writing an End User License Agreement

[stndn]

Lately i've been trying to come up with a software license agreement, so i start to look around for a few examples.

On all the license agreement i've found, all of them always have sections that contains of ALL CAPS AND SOMETIMES BOLDED.

Example would be the EULA from mozilla:

( edited out -- see mozilla's eula for example)

Section 3 is still easily readable, using "correct" capitalizations and punctuations. But section 4 was written with all caps and quite lengthy in my opinion.

But then again, most of the EULA always use all-caps when getting to the point of DISCLAIMER OF WARRANTY.


So ... who came up with this format anyway?
Why can't they just use regular capitalizations?
And let's not even get started on a few tricky EULA that's written in smaller fonts ... >(

Is this just a not-so-subtle way to make people skip reading EULA?

 

[RaDragon]

Their lawyer(s) probably told them to write it that way.

 

[jagec]

Originally posted by: stndn

Is this just a not-so-subtle way to make people skip reading EULA?

Seriously, I think that making them 5,000 pages long does enough in that regard. No one bothers to read them.

 

[FoBoT]

use a white font

 

[bapace]

So, who reads through User agreements besides me? I only read parts, but what is to keep me from writing a software program thousands of people would download, check the EULA box, and install. What if in my EULA, I state that by installing my software, it will communicate with my server and you will be charged a subscription fee of $10 per use? Legally, you are held to this contract. Opinions?

 

[rmrf]

Originally posted by: FoBoT
use a white font

rofl people would be looking at a blank eula page going, wtf?

 

[Kasper4christ]

@papace, yeah prolly
I wouldn't be surprised, if when MS hits its 10billionth sale, that it "reveals" 10billion people signed over there first born to them, just by installing there software,
or that the recipe for the worlds best chocolate chip cookie is not a secret after all...
scary huh?
i usually fall asleep by the 4 or 5th SECTION...
see RANDOM caps Does help PEOPLE read your STUFF
don't it?

 

[stndn]

The point is, not many people read EULA.
That, plus the fine print that says "The software creator may choose to edit or alter this agreement from time to time without notice."

EULA is evil, just like contracts are.

Once i saw a site where one has to scroll down to the bottom of EULA before the "I agree" button is clickable (it's inside textarea). So i opened the page, scroll all the way down, click on the button, and I got:

"Wow, you're a very fast reader. Did you actually read that and agree that you'll be transferring your money to me tomorrow?"

And when i scrolled up, that part about money transfer was highlighted and bolded.
It went away after i reload the page, though ,)

 

[Kibbo]

I wonder, can you be nailed for copyright violation if you copy and publish someone else's EULA?

 

[stndn]

hmmm.... good question.
i don't know the answer.
but since the EULA is public knowledge, i think it should be fine to some extent ... no?

although i did read somewhere that it being in the internet doesn't mean it's freely reproducable ....

oopss...?