Linked by Nescio on Mon 9th Mar 2009 08:05 UTC
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Member since:
2008-07-24
This article is written from a US perspective, but most common law countries (England, Scotland, Canada, Ireland, Australia, etc) will see things from a similar perspective and would also regard the EULA as a second agreement that Apple is attmepting to enforce post-sale. What's not exactly clear to me is how the EULA can be enforced and what remedy would be available to Apple if I should breach it.
Under English law, a legally enforceable contract requires all of the following: offer, acceptance, consideration (something of value) and an intention to create legally binding relations. It's not remotely clear that all of these conditions are met when I click on the EULA acceptance button; in particular, as no consideration has been exchanged between Apple and me, I cannot see how the agreement could be enforced under our contract law.