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Hmmm...I'm pretty sure you have previously stated that you had been told by a law professor in NL that EULA's are legal there too. It would seems that at least one part of Europe is as fucked as the U.S.
Of course, EULA's can't over-ride your local consumer laws anyway so it's not a disaster.
Let me comfort you: We have a good law system that does not allow post sale restrictions.
An EULA can be legal in .nl, like it can be legal in most of the world, since it is a contract. Christiaan Alberdingk Thijm is am intellectual property lawyer that always a bit pro-industry, but in principle what he explained to Thom was correct: If a software comes with an EULA, you should not assume it is void.
Now the other part of the story.
In The Netherlands, like in the rest of the world that has a law system based on Roman law, the sales agreement is considered very important. If there exists a sales agreement (which can be proven by an invoice), the software is sold.
Therefore a Shrink-Wrap/Click-Wrap EULA stating "licensed, not sold" writes nonsense under Dutch law, and therefore looses its power to enforce restrictions.
There are a few other ways to attack EULA's, namely:
* Consumer protection laws
* Laws on Terms & Conditions
If EULA is agreed on as part of the sales agreement, is not contrary to consumer laws, and not contrary to laws on terms & conditions, then it is legally binding.
However, I haven't seen many EULA's that pass this. Edited 2010-09-11 14:52 UTC