there is a possibility that somewhere in all the fine print is a clause saying I am giving up my soul, or something.

How dangerous is signing a contract without knowing everything it outlines (whether it's an EULA or anything else)? How much freedom does the writer of a contract have in outlining unusual, significant stipulations and not making them obvious to the signer?

 

[nihilistic]

There are lots of limits on what they can impose even if they state it explicitly. Much of what they say they have right to do to you is in fact unenforceable in court. You are better off worrying about what they ARE doing to you than worrying about what they claim they can do to you, especially online. AFAIK EULAs you sign on your computer do not have the same effect as contracts.

 

[JollyRoger]

A click agreement binds you to some things in the agreement, but a court would look more dimly at some of the harsher clauses (limitation of liabilty/ waiver of warranties) than they do when such clauses are included in an agreement actually signed by both parties and has been subject to actual negotiation between the parties. Consumer protection laws in most jurisdictions may also bail you out if the company tries to enforce certain abusive clauses against you.

 

[azzaman333]

You mean some people actually read those things?

 

[Adler17]

From a German position these license conditions are hotly debated in how far, if at all, they are enforceable. Once you do not buy a thing, but a license. But that means you have to know the conditions. As they are not shown to you when buying it is in no way, IMO, a replacement, if you are allowed to return the software if you are not agreeing. Indeed IMO these "licences" are all void. As no one got them at the time of buying. So only the copy rights are valid. That means you're not allowed to make more than security copies. However everything else is void. But again that is only one opinion!

Adler

 

[Perfection]

Yeah, I read it once, apparently Sid Meier owns all our houses

 

[nivi]

You mean some people actually read those things?

Well, I read a guy won 10,000$ (IIRC) becuase a company stuck it in somewhere on the EULA, apperently it took more then a year to claim the prize (IIRC).

 

[Erik Mesoy]

Most of them are unenforceable crap here in Norway and probably under most consumer laws, as they are generally attempted foisted on you wholesale after you have bought and opened/activated a product and hence cannot get a refund.

Non-negotiable conditions being declared retroactively = .

 

[El_Machinae]

There are a few problems with click agreements. By closing this screen you agree to give me $10,000 within a year.

 

[Brighteye]

I read them all the way through, savouring every word.
I think they're the greatest works of art man has ever produced. I only buy software to read the licenses (and it takes me so long that I certainly get my money's worth!).