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Subject: Re: Purchasing Fruit: a disappointment

Author: Frank Mueller

Date: 11:57:24 09/26/05

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On September 26, 2005 at 14:05:29, Chris Conkie wrote:

>The point is it's legally binding. When you break the seal of the software you
>are beholden to the license whether you read it or not.

Sorry, Chris, that's not always correct. For example, according to German civil
law clauses within *general* terms and conditions (i. e. provisions not
negotiated individually between the parties but predetermined by one party) will
not be binding for a private customer if the respective clause contains a highly
surprising provision you normally wouldn't expect in that field of business.
Such clauses might be legally ineffective even if this person read / don't read
them before he/she breaks the seal. ;-)

You will find corresponding provisions in other European Community jurisdictions
and also in U. S. federal states consumer laws.

Frank



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