Linked by Thom Holwerda on Thu 27th Aug 2009 19:39 UTC
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Member since:
2006-02-14
According to the legal service in my company, EULAs are invalid in Belgium for the end user market. Because the EULA becomes only visible when you install the software, they are considered as imposed restrictions after the sale.
By law, all sales conditions should be known to the end customer at the moment of the sale, and cannot be changed unilaterally by one of the parties. So the EULA is void.
A very good analogy is that you buy a book where on the first page is written that by turning the first page you agree to ...
This does not mean that one can freely copy the software, the copyright legislation is still in place.
If we look to the actual situation, we don't see any legal action between software companies and end users, so the fact that EULAs are invalid has never come to court.
For the enterprise environment there are contracts between the seller and the buyer, so this is a complete different story.