>Hi Walter,
>
>(IANAL...) "By default" is too strong. If EULA is printed outside the box or you are handed the text BEFORE buying, it will be binding, as the contract deemed important (the actual sale) was done when seller did everything possible to inform customer in advance.
>Of course any single stipulation hidden at page 137 or so can still be challenged, but the default will be "both sides agree".
>
>If EULA is sprung on customer AFTER the sale, before installing, default is "not enforcable".
>Unclear what is the judicial case if only reference to EULA is made on the box/before sale.
>
>For me, modus operandi usually is to quick-scan official brochures - most of the time now typical areas of conflict like # of installs are mentioned there. Anything not covered there and sprung on me later in the EULA I risk to fight in about, if not returning the SW on the spot. Anything over 3 pages of legalese sprung upon me after the sale I probably will not even quick-scan.
>
>//UPD:
>Thinking this through from vendor POV, I guess the best way to make EULA binding is to offer a time-limited free testing period. If you show EULA then no contract already has been reached, vendor can enforce agreement before install.
>After testing, if customer wants to buy, be sure to remind him again to the clauses afreed upon before first install - should be defaulting to binding then.
>Unexpected benefit for offering test period ;-)
>
>
>>Did you know that copyright laws already protects the vendor against illegal copying and reselling software and explicitly allows for reverse engineering and decompiling?
>>From what I gather is that in Germany click wrap EULAs are by default non enforceable, the copyright allows you from decompiling and potentially fix existing bugs. Just like Chen does.
>>
>>I would be surprised that VFP9 EULA is enforceable in china. We are considering entering the market in china with our flagship product, but one of the problems is that we have to deposit our source code to the Chinese government and leaves us powerless to protect our codebase.


- Years since making my first software sale - 35

- Number of individual software sales made - 300 + (I lost count)

- Number of times the EULA was an issue - 0

- Topic that is irrelevant in the real world - this one.


My generation had the benefit of enjoying the ironic wisdom of this fella -https://en.wikipedia.org/wiki/C._Northcote_Parkinson

Somewhere along the way, however, informed discourse seems to have lost its sense of humor.

Check out CNP, it's worth the trip.

If that doesn't do it, go back several hundred years more and check out Puck:

"Shall we their fond pageant see?
Lord, what fools these mortals be"