EULA Hall of Shame

Below are links to information regarding the most recent inductees into the EULA Hall of Shame. Read and learn! You have been warned!

GOOGLE
MICROSOFT

MICROSOFT FRONTPAGE (website building program)

Date: 5-16-07

Subject: Microsoft FrontPage EULA bans free speech

URL: see below

Quote: You may not use the software in connection with any site that disparages Microsoft, MSN, MSNBC, Expedia, or their products or services, infringe any intellectual property or other rights of these parties, violate any state federal or international law, or promote racism, hatred or pornography.

Analysis: It seems that sometimes Microsoft (as well as other companies) has more than one EULA for the same program, including printed-paper EULAs placed inside retail box versions of certain programs. The above quote refers to the famous article written by Ed Foster of Infoworld Magazine, which, as of this date, may be found at
www.infoworld.com/articles/op/xml/01/10/01/011001opfoster.html

Quoting and parphrasing from Ed's article, we write:
FrontPage 2002, retail version. Contained a four-page folded sheet with two bold lines saying "Microsoft FrontPage 2002" and "Licenses: 1" at the top, followed in big letters by "End-User License Agreement for Microsoft Software." Several paragraphs down, in what otherwise seemed like the standard Office application EULA complete with all the typical warranty disclaimers, was the "Restrictions" paragraph containing the restriction. The whole sentence read: "You may not use the software in connection with any site that disparages Microsoft, MSN, MSNBC, Expedia, or their products or services, infringe any intellectual property or other rights of these parties, violate any state federal or international law, or promote racism, hatred or pornography."

"Disparage?" Please read Ed's article for the complete story.
Way to go, Ed!

========================================

Subject: Frontpage 2002 and 2003 (not 2000) Web version EULA

URL: www.microsoft.com/about/legal/useterms/default.aspx

Quote: [Using “media elements” (clipart, etc.)], You may not create obscene or scandalous works, as defined by federal law at the time the work is created...

Analysis: Oh, swell! Obscene? Scandalous? Is there really a "federal law" definition of "scandalous?" Court decisions, yes, but a definition in the United States Code? Who dreams up this crap?

========================================

Subject: FrontPage 2003 web version

URL: www.microsoft.com/about/legal/useterms/default.aspx

Quote: [using FrontPage “Web components,” (MSNBC news headlines, MSN search, etc.)] You may not use the Web Components in connection with any site that is likely to… violate any applicable law, or promote[s] racism [or] hatred…

Analysis: Who defines what "is likely?" Who defines "promote?" Who defines "racism?" Who defines "hatred?" A completely absurd clause, which, sadly, is common to many EULAs.

Quote: Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

Analysis: Be prepared to burn your CDs, manuals, boxes, and maybe even the shrinkwrap that they came in.

EULA Hall of Shame EULA

The following constitutes the EULA Hall of Shame EULA
(End Users License Agreement).
Please read carefully!
1. By viewing, seeing, casting your eyes upon, accessing, thinking about, hearing about, or in any other way using your ocular, auditory, cranial or other sensory faculties or facilities to gain any knowledge of or information from the EULA Hall of Fame website (hereinafter known as EHOF) you agree to be bound in perpetuity and forever and ever amen by the terms and conditions of this EULA agreement, which constitutes a binding contract upon you without any legal resort, appeal, petition or redress of any kind, either known or which may become known in the future.
2. You agree that EHOF, along with its creators, initiators, employees, associates, heirs, assigns, architects, authors, relatives, entrepreneurs, fathers, mothers, brothers, sisters, children, cousins and other in-laws, founders, inventors, makers, originators, parents, patriarchs, builders, contributors, developers, pioneers, affiliates, allies, cohorts, colleagues, confederates, copartners, fellows, partners, chums, companions, comrades, cronies, fellows, mates, hirelings, jobholders, workers, hires, hired hands, and anyone else that EHOF and its creators, initiators, employees, associates, heirs, assigns, architects, authors, relatives, entrepreneurs, fathers, mothers, brothers, sisters, children, cousins and other in-laws, founders, inventors, makers, originators, parents, patriarchs, builders, contributors, developers, pioneers, affiliates, allies, cohorts, colleagues, confederates, copartners, fellows, partners, chums, companions, comrades, cronies, fellows, mates, hirelings, jobholders, workers, hires, and hired hands shall deem worthy shall be able to do anything whatsoever that they please, and, if you don’t like it, well then, that's just too bad for you.

SCROOGLE.org
SEARCH

Yeah, it's cheesy to include Google ads on this website, but, hey, we figure that as much as we rag on Google, they should pay us for the privilege. Hmmm, there's some interesting logic for you!

If you know of a EULA that should be inducted into the EULA Hall of Shame, PLEASE EMAIL US at the address found below. If you submit a EULA for inclusion, YOU MUST INCLUDE (1) the name of the company originating the EULA, (2) the name of the program, website or other device that incorporates the EULA, (3) a link to a website owned by the EULA originator that displays the EULA, OR the ORIGINAL FACTORY OEM floppy disc, CD, DVD or printed-on-paper document that contains the EULA. We only deal with original factory OEM products -- WE WILL NOT ACCEPT COPIES. If necessary, we will provide you with a land-location mailing address, and, when we are through with our analysis, your materials will be returned, AND, (4) your reasons why you dislike the EULA.
EMAILS THAT DO NOT CONFORM TO THE ABOVE REQUIREMENTS WILL BE IGNORED.

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If you feel that information found on this website has somehow wronged you or your company, please email us at the address found above. We take all such communications very seriously. Be advised, however, that nasty, threatening or otherwise abusive emails will be forwarded to our team of pitbull attorneys, who would love nothing more than to take a EULA lawsuit all the way to the U.S. Supreme Court. You read eourd EULA, didn't you?
We do not "deep-link" to EULAs or other information found on webites, so you may need to copy and paste URLs into your browser in order to view certain information. We feel that this is a fair practice, as we are simply reporting what appeared in our browser's address bar, and not providing an actual link.

The contents of this website are Copyright 2007 and following years by Dave Moore and the EULA Hall of Shame. This website is provided for informational purposes only, and is not intended to provide legal advice of any kind. Materials found on this website which are not the property of Dave Moore and the EULA Hall of Shame are the property of their respective owners, and are used and reproduced pursuant to the Fair Use and other applicable laws of the United States of America. See fairuse.stanford.edu for more information. This website went online May 19, 2007. Also, thanks to Chris Hansen for the cool font!

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