12-31-2010 12:51 PM
this is the EULA i always include with my wares:
[APPLICATION NAME] — End User License Agreement Please read the following terms and conditions carefully before installing and/or using this software product. Installing and/or using [APPLICATION NAME] indicates a person's acceptance of this End User License Agreement. If a person is in disagreement to any of the terms of the End User License Agreement, then they must not install and/or use this software product. [APPLICATION NAME] is distributed "AS IS" with no warranty of any kind. Users must assume all risk of using this software. This disclaimer of warranty constitutes an essential part of this End User License Agreement. [AUTHOR] does not authorize users to download, install and/or use [APPLICATION NAME] with computer operating systems other than the software's intended deployment targets ([TARGET OPERATING SYSTEMS]) or on computers during situations where [APPLICATION NAME]'s performance or failure to perform can reasonably be expected to result in a physical injury or in loss of life. Any such unauthorized use of this software shall be entirely at the user's own risk. Under no circumstances shall [AUTHOR] be held liable for any incidental, consequential, punitive or any other damages relating to the use of [APPLICATION NAME]. [APPLICATION NAME] is the exclusive property of [AUTHOR] [OPTION: and is offered completely free of charge]. Persons or organizations may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on [APPLICATION NAME] without having obtained written consent from [AUTHOR]. This End User License Agreement constitutes the entire statement of the agreement between the parties on the subject matter, and merges or supersedes all other prior understandings, purchased licenses, arrangements and agreements.
12-31-2010 01:53 PM
this is the EULA i always include with my wares...
I hope you'll update that to be consistent with the App World Agreement, which among other things states "The Application EULA shall at a minimum include provisions excluding RIM ... from any liability whatsoever ... and shall make RIM... [a beneficiary] to the Application EULA in respect of these provisions".
I think of legal documents such as License Agreements as pieces of software. They are executed by the legal system (courts, etc). You (or the author of them, preferably a lawyer) are the programmer. Unless you're an expert in the programming language used (i.e. legalese), your software will have bugs -- bugs which will result in the software not working, perhaps even being counterproductive. Hackers (i.e. lawyers not paid by you) have full access to the source code and can study it to find all the bugs (loopholes).
In such a case, you may be better off having no EULA at all than one riddled with bugs.
01-01-2011 10:21 AM
Has anyone else received an email list this?
***BlackBerry App World™ notification *** Dear ***********, BlackBerry App World™ is now live. You receive this email as a vendor of the BlackBerry App World™ who has agreed to terms presented from both RIM and Digital River on the BlackBerry App World™ vendor portal and has submitted at least one application. Digital River as the merchant of record for BlackBerry App World™ has created an account for you to access your financial reports. Please see below for further instructions on how to access your new account. Please note, this email notification does not reflect approval of the application you have submitted as a BlackBerry App World™ vendor. A separate email communication will be sent to you to indicate the final status of the application you have submitted. Please continue to watch your inbox for any additional updates and instructions as we move forward toward launch. Your Digital River financial reporting account credentials are as follows: User Name: ******* Password: *********
01-01-2011 10:49 AM
John, I haven't, but then I haven't submitted an app yet. But are you concerned by something in it, or surprised?
When you (and I) first registered, one of the checkboxes led to us accepting a Vendor Agreement with Digital River, which I guess is one of the initial "Merchants of Record" (aka MoR, from the App World Agreement). I suppose your app will be sold through their "kiosk", or something like that.
01-01-2011 11:14 AM
01-01-2011 11:17 AM
01-01-2011 11:19 AM
01-01-2011 04:10 PM
01-01-2011 09:10 PM