Author: Chris Conkie
Date: 12:08:43 09/26/05
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On September 26, 2005 at 14:57:24, Frank Mueller wrote: >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. I don't think we disagree and that is why I answered Dann as I did. "surprising provision" no doubt, but what if it is the "unsurprising" ... "you may install this on only one computer". >Such clauses might be legally ineffective even if this person read / don't read >them before he/she breaks the seal. ;-) True, but no with "unsurprising" license agreements. >You will find corresponding provisions in other European Community jurisdictions >and also in U. S. federal states consumer laws. > >Frank Yes, customer protection exists here as well for unreasonable/unscrupulous licence agreements, but not for reasonable ones. Reasonable ones win in court mostly. Hope this explains what I mean exactly. Chris Chris
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