The recently call of attention to SecureAnywhere EULA made me want to re-read the Prevx SafeOnline/Prevx EULA. I must admin that I missed this part, back then, which I do find intriguing. What exactly does visit and inspect mean
I'm not sure but I suspect it may have to do with remote support sessions if needed. I don't think I have enough frequent flier miles to visit all of the PCs in person
But, if related to the remote sessions, why not mentioning it so in the EULA? So, just to make things clear, if a user requests a remote session, then the Prevx support team will inspect if the license is being abusively used? But, don't you already have means to know it? After all, the user must activate the license... with an Internet connection. You'd know if a license was/is being abusively used. You also aren't sure about what it means either... Hmmm...
I am not a lawyer and don't have any additional insight into these points - I'm guessing it has something to do with tech support (not trying to find malicious users) but your guess is as good as mine in this. We do have audit capabilities present for business/enterprise users which may be where it originated from.
I would agree, to much has been made of this, even from me. In the end, they all could be a little weird but Joe didnt write it nor does he carry 6-shooters on his side.
No one is targeting PrevxHelp, but he does happen to be the one provinding Prevx support, and this is the Prevx support forum. A place to expose our doubts related to Prevx. It happens EULA is included in the support. It has to be, IMHO. Helping users understand the meaning of certain EULA parts is also part of it, IMO. Maybe it's there because of what PrevxHelp mentioned, the Enterprise version allows auditing, and they kept it in the EULA. But, I can say this: If I were to buy Prevx, and I couldn't be explained what that point truly means, I wouldn't have much trust in this vendor. After all, an EULA is like signing an agreement. I don't know about others, but I only sign an agreement if I fully understand it. If I don't understand something and if the interested parts can't explain me either... Don't see this as any sort of prosecution, but I don't understand what the point I mentioned has anything to do with laws and lawyers. It's actually a matter of analysing it... This is saying that by installing Prevx, we're accepting the EULA. If we're accepting the EULA (the agreement), then we accept that the vendor can do whatever was agreed. We're giving permission to Prevx to audit our use of their software. I fail to see any connections with technical support. Directly, anyway. I could easily associate the part You agree to permit us to audit your use of the Prevx Software with the fact that when we activate Prevx, Prevx will know if the license has been used already, etc. Fair is fair. I wouldn't expect otherwise. But, this part including allowing us to visit and inspect any computers on which it is installed. leaves the door way too open, IMHO. Somehow, I don't think this means a visit to our homes. So, it's a visit to our computers... I leave the rest up to anyone who may be concerned about it. I just thought of sharing an interesting point in the EULA. For a very long time some people criticized other people for blindly install software, without reading EULAs. Now that some people start caring about it, you can't just look at them as if they were bringing evil at this world. They're trying to understand the evil, actually. And, the evil has a name - EULA.
I have to agree with what m00nbl00d has said in the previous post, about this EULA, and the support from the forum here. Although I don't necessarily think that nefarious intent is there, the EULA is rather open too broad for interpretation. With all due respect to PrevxHelp, saying that "I am not a lawyer and don't have any additional insight into these points", and then guessing what it means, isn't very professional at all. It also gives me the impression that you could care less what the EULA says or what it means. I think that you should find out what it means, or get another associate in here in the support forum who does understand what it means, and who can explain it and answer questions about it. If that's what you are doing behind the scenes, then I apologize, but it doesn't look that way, yet.
As a customer, I couldn't care less about what the EULA says or means. At least in Europe, they have almost no value, as a private agreement can never replace the law. In the USA, it's a bit random but far for being automatically accepted: http://en.wikipedia.org/wiki/EULA
I'm not a lawyer or judge, but that affirmation isn't entirely correct, as it will depend on different factors. Heck, it's just like somebody shooting somebody or a hit and run. Yes, there are laws that say these people should be condemned. Then again, judges are free to interpret the laws. This is why many times people appeal to other courts, or even the European court. But, if they weren't valid, at all... Somehow, I doubt big companies such as Microsoft would even bother wasting their time translating and providing EULAs for the European versions of their O.S and Office application. What would be the point? Why waste time on something that isn't valid? They sure are valid... But, some judge may interpret/see an EULA as being invalid due to something. But, that's a whole different matter.
Maybe it's best to contact the support inbox to get your answers? http://info.prevx.com/service.asp TH
A very interesting & valid observation by m00nbl00d & I should really have noticed it myself. I have Prevx installed on a fair sized customer base & I can tell you that several of the companies would have a fit if they saw this section. I'm thinking specifically about companies in the legal or accountancy fields which have legal requirements covering privacy. Unless this EULA is defined acceptably, I will have to move some customers elsewhere. Trying to check it myself, how do we actually see the EULA once the product is installed?
