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Actually, the few times companies have been taken to court over EULAs the companies almost always lose. Generally the courts will find the fact that by merely opening the shrinkwrap 'constitutes agreement' very offensive and strike down the entire thing. Of course, I am not a lawyer, but EULAs are vary rarely enforced and are quite subject to which district court looks over you.

On 6/28/07, Scott Maxwell <smaxwell(--nospam--at)engin.umich.edu> wrote:
With software, you "sign" the EULA the moment you rip open the
shrinkwrapping on the box.  I don't know if that has been fully tested in
court or not, but that is how the software companies then to view things.
Besides, many software installed programs now have a step in the
installation where you have to agree to the terms of the EULA (they do
actually give you the chance to print the EULA out and read or read it on
the screen...and you ALWAYS read it right?  <grin>) before you can proceed
with the installation.

Point is you agreed to it at a minimum by keeping and using the software.

Now, whether or not a "not allowed to sell license" clause is enforceable
in court or not...I don't know.  I am not a lawyer...I only play one on
TV.  ;-)

Scott
Adrian, MI


On Thu, 28 Jun 2007, Jordan Truesdell, PE wrote:

> I don't know. I didn't sign one when I traded $3500 for a shrinkwrapped
> box. I presumed I purchased a item ;-)
>
>  Jordan
>
>
> Bill Allen wrote:
>
>  Does your EULA allow you to sell your license?
>
> T. William (Bill) Allen, S.E .
> ALLEN DESIGNS
> Consulting Structural Engineers
>
>




--
Michael Stone
786-897-9041