EULAlyzer fails to detect critical issues in EULA

Discussion in 'EULAlyzer Forum' started by reVered, Feb 17, 2009.

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  1. reVered

    reVered Registered Member

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    What does EULAlyzer consider a high risk given it rates OCTOSHAPE's EULA as a low risk?

    OCTOSHAPE's EULA contain statements that are ridiculous and clearly of a nature that users should be alerted. The software is used by CNN to distribute live video feeds with peer-to-peer technology installed directly on your machine. Your bandwidth is consumed at your cost. You are then prohibited from detecting or publishing any information related to this. You will only be aware of this if you read the EULA yourself. EULAlyzer rates OCTOSHAPE's EULA as low interest and a healthy read. The list of issues are in fact so many that I will post the EULA in it's entirety for review.

    OCTOSHAPE END USER LICENSE AGREEMENT FOR “OCTOSHAPE STREAMING SERVICES SOFTWARE”

    IMPORTANT-READ CAREFULLY: This End User License Agreement (the "Agreement") for use of the Octoshape streaming services software (the "Software") constitutes a valid and binding agreement between you (either an individual or an entity) and Octoshape ApS, c/o Symbion Science Park, Fruebjergvej 3, DK-2100 Copenhagen East ("Octoshape"). The Software includes any on-line or electronic documentation and any updates and upgrades that Octoshape may make available to you during the term of this Agreement. You must accept this Agreement in order to have the right to install and use the Software in accordance with the terms set forth herein.

    BY INSTALLING AND/OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
    1. PERMISSION TO UTILIZE.

    You hereby acknowledge that the Software utilizes a grid streaming technology. With grid streaming technology, parts of the video and audio stream you watch may be delivered to your personal computer system via the personal computer systems of other end users of the Software, and the personal computer system on which you install the Software may also be used to deliver parts of the video and audio stream to other end users of the Software.

    Accordingly, you hereby grant permission for Octoshape and other end users of the Software to utilize and share the processor and bandwidth of your personal computer system for the limited purpose of facilitating the communication between you and other end users of the Software, including Octoshape.

    You are responsible for any telecommunication or other connectivity charges incurred through the use of the Software.
    2. LICENSE GRANT.

    Subject to the terms of this Agreement, Octoshape hereby grants you a limited, non-exclusive, personal, non-sublicenseable, non-assignable right to download, install and use the Software solely for personal use.
    3. LICENSE RESTRICTIONS.

    Octoshape may, in it’s sole discretion, modify or discontinue or suspend your right to use any of the Software at any time, and may at any time suspend or terminate any license hereunder and disable any Software you may have already installed, without prior notice.

    You may not install or use the Software on a computer on which such use is not authorized by the computer’s owner. You may not alter, modify, further develop, reverse engineer, decompile, disassemble, or otherwise decode or attempt to decode the Software, except and only to the extent that such activity is expressly permitted by mandatory law notwithstanding this limitation. You may not hack or change any security codes or devices in the Software.

    Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Software or in any way reproduce or circumvent the navigational structure or presentation of the Software to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Software, (ii) attempt to gain unauthorized access to any portion or feature of the Software or any other systems or networks connected to the Software or to any of the services offered on or through the Software, by hacking, password "mining," or any other illegitimate means, (iii) probe, scan, or test the vulnerability of the Software or any network connected to the Software service, nor breach the security or authentication measures on the Software or any network connected to the Software, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Software, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Software or other systems or networks or any systems or networks connected to the Software, (vi) use any device, software, or routine to interfere with the proper working of the Software or any transaction conducted on the Software, or with any other person's use of the Software, and (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to or through the Software. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY OCTOSHAPE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

    You may not collect any information about communication in the network of computers that are operating the Software or about the other users of the Software by monitoring, interdicting or intercepting any process of the Software. Octoshape recognizes that firewalls and anti-virus applications can collect such information, in which case you not are allowed to use or distribute such information.

    You may not use the Software for any illegal purposes or any other purpose not authorized herein. You agree not to use the Software in any way that violates the rights of others (including, but not limited to, copyrights and other intellectual property rights, and rights of privacy and publicity). Any use of the Software is to be conducted in accordance with governmental rules in your jurisdiction.

    You may not sell, assign, rent, lease, license, sublicense, transfer or otherwise distribute the Software or the license for the Software to any other person or entity without the prior written consent of Octoshape.
    4. PROPRIETARY RIGHTS.

    Octoshape and/or its licensors retain the ownership of all intellectual property rights to the Software, including but not limited to patents, copyrights, design rights, technical documentation and know-how. You will assign to Octoshape free of charge all rights and interests in any correction, suggestions or other know-how, any feedback or any other information you provide to Octoshape as a result of your use of the Software. Upon request by Octoshape, you will sign any appropriate document to assign such rights.

