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

Date: 5-18-07

Subject: Microsoft Office -- certain "features"

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

Quote: [Some Office features] use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software.

Analysis: It could have simply read, "We will gather any information that we please from your computer and send it wherever we like." What's the difference? Who determines what constitutes an "appropriate system?" Who determines if it is "appropriate?" What if I don't think that it's "appropriate?"

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

Subject: Office 2007

Quote: If the software includes Microsoft Office Groove (“Groove”), Groove will allow you to communicate directly with others over the Internet. If you are not on the Internet, your communications will be
encrypted and sent through Microsoft servers for later delivery. You can not disable this service.

Analysis: Well, that sucks! What are the encryption protocols? Who has the encryption keys? Why can't you disable the service? It doesn't sound very "groovy."

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

Subject: Office 2007

Quote: If installing or using the software damages your computer, or causes “incidental, consequential or other damages,” you may have no recourse, even if Microsoft “knew or should have known about the possibility of the damages.”

Analysis: What a crappy deal! "Incidental, consequential or OTHER damages?" What if car manufacturers put this sort of clause in their contracts? What if Ford sold cars that required you to sign a contract with this sort of a disclaimer, one that said, "Your car may suddenly burst into flames (spontaenously combust) and you may die. Even if we know ahead of time that we are selling you a car that might spontaenously combust and that you might be killed as a result of the spontaenous combustion, if your car spontaenously combusts and you are killed as a result of the spontaenous combustion, well, that's just too bad for you."

Actually, this sort of insane, completely irresponsible clause is part of MANY EULAs.

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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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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