[OT] EULA and legality

[Lynn Fredricks]

> The question is whether some particular terms in a contract, 
> whether entered into by EULA or other means, are enforceable 
> and lawful in the jurisdiction one lives in.

You bring up a interesting point here, and one I believe to be a growing
problem in the future.

EULAs are granted under the laws of a place designated by the vendor, not
under the laws of where the user is located. Severability usually is based
upon changes under that law, not under the laws of wherever the user is
located.

In the USA, there are some serious differences in state laws - one big
example is the treatment of "chance", contests, raffles, etc. Typically how
that's handled is that the agreement you go into when you participate in the
contest is that the terms include the following: "Void where prohibited" -
meaning, if some local law is contrary to the implementation of the contest,
nobody in that area may participate in the contest.

Vendors in specific jurisdictions will take into account the law of a
specific location only (in the US, state, and in some respects, federal
law). If a EULA is invalidated someplace, the vendor can simply terminate
your rights under the license.

Best regards,

Lynn Fredricks
President
Paradigma Software
http://www.paradigmasoft.com

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