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Path: utzoo!watmath!clyde!bonnie!akgua!mcnc!ecsvax!phco
From: phco@ecsvax.UUCP (John Miller)
Newsgroups: net.micro
Subject: Re: The next generation of software licences
Message-ID: <303@ecsvax.UUCP>
Date: Thu, 22-Aug-85 21:52:32 EDT
Article-I.D.: ecsvax.303
Posted: Thu Aug 22 21:52:32 1985
Date-Received: Sun, 25-Aug-85 06:19:14 EDT
References: <1222@ubc-cs.UUCP>
Reply-To: phco@ecsvax.UUCP (John Miller)
Organization: Univ. of North Carolina at Chapel Hill
Lines: 70

In article <1222@ubc-cs.UUCP> manis@ubc-cs.UUCP (Vince Manis) writes:
>
>                        *HEY, SCUZZBAG*
>              *IF YOU OPEN THIS PACKAGE, YOU AGREE*
>             *TO THE FOLLOWING TERMS AND CONDITIONS.*
>
>1. Flubber Systems Inc. (THE VENDOR) provides this program for use on a 
>   single machine, insofar as it may be used on any machine at all.
>
>2. THE VENDOR does not warrant that this program will perform the function
>   or functions it is advertised to perform, that it will perform any function
>   at all, that the documentation is correct, or that there is even a 
>   diskette and/or documentation (PROGRAM MATERIALS) in the box. The 
>   purchaser assumes all responsibility  for determining whether he or she
>   got rooked or not.
>
>3. THIS PRODUCT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING
>   BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
>   FOR A GIVEN PURPOSE. SHOULD THE PRODUCT PROVE DEFECTIVE, IT IS UP TO THE 
>   PURCHASER TO DETERMINE THAT THE PROGRAM IS DEFECTIVE AND PROVIDE TO THE
>   VENDOR THE SOURCE CODE CHANGES NECESSARY TO ENSURE THAT THE PROGRAM 
>   FUNCTIONS CORRECTLY.
>
>4. In respect of condition 4, THE VENDOR will not furnish any source code 
>   to the purchaser even should the purchaser be willing to repair PROGRAM
>   MATERIALS at his/her own cost.
>
>5. THE VENDOR agrees to provide technical support at a scale of fees to be
>   determined once THE VENDOR has written the software. Such technical support
>   shall consist of telephone support conducted from an unlisted number in
>   Malawi. THE VENDOR does not warrant that such support will be responsive,
>   or that any advice furnished to the purchaser shall be correct, complete,
>   or even vaguely useful. 
>
>6. This agreement shall remain in force until THE VENDOR gets tired of it. 
>   At the termination of the agreement, the purchaser agrees to destroy 
>   all PROGRAM MATERIALS, and to give to THE VENDOR the results of all use
>   of said PROGRAM MATERIALS. THE VENDOR may choose to give or sell such
>   results to any person, but assumes no liability for the correctness or
>   usefulness of such results; all liability remains with the original 
>   purchaser.
>
>7. The following actions, or similar, shall result in immediate termination
>   of this agreement, as provided under condition 6: unauthorised duplication
>   of the software (even for backup purposes); possession of any program 
>   whose purpose is to defeat copy protection mechanisms; advocacy of 
>   so-called ''consumer protection'' legislation, which restricts the 
>   freedoms of software vendors; any public or private utterance which 
>   disparages THE VENDOR, the PROGRAM MATERIALS, any other product marketed
>   by or endorsed by THE VENDOR, or the software industry in general. 
>
>8. This agreement shall be governed by the laws of The Republic of Albania, and
>   by the philosophy of its now-departed leader, Enver Hoxha.
>
>BY READING THIS FAR, YOU HAVE ALREADY CONSENTED TO THIS AGREEMENT. IT'S TOO
>LATE NOW, SUCKER!


I must have missed something.  How does this differ from the license
agreements currently prevailing?  (;-)

Seriously, though, the old saw applies as much to today's high tech market
as it ever did to anything:  CAVEAT EMPTOR!


-- 

                        John Miller  (ecsvax!phco)
                        Dept. of Pharmacology, Univ. of N.C.-Chapel Hill
                        Chapel Hill, NC 27514       (919) 966-4628