My little EULA

[filburt1]

An End User Licence Agreement that I wrote from scratch. I just remembered that I have to add "No warranty, expressed or implied..." to it, but what do you think of it?

http://www.liquid2k.com/filburt1/passprog/eula.html

PLEASE read it.

[aknisely]

Here, I'll just pick at it. My fee is $350 per half-hour, minimum 17 hours

"User beware that this EULA can be used as evidence in a criminal or civil trial, lawsuit, or other court appearance and the user, once clicking "I accept the EULA", is legally bound to uphold it."

This sentence (§1) is superfluous. You may wish to include only the last phrase, however.

§2, second paragraph, is more of a Readme item than a license thing.

"(The name PassProg is also from an illegal program used for malicious purposes and is completely unrelated to PassProg by Arien Talabac.)"

You might wish to skip over that :P

The rest seems fine, but put the copyright section at the top of the document, and it should look good.

[filburt1]

Thanks for the comments. Anyone else?

[filburt1]

I made the changes and several others. Anyone else wanna comment?

[nishantp]

Well the EULA looks good to me, but then again im no lawyer. The one thing this makes me wonder though is...you have a lot of freetime dont you?

[filburt1]

I typed it at work.

I have a reason to "waste" time on this: someone hacked my program (PassProg http://www.liquid2k.com/filburt1/passprog), and I was pissed throughout the entire day. I wanted to write a solid EULA with no holes, so I could sue the s*** out of whoever screws with me.

[nishantp]

Originally posted by filburt1
I typed it at work.

I have a reason to "waste" time on this: someone hacked my program (PassProg http://www.liquid2k.com/filburt1/passprog), and I was pissed throughout the entire day. I wanted to write a solid EULA with no holes, so I could sue the s*** out of whoever screws with me.

Nice plan, but to have any case in court you haev to have an actual patent. But of course you could do something a little more to my liking. Find out if the guy who hacked PassProg has written anything of his own and hack the hell out of them.

[filburt1]

Originally posted by nishantp
Find out if the guy who hacked PassProg has written anything of his own and hack the hell out of them.

I would love to find out his legal name, or at least his IP address. Or at least maybe I can put on some brass knuckes and say Hi to him.

A patent takes too long to get. PassProg 9 will probably be out by the time I get it.

[eiSecure]

There's a program called NeoTrace that finds out where on earth a user is based on their IP address. It's pretty cool, and if you do ever find the user's IP, just plug it into that and it'll tell you where the person is. (It is accurate to within 500 miles, I discovered, by inputting my own IP.)

[aknisely]

500 mi isn't very accurate...

[eiSecure]

well, it's a lot more accurate then if you didn't know where on earth the hacker was...

[aknisely]

Yes, well.

[nishantp]

Originally posted by eiSecure
well, it's a lot more accurate then if you didn't know where on earth the hacker was...

But its still not accurate enough to do something with. I mean now you know where he is give or take 500 mi. Now what?

[filburt1]

You feel smarter and a bit taller.

[eiSecure]

Now you contact the authorities.
...or try to...

[filburt1]

I only know the dude's handle (i.e., the username he goes by).

Nuts, the Descent 3 servers are still down! I've had to resort to Quake 3!

[eiSecure]

what did he hack?

the registration stuff or the encryption part or something else?

[Tygur]

Originally posted by eiSecure
There's a program called NeoTrace that finds out where on earth a user is based on their IP address. It's pretty cool, and if you do ever find the user's IP, just plug it into that and it'll tell you where the person is. (It is accurate to within 500 miles, I discovered, by inputting my own IP.)

The closest you can get is to the person's isp.

[eiSecure]

...but who dials up long distance for internet???

[Tygur]

It does happen. I knew someone who used to use a 1-800 number...

[filburt1]

Originally posted by eiSecure
what did he hack?

the registration stuff or the encryption part or something else?

He generated a key for registration. So far, I don't believe the PPF (PassProg file) encryption has been broken.

[eiSecure]

If you don't have a lot of registered users, just implement a function that, inaddition to the regular registration number, your program goes online and compares the current list of registration numbers w/ an online database (or text file, whatever) and checks if it is on your "black list". If it is, you can just say that it was a wrong number.

[filburt1]

Yah, I already thought of that in another thread.

[spetnik]

U know, filburt, there are lawyers out there who's main job function is to write these EULAs. Unless you are a lawyer, u r ound to leave s/t out. I'd just find an app w/ a similar policy, and modify their EULA.

[filburt1]

Originally posted by spetnik
U know, filburt, there are lawyers out there who's main job function is to write these EULAs. Unless you are a lawyer, u r ound to leave s/t out. I'd just find an app w/ a similar policy, and modify their EULA.

Does that cost more than...nothing? Yes it does! Me cheap!

[spetnik]

Originally posted by filburt1


Does that cost more than...nothing? Yes it does! Me cheap!

That's why I said I'd just find an app w/ a similar policy, and modify their EULA.

[beachbum]

Hi
In all seriousness Filburt i would scrap ur attempt and copy a professionally written one - Sorry. U are way way way overexplaining irrelevant stuff and waffling! I would suspect that copying a standard would a) make it more assured of being legally binding and b) be less confrontational to the user who may be tempted to read this EULA that is very different from what they have seen before. So, nice effort but i think u are treading on dangerous ground. Do u actually know the EULA contract laws relating to postcard software? I think u just have far too much time on ur hands ... far far far too much time
Regards
Stuart

[beachbum]

PS Also run it thru a grammar and spell checker.. i noticed oodles of errors in just a quick scan

[filburt1]

Originally posted by beachbum
Do u actually know the EULA contract laws relating to postcard software

He he, nope.

I would prefer not copying an existing EULA from, say, Word or Photoshop, but rather use a template one. I recall reading an article on VB World or something about this, anybody got a link?

[filburt1]

Originally posted by beachbum
PS Also run it thru a grammar and spell checker.. i noticed oodles of errors in just a quick scan

I was doing it in Dreamweaver and was too lazy to press F7 (Dreamweaver doesn't do those nice red squiggly underlines ).

[beachbum]

LOL
While ur on spell checking...

Find me. Save me. Please. This isn't Castaway where I can just pick FexEx stuff up off the beach

hmmm ... re EULA.. even tho u have more time than is healthy i think u are wasting time on that EULA... go out and play in the sunshine for a while!

[filburt1]

Originally posted by beachbum
LOL
While ur on spell checking...


hmmm ... re EULA.. even tho u have more time than is healthy i think u are wasting time on that EULA... go out and play in the sunshine for a while!

ARG! Consider THAT fixed too.