Linked by Thom Holwerda on Fri 25th Apr 2008 15:01 UTC
Permalink for comment 312015
To read all comments associated with this story, please click here.
To read all comments associated with this story, please click here.
News
Linked by Thom Holwerda on 05/18/13 21:06 UTC
Linked by Thom Holwerda on 05/18/13 7:37 UTC
Linked by fran on 05/18/13 1:38 UTC
Linked by Thom Holwerda on 05/17/13 23:35 UTC, submitted by kragil
Linked by MOS6510 on 05/17/13 22:22 UTC
Linked by Thom Holwerda on 05/17/13 22:15 UTC, submitted by Tom
Linked by Thom Holwerda on 05/16/13 21:41 UTC
Linked by Thom Holwerda on 05/16/13 17:04 UTC
Linked by Thom Holwerda on 05/16/13 13:17 UTC
Linked by Thom Holwerda on 05/16/13 12:06 UTC
More News »
Sponsored Links



Member since:
2005-07-06
Don't know much about Dutch law, but it sounds like you are referring to laws that apply to all purchases, regardless of any stipulations contained in the separate, private contract that is an EULA.
Correct, all purchases, regardless wether they are about software, cars or food are subject to the terms in the Burgerlijk Wetboek. They regulate the rights of the buyer (i.e. right of warranty) and the rights of the seller (i.e. right to get paid in a reasonable amount of time).
An invoice is a proof that a purchase agreement between two parties exists, and it states the goods that have been purchased. So, if the invoice states "MS Office", you have purchased (a copy of) MS Office.
So, given that I bought a copy of MS Office and not the right to use it, what law prevents my right to use it?
No law prevents you to use it. Just as no law prevents you reading a book, no law prevents you using software.
However, the software won't install without that you enter in to an agreement, which says you shall use the software only under some conditions. As soon as you click "accept" there exists an agreement between you and Microsoft.
Now back to the purchase agreement. It has to be clear from the start, that you will be bound to usage limitations by means of an EULA. Otherwise you don't know what you buy. So, if it is written on the box that an EULA needs to be accepted, the buyer is fully informed about what he is going to purchase, he knows that he buys a product that will require him to accept an agreement.
If there is nothing on the box, the buyer will get an unexpected surprise when he tries to use the copy of the software he bought. Then he can either nullify the purchase agreement and get his money back, or force the seller to comply to his obligation in the purchase agreement: Supply buyer the product he has been paid for (which would be without EULA in such a case).