Do you have examples? I need to back that statement up here at the office...
Corel's OEM Addendum
http://www.cae_refcentar.fsb.hr/download/eula/Corel_11_EULA.pdf
<quote>
5. OEM EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT:
OEM PRODUCT IS SOLD UNDER LICENSE IN CONJUNCTION WITH COREL APPROVED PARTNER PRODUCTS OR SERVICES
WHICH ARE DESCRIBED IN THE WARNING LOCATED ON THE STORAGE MEDIA. IF THIS PRODUCT IS IDENTIFIED AS
AN OEM EDITION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT
AS MODIFIED BY THE TERMS OF THIS OEM EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS OEM EDITION
ADDENDUM, THE TERMS OF THIS OEM ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GENERAL LICENSE AGREEMENT, YOU MAY NOT TRANSFER OR
ASSIGN THE PRODUCT OR ANY COPY THEREOF, OR YOUR LICENSE TO USE THE PRODUCT TO A THIRD PARTY.
</quote>
Here's an interesting article from Linux Journal concerning unused OEM software.
http://www.linuxjournal.com/article.php?sid=5628
As for EULA's being Enforceable, they are like any legal document of the type. I remember reading a rental agreement for an Apartment that stated that you could not have pets including cats. This was in Calgary and I know for a fact that is not legally enforceable because I worked for an Apartment building. It was in the contract in hopes of discouraging people from having cats not because it was legally enforceable.
Remember that EULA also claims that it is illegal to Reverse Engineer Software. Now that wasn't even close to being true until the advent of the US DMCA law but it was still in EULA. In fact the DMCA violates US common law that says that you can take something apart to find out how it works. Of course the DMCA is only a US Law and Reverse Engineering is not illegal still in most parts of the world and I believe that includes Canada.
regards, -- Mark Lane, CET mailto:[EMAIL PROTECTED] Hard Data Ltd. http://www.harddata.com T: 01-780-456-9771 F: 01-780-456-9772 11060 - 166 Avenue Edmonton, AB, Canada, T5X 1Y3 --> Ask me about our Excellent 1U Systems! <--
