Arcavir2005 E.U.L.A.

Discussion in 'other anti-virus software' started by HD rider UK, Mar 15, 2005.

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  1. HD rider UK

    HD rider UK Registered Member

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    Morning all

    I currently use AVG Free, and have been looking around for a replacement AV. After reading several positive posts on here regarding Arcavir products, i had a look at their website with the intention of giving it a trial. I had a read of their E.U.L.A for the product and noticed a clause in it that puzzled me, so maybe someone here can shed some light on its exact meaning.

    In the section of the agreement which covers things that the user does NOT have the right to do is the following clause-

    "The Licesee does not have the right to....render services related to the use of the Program."

    does this mean that if I or indeed anyone else installed it, then that clause could be read as prohibiting their giving advice, comment or opinion on the application in forums such as this (ie providing a service)?

    Im sure that i have got the wrong end of the stick here, so I would be grateful for some guidance.

    Jock
     
  2. tazdevl

    tazdevl Registered Member

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    My guess is that it has more to do with you installing it on client computers and supporting it if you're an IT consultant i.e. you should be using a commercial license rather than a end-user/single user license.

    In all honesty though... who reads EULAs? In many cases they are tossed out anyway because no reasonable person will look at them and in many cases, most reasonable people don't understand them.

    Speaking of reasonable, how would they enforce that clause?
     
  3. HD rider UK

    HD rider UK Registered Member

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    Sice i got hammered by Lop, I always read the EULA.

    jock
     
  4. HD rider UK

    HD rider UK Registered Member

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    Just to clarify my last post- In no way am i suggesting any similarity, link or other connection between Arcavir and the scummers. I reckon that the first line of defence against malware is to read what you are agreeing to - always. If the EULA is too long or too complicated, that in itself is a hint.
    The Arcavir EULA is actually refreshingly concise, clear and available, its just its intent in this single clause that i am asking about. I will email Arcavir in the morning and ask them what they intend this clause to mean (which on reflection i should have done earlier).

    jock
     
  5. BlueZannetti

    BlueZannetti Registered Member

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    Jock,

    IANAL (my father was...), but I assume tazdevl has it right. Advice/comment/opinion are not a services per se. The words "related to" are a likely somewhat unfortunate and indeterminate choice. "Involving" is probably a much better one,and actually fairly broad since that would prevent slaving someone's HDD on your system and using a single license of Arcavir for commercial purposes. Definition of what constitutes a service needs cleaning up, yada yada yada...

    Maybe Mariusz can jump in....

    Blue
     
  6. RejZoR

    RejZoR Lurker

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    I never read EULA. Sorry,but this is the most meaningless 10 page text that i have ever seen (not specific to ArcaVir). Totaly idiotic. Can't they tell in 10 or 20 lines so everyone can read and actually UNDERSTAND that stupid thing?!
     
  7. BlueZannetti

    BlueZannetti Registered Member

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    RejZoR,

    If they did that, the lawyers time is freed up to do other things. Do you really want that to happen..... :)

    Blue
     
  8. no13

    no13 Retired Major Resident Nutcase

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    Wouldn't YOU like to know?
    *gasp*
    NO! :D
     
  9. stormbyte

    stormbyte AV Expert

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    It simply means that you shall not use your ArcaVir copy to remove viruses from computers of your clients (if you have any) and then remove it and install again on a different client's computer.
    I will ask our lawyer if he can change it, but it may take a while:)
    Mariusz
     
  10. Firecat

    Firecat Registered Member

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    Does this mean that licenses can not be transferred?
     
  11. stormbyte

    stormbyte AV Expert

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    It can be but not 15 times a day like one company did
    :)

    Mariusz
     
  12. Firecat

    Firecat Registered Member

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    So you mean a transfer has to be for a fairly long period like 6 months or so...
     
  13. stormbyte

    stormbyte AV Expert

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    The license holder does not have the right to:
    - lend, rent or otherwise transfer the granted License without a prior written permission of the Manufacturer;
    - make copies of the Program, beside one copy for archiving purposes;
    - modify, translate, recompile the Program and the accompanying documentation in any form;
    - make attempts to reproduce the source code of the Program;
    - create related products on the basis of the Program;
    - remove or modify trade marks and information on the product presented in the Program or in the attached materials;
    - render services related to the use of the Program.

    Rest:
    http://stormbyte.com/license.php

    Mariusz
     
  14. Firecat

    Firecat Registered Member

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    OK That pretty much clears it up. Thanks a lot!!!
     
  15. HD rider UK

    HD rider UK Registered Member

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    Mariusz

    Thank you very much for clarifying this point. I was sure that the purpose of the clause was to prevent commercial exploitation of the product, but had concerns that the non commercial advice offered here and elsewhere could also fall within its scope, even though that was not the intent of the developers.

    Jock
     
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