[net.micro] The next generation of software licences

manis@ubc-cs.UUCP (Vince Manis) (08/17/85)

                        *HEY, SCUZZBAG*
              *IF YOU OPEN THIS PACKAGE, YOU AGREE*
             *TO THE FOLLOWING TERMS AND CONDITIONS.*

1. Flubber Systems Inc. (THE VENDOR) provides this program for use on a 
   single machine, insofar as it may be used on any machine at all.

2. THE VENDOR does not warrant that this program will perform the function
   or functions it is advertised to perform, that it will perform any function
   at all, that the documentation is correct, or that there is even a 
   diskette and/or documentation (PROGRAM MATERIALS) in the box. The 
   purchaser assumes all responsibility  for determining whether he or she
   got rooked or not.

3. THIS PRODUCT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING
   BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
   FOR A GIVEN PURPOSE. SHOULD THE PRODUCT PROVE DEFECTIVE, IT IS UP TO THE 
   PURCHASER TO DETERMINE THAT THE PROGRAM IS DEFECTIVE AND PROVIDE TO THE
   VENDOR THE SOURCE CODE CHANGES NECESSARY TO ENSURE THAT THE PROGRAM 
   FUNCTIONS CORRECTLY.

4. In respect of condition 4, THE VENDOR will not furnish any source code 
   to the purchaser even should the purchaser be willing to repair PROGRAM
   MATERIALS at his/her own cost.

5. THE VENDOR agrees to provide technical support at a scale of fees to be
   determined once THE VENDOR has written the software. Such technical support
   shall consist of telephone support conducted from an unlisted number in
   Malawi. THE VENDOR does not warrant that such support will be responsive,
   or that any advice furnished to the purchaser shall be correct, complete,
   or even vaguely useful. 

6. This agreement shall remain in force until THE VENDOR gets tired of it. 
   At the termination of the agreement, the purchaser agrees to destroy 
   all PROGRAM MATERIALS, and to give to THE VENDOR the results of all use
   of said PROGRAM MATERIALS. THE VENDOR may choose to give or sell such
   results to any person, but assumes no liability for the correctness or
   usefulness of such results; all liability remains with the original 
   purchaser.

7. The following actions, or similar, shall result in immediate termination
   of this agreement, as provided under condition 6: unauthorised duplication
   of the software (even for backup purposes); possession of any program 
   whose purpose is to defeat copy protection mechanisms; advocacy of 
   so-called ''consumer protection'' legislation, which restricts the 
   freedoms of software vendors; any public or private utterance which 
   disparages THE VENDOR, the PROGRAM MATERIALS, any other product marketed
   by or endorsed by THE VENDOR, or the software industry in general. 

8. This agreement shall be governed by the laws of The Republic of Albania, and
   by the philosophy of its now-departed leader, Enver Hoxha.

BY READING THIS FAR, YOU HAVE ALREADY CONSENTED TO THIS AGREEMENT. IT'S TOO
LATE NOW, SUCKER!

phco@ecsvax.UUCP (John Miller) (08/23/85)

In article <1222@ubc-cs.UUCP> manis@ubc-cs.UUCP (Vince Manis) writes:
>
>                        *HEY, SCUZZBAG*
>              *IF YOU OPEN THIS PACKAGE, YOU AGREE*
>             *TO THE FOLLOWING TERMS AND CONDITIONS.*
>
>1. Flubber Systems Inc. (THE VENDOR) provides this program for use on a 
>   single machine, insofar as it may be used on any machine at all.
>
>2. THE VENDOR does not warrant that this program will perform the function
>   or functions it is advertised to perform, that it will perform any function
>   at all, that the documentation is correct, or that there is even a 
>   diskette and/or documentation (PROGRAM MATERIALS) in the box. The 
>   purchaser assumes all responsibility  for determining whether he or she
>   got rooked or not.
>
>3. THIS PRODUCT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING
>   BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
>   FOR A GIVEN PURPOSE. SHOULD THE PRODUCT PROVE DEFECTIVE, IT IS UP TO THE 
>   PURCHASER TO DETERMINE THAT THE PROGRAM IS DEFECTIVE AND PROVIDE TO THE
>   VENDOR THE SOURCE CODE CHANGES NECESSARY TO ENSURE THAT THE PROGRAM 
>   FUNCTIONS CORRECTLY.
>
>4. In respect of condition 4, THE VENDOR will not furnish any source code 
>   to the purchaser even should the purchaser be willing to repair PROGRAM
>   MATERIALS at his/her own cost.
>
>5. THE VENDOR agrees to provide technical support at a scale of fees to be
>   determined once THE VENDOR has written the software. Such technical support
>   shall consist of telephone support conducted from an unlisted number in
>   Malawi. THE VENDOR does not warrant that such support will be responsive,
>   or that any advice furnished to the purchaser shall be correct, complete,
>   or even vaguely useful. 
>
>6. This agreement shall remain in force until THE VENDOR gets tired of it. 
>   At the termination of the agreement, the purchaser agrees to destroy 
>   all PROGRAM MATERIALS, and to give to THE VENDOR the results of all use
>   of said PROGRAM MATERIALS. THE VENDOR may choose to give or sell such
>   results to any person, but assumes no liability for the correctness or
>   usefulness of such results; all liability remains with the original 
>   purchaser.
>
>7. The following actions, or similar, shall result in immediate termination
>   of this agreement, as provided under condition 6: unauthorised duplication
>   of the software (even for backup purposes); possession of any program 
>   whose purpose is to defeat copy protection mechanisms; advocacy of 
>   so-called ''consumer protection'' legislation, which restricts the 
>   freedoms of software vendors; any public or private utterance which 
>   disparages THE VENDOR, the PROGRAM MATERIALS, any other product marketed
>   by or endorsed by THE VENDOR, or the software industry in general. 
>
>8. This agreement shall be governed by the laws of The Republic of Albania, and
>   by the philosophy of its now-departed leader, Enver Hoxha.
>
>BY READING THIS FAR, YOU HAVE ALREADY CONSENTED TO THIS AGREEMENT. IT'S TOO
>LATE NOW, SUCKER!


I must have missed something.  How does this differ from the license
agreements currently prevailing?  (;-)

Seriously, though, the old saw applies as much to today's high tech market
as it ever did to anything:  CAVEAT EMPTOR!


-- 

                        John Miller  (ecsvax!phco)
                        Dept. of Pharmacology, Univ. of N.C.-Chapel Hill
                        Chapel Hill, NC 27514       (919) 966-4628