New Feature – The EULA Gallery

Since we just started, I suppose pretty much every feature is new.  However, I thought this deserved special attention.

We plan to spend some time here reading, discussing, and analyzing (and mocking?) End User License Agreements, or EULAs.  One way to support that discussion will be our new EULA Gallery.  If we discuss a EULA, we’ll archive the discussed version there for posterity.  We may also post other interesting EULAs for general comment discussion, or just for reference.

If you enjoy EULAs as much as I, the FinePrintReader, enjoy EULAs, I’m sure you’ll enjoy our gallery.  Of course, since that statement will probably apply to approximately no one, I hope you at least grudgintly find it marginally useful.


One Response

  1. What is your comment on this term from a EULA?

    Indemnity Against Claims. Subject to the terms of this Section 17, XYZ shall defend and indemnify Licensee from any claims, demands, suits, actions, liabilities (including reasonable attorney fees) or proceedings brought against Licensee in a court of competent jurisdiction which allege that an infringement of any third party patent, copyright, and/or trade secret rights existing under the laws of Canada and/or United States, individually and collectively referred to as a “Claim”) and any judgment finally awarded in respect of such Claim, for which all avenues of appeal have been exhausted, or any final settlement of such Claim, to the extent that such Claim arises solely as a result of Licensee’s use of the Software within Canada and/or the United States in accordance with the provisions of this EULA and applicable Documentation and provided: (a) the alleged and/or actual infringement has not been caused by the use of a superceded version of the Software if the infringement would have been avoided by the use of a then current unaltered release of the Software, or by the modification of the Software by any party other than XYZ, or by the combination and/or use of the Software with software, hardware, firmware, data, and/or technology not licensed to Licensee by XYZ or approved by XYZ in writing; and (b) Licensee promptly notifies XYZ in writing within ten (10) days of Licensee first becoming aware of each such Claim; and (c) Licensee does not make any admission against XYZ’s interests and Licensee does not agree to any settlement of any such Claim without the prior written consent of XYZ; and (d) Licensee, at the request of XYZ, provides all reasonable assistance to XYZ in connection with the defence, litigation, and/or settlement by XYZ of each such Claim at XYZ’s expense; and (e) XYZ has sole control over the selection and retainer of legal counsel, as well as over the litigation and/or the settlement of each Claim.

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