    1. UPDATES AND UPGRADES. When installed on your computer, the Software periodically communicates with Octoshape’s. Octoshape reserve the right to remotely provide updates or upgrades to the Software installed on your computer. Octoshape have no obligation to make available to you any subsequent versions or updates of its software applications.
    2. PRIVACY.

    Any information collected from users of the Software is subject to Octoshape’s privacy policy located at http://www.octoshape.com.

    7. NO WARRANTY AND LIMITATION OF LIABILITY.

    THE SOFTWARE IS PROVIDED “AS IS”, AND OCTOSHAPE, ALL OF OCTOSHAPE’S SUB-CONTRACTORS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE SOFTWARE EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATIONS WARRANTIES AND CONDITIONS OF TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES AND IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. AS THE SOFTWARE IS PROVIDED TO YOU AT NO CHARGE, YOU AGREE THAT ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK, AND NEITHER OCTOSHAPE, ITS SUBCONTRACTORS OR ITS LICENSORS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OR CORRUPTION OF DATA (INCLUDING BROADCASTED CONTENT FOR WHICH YOU HAVE PAID), LOST PROFITS, LOST SAVINGS OR ANY OTHER INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER FINANCIAL DAMAGES, EVEN IF OCTOSHAPE WAS INFORMED OF THEIR POSSIBILITY. YOU ARE REQUESTED TO VERIFY YOUR WORK AND MAKE BACK-UP COPIES, AND OCTOSHAPE, ITS SUBCONTRACTORS AND/OR ITS LICENSORS WILL NOT BE RESPONSIBLE FOR YOUR FAILURE TO DO SO. OCTOSHAPE AND ITS SUBCONTRACTORS AND LICENSORS DO NOT WARRANT THAT THE SOFTWARE (AND/OR THE SYSTEMS IN WHICH THE SOFTWARE IS IMPLEMENTED OR WITH WHICH IT COMMUNICATES) WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES OCTOSHAPE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF STREAMING MADE THROUGH THE SOFTWARE.

    1. NOT SUITABLE FOR CRITICAL USE The Software is build for personal entertainment use only. It should not be used in or allowed to communicate with any health critical applications or systems or any other vital, critical or valuable applications or systems.
    2. GOVERNING LAW.

    This Agreement shall be governed by and construed in accordance with Danish law. Any and all disputes arising between the parties shall be settled by the Maritime and Commercial Court of Copenhagen. If the Maritime and Commercial Court lacks subject-matter jurisdiction to render a decision, the parties agree to bring the case before the Court of Copenhagen, Denmark as the court of first instance, and to request that the court be assisted by expert lay assessors, if possible.

    10. TERMINATION.

    Either party may terminate this Agreement at any time, with or without cause, by providing notice to the other party. Upon termination of this Agreement for any reason, you must remove the Software from your computer system and dispose of all originals and copies of the Software.

    11. COMPLIANCE WITH LOCAL LAW.

    You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable; if the laws applicable to your use of the Software would prohibit the enforceability of this Agreement, or impose any additional burdens on Octoshape, or confer any rights to you that are materially different from the terms and conditions of this Agreement, then you are not authorized to use the Software and you agree to cease using the Software and to remove the Software from your computer.

    1. IMPORT AND EXPORT. You agree to fully comply with all local export and import laws, regulations, rules and orders, or any government agency or authority, and not to directly or indirectly export, re-export, transfer, or release the Software, any other commodities, software or technology received from Octoshape, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the relevant government. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
    2. AMENDMENTS. Octoshape reserves the right to modify the terms and conditions of this Agreement in its sole discretion at any time by posting a revised version of this Agreement at http://www.octoshape.com or otherwise making it available for your review. Any modifications to this Agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this Agreement, will supersede the prior agreement provisions for all activity occurring after the revised version has been made available in the manner described above. Your continued use of the Software after the revised version is made available constitutes your agreement to the revision. YOU EXPRESSLY ACKNOWLEDGE HAVING READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY INSTALLING THIS SOFTWARE YOU EXPRESSLY CONSENT TO BE BOUND BY THIS AGREEMENT.
    3. MISCELLANEOUS. This Agreement constitutes the entire agreement between you and Octoshape. This Agreement may not be amended or modified other than in the manner described above. If any provision in this Agreement is held to be illegal, invalid or unenforceable, the remaining terms of this Agreement shall remain in full force and effect. Octoshape shall not be deemed to have waived any of its rights under this Agreement absent an express written waiver signed by an authorized representative of Octoshape.

    Revised 29 May, 2007"
     
  2. javacool

    javacool BrightFort Moderator

    Joined:
    Feb 10, 2002
    Posts:
    3,997
    Hi,

    Nothing's perfect, including EULAlyzer. ;) That's why we have the EULA Research Center and, of course, these forums - to help us continually improve and tweak EULAlyzer's detection and rating methodology.

    Thanks for posting the EULA - I've added it to the to-do list, and we should have some improvements in that regard for a future version of EULAlyzer. :cool:

    Best regards,

    -Javacool
     
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