Hi dirk,

Thank you for this clarification. I appreciate your thoughtful and detailed
reply. I have forwarded this information on to our legal department, and I
hope they make the right decision. Regardless, I find Versions indispensable
and forked over my own cash to buy it while the lawyers bore us all to
death. :)


On Fri, Oct 16, 2009 at 11:32 AM, Dirk Stoop <d...@madebysofa.com> wrote:

> 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
> >

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