v_ware wrote...
Look at this:
http://whatconsumer....contract-terms/
(From the PDF linked on that page)…
Unfair Terms
5.—
(1) A contractual term which has not been individually negotiated shall be regarded asunfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it hasbeen drafted in advance and the consumer has therefore not been able to influence the substanceof the term.
I suppose a good question would be, is an EULA a “contract”? According to EA it is: (EA’s T&C). “These Terms of Service form a legally binding contract between you and EA”.
...So...Pretty shady stuff EA...
My understanding is that all software companies are very careful to avoid going to court over EULA terms, because it is unclear whether they would be upheld or struck down. If struck down it could devastate the legal protections that software companies are placing on their products.
I remember reading an analysis of the MS Windows EULA. In order to read the EULA you had break the shrink wrap. The EULA stated that by breaking the shrink wrap you were accepting the EULA....




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