On Monday, July 12, 2004, at 08:24AM, vic.williams <[EMAIL PROTECTED]> wrote:
>More intersting I only have to ask Chas he has given his judgment maybe >he thinks before breaking the seal you have entered into a contract with >binding terms but I have yet to see anyone sucessfully prosecuted for >buying the product. It is clearly marked on all published software (that I have seen) that you must accept the terms and conditions of use before opening the package, or breaking the seal on the program disk, or loading the software, or whatever ythe particualr publisher states. In the case of DVD cased products, this is in reality a farse becuase the terms are always *in* the box/DVD case (the assumption is if your really snotty enough to want them you ring up the publisher and ask for them!). In more reasonable cases the disc is usually sealed in a pocket with a label that states you must accept the agreement before breaking this seal, and so gives you the oppertunity of reading the terms first, or the software installer gives you the document to read before you install the software and asks you explicitly to agree to the terms. The latter is usually used oin DVD-cased games. In most cases I have seen (the best example being Microsoft software) it clearly states you many return the software unopened (i.e. with the seal in tact or whatever) for a refund in full if not satisfied with the terms and conditions of use. As such retailers are bound by law to accept *unopened returns*. My point is that at the point of breaking the seal (or whatever is stated you must or must not do) you enter into a legally binding agreement with the software's publisher to accept their terms of use. The only terms you are bound by until that moment are the terms of sale of the vendor/retailer. You can therefore theoretically pass the software to anyone you chose in it's original packaging as long as you have not passed that point at which the terms are agreed to, without inavlidating the licence. -- Mark Benson http://homepage.mac.com/markbenson -- The iMac List is sponsored by <http://lowendmac.com/> and... Small Dog Electronics http://www.smalldog.com | Refurbished Drives | - Epson Stylus Color 580 Printers - new at $69 | & CDRWs on Sale! | Support Low End Mac <http://lowendmac.com/lists/support.html> iMac List info: <http://lowendmac.com/imac/list.shtml> --> AOL users, remove "mailto:"; Send list messages to: <mailto:[EMAIL PROTECTED]> To unsubscribe, email: <mailto:[EMAIL PROTECTED]> For digest mode, email: <mailto:[EMAIL PROTECTED]> Subscription questions: <mailto:[EMAIL PROTECTED]> Archive: <http://www.mail-archive.com/imac-list%40mail.maclaunch.com/> --------------------------------------------------------------- >The Think Different Store http://www.ThinkDifferentStore.com ---------------------------------------------------------------
