@redrumloa
thanx for the welcome, this seems like a lively website... didn't know the Amiga comunity was still that alive
@all
Contracts such as EULAs are supposed to be made between willing parties, and need to be negotiable if one side doesn't agree with the terms. But some EULA contracts might fall under the definition of a Contract of Adhesion, a legal term that means one party to the agreement has tremendous power, and there's no meaningful way to negotiate the terms.
Of course, anyone can click the "I Decline" button at the bottom of a EULA. But if you do, the software won't install or you won't be able to use the service. The binary nature of the EULA accept-or-decline rules render negotiating contract terms with a software company impossible for the average user.
In the US the federal digital signature law makes it clear that click-wrap contracts are enforceable, but there always has to be a meaningful way to say "no". "Any ambiguities in a contract would be interpreted by the courts against the drafter". The question thus becomes : "Do we have a case of an ambiguous EULA here ?"
I'm sure lawyers can argue about this but it's merky waters if you ask me. So anyone asking for a clear "yes" or "no" is asking a lot IMO.
