Dale Mentzer wrote: . > I agree, that this license aggreement really sucks. I was only making . > the point that contractual aggreements entered into voluntarily and . > knowingly can abridge the the rights of either party. I guess to be . > more accurate the partys SURRENDER their right(s) in a limited . > cirucmstance.
HOWEVER, and bear in mind that I am not a lawyer, when one party to an agreement operates from a position of inordinate strength over a party of considerably less strength, it is my understanding that courts have ruled that the contracts were NOT mutually agreed upon, but a contract was forced on the party having lesser strength, and, thus, invalid. Since a contract is supposed to be a mutual agreement, both parties should have an approximately equal ability to understand the contract and approximately equal strength in negotiating the conditions of the contract. When one party says, "Take it or leave it," and dangles a carrot in the form of money (or other tangible benefits) in front of the other party, mutual agreement goes out the window. Roger Turk Tucson, Arizona USA
