On Wednesday 13 April 2005 10:13 pm, Raul Miller wrote:
> > > What compels you to agree with an EULA?
>
> On Wed, Apr 13, 2005 at 06:54:29PM -0700, David Schwartz wrote:
> >     If you do not agree with the EULA, you cannot and do not acquire
> > lawful possession of the work.
>
> What about cases where you pay for the software before you're allowed
> to see the EULA?

It is enforcable and is called a rolling contract.  Seminal case is ProCD, 
Inc. v. Zeidenberg, 86 F.3d 1447 (7th Circut, 1996).

-Sean

-- 
Sean Kellogg
2nd Year - University of Washington School of Law
GPSS Senator - Student Bar Association
Editor-at-Large - National ACS Blog [http://www.acsblog.org]
w: http://probonogeek.blogspot.com

So, let go
 ...Jump in
  ...Oh well, what you waiting for?
   ...it's all right
    ...'Cause there's beauty in the breakdown

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