[Novalug] OT: EULA restrictions

[Meg Larko]

Bonnie Dalzell wrote:
> Anyone here have knowledge of how legal strange EULA restrictions can be?
> 
> The people who sell commercial pedigree programs often have restrictions
> in the EULA such as: 
> 
> 8. You may not use the SOFTWARE to produce printed pedigrees for third
> parties under any circumstances except as provided in clause 7.
> 
> [Clause 7 says you have to pay them a lot more money if the identicle
> program is being used for commercial purposes].
My view is that it would depend upon how the term "third party" is interpreted.

If you use the sw to print pedigree sheets for all the kennels in Montana, for example and not just 
your own, you could be in violation of the EULA because the sw company wants every kennel in Montana 
to buy the sw and print their pedigrees.  Other kennels, not your own, would be the third party.  If 
you purchased the sw to do pedigrees for your own kennel to give to a buyer of one of your dogs, 
then I see no "third party";  I would view you as the owner of the sw using it for its intended 
purpose of providing necessary information to a client (2nd party).

DISCLAIMER:
I am not a lawyer.
> 
> Understand that the printed pedigrees contain ancestor information that
> the person who purchased the program researched and entered into the
> program. The ancestor information as such is not something that was
> provided by the vendor of the program.
> 
> Is this sort of  restriction pretty much the same as saying "the user 
> of this word processing program cannot type out a letter for a
> third party?

I perceive this as you may use your copy of the pedigree s/w to print out pedigrees for your dogs.
> 
> Here is another strange one:
> 
> Found at a site once a person decides to try out the program;
> 
> NOTICE: The demo version, or any version of XXXXXX (or its product
> variants), may not be downloaded by, or provided to, any competitor or
> third party associated with a competitor, nor any party planning to become
> a competitor. Competitors may not use, review or analyse XXXXXXX (or its
> product variants) either in whole or in part.  By clicking on the
> "Download Now!" button on this page you agree to the afore mentioned
> terms. 

I think I understand that the demo version is not to be "reverse-engineered" by a rival.  That is 
the sentiment behind the Digital Millenium Copyright Act (DMCA).   I have yet to understand if it is 
enforcable in a U.S. court of law.

Again, I am not a lawyer.

megan
> 
> 
> 
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>                        Bonnie Dalzell, MA 
> mail:5100 Hydes Rd ---- Hydes MD USA 21082-----EMAIL:bdalzell at qis.net
>  
> freelance anatomist, vertebrate paleontologist, writer, illustrator, dog
> breeder, computer nerd & iconoclast... Borzoi info at www.borzois.com.
>  
> Editor Net.Pet Online Animal Magazine  - http://www.netpetmagazine.com
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