Hi Chris, Regarding the collected information, I think you are referring to the "Technical and Related Information" section of the license agreement.
There is a clause in there mentioning that we may not use the information in a way that personally identifies you or your computer. I understand that from a US legal perspective the whole of that article might be construed ambiguiosly, to not clearly exclude Sofa from being able and allowed to identify what repositories you are working on. From a Dutch legal perspective however there is always a large criterion of reasonability that is applicable to any legal disputes (that's one reason you won't find as many "and/or"s and "including but not limited to"s in Dutch contracts in contrast to US contracts), meaning that if we were to ever claim in court that the EULA gives us the right to know what repositories someone's working on, it would be highly unlikely for a judge to rule in our favor given the intent and purpose of Versions. That article is not intended to give us a free pass to spy on Versions users and we would absolutely never do such a thing. I'll try to work in an amendment to the agreement in a future release that makes this more explicit, as I'm sure that'll make more people feel more comfortable when they click on the "Agree" button, although strictly speaking there is no tangible legal need to do so. This also brings me more or less to your next question, about applicable law. Given the difference in how legal concepts are construed under different legislations (this difference is particularly notable between Dutch and US law, not to speak of the unique oddities of Californian law) changing the applicable law of our EULA would mean we'd have to pretty much rewrite the whole thing. It would also mean that any conflict we may ever enter into would have to be resolved in a Dutch court that has no expertise in US law, or on (for us) the other side of the ocean. Because one important purpose of the EULA for us is to be able to protect our intellectual property rights against possible infringers, such a change would be seriously impractical for us; it would effictively make taking action against such infringers too expensive to pursue in a lot of cases. For those reasons, we will not change under which legislation the EULA should be construed. I hope your legal department understands. If you'd like to continue the conversation, please feel free to email me directly at d...@madebysofa.com. I doubt that many others on the Versions group will find this topic insanely interesting. ;) All the best, - Dirk the Versions team On Oct 13, 7:34 pm, Chris <zomgfore...@gmail.com> wrote: > Hi, our legal department is blocking us from buying Versions until it can > determine a couple things: > > First thing: > > In your terms of use it says that you may use information submitted from us > for certain purposes(I'm paraphrasing here). We need to be sure that any > information which identifies projects being worked on, which are > confidential, are not having any information submitted to Sofa. Things such > as repo names, etc. I'm pretty sure that this isn't happening, just wanted > to clarify. > > Second thing: > Sofa is in Holland, and we are in the US. Does Sofa accept the Terms of Use > to be subject to US Law? Specifically California or New York. > > Thanks, > Chris Hill --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Versions" group. To post to this group, send email to versions@googlegroups.com To unsubscribe from this group, send email to versions+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/versions?hl=en -~----------~----~----~----~------~----~------~--~---
