End User License Agreements for Adware

Posted:
in General Discussion edited January 2014
This is the EULA for "Where's Luke?," one of the banner ads I saw here. It says it's giving you a free screen saver, but downloads adware to your machine as well. I don't know which is worse, that the company does this crap, or that people fall for it.



Here's some of the highlights of the EULA:



Quote:

This Software delivers advertising as well as various promotional messages to your computer screen while you view Internet web pages.



Many people call it Adware



Quote:

By installing the Software, you understand and agree that the Software may, without any additional notice to you, perform the following: ...redirect certain URLs, including your browser's default 404-error page;



Really?



Quote:

You may uninstall the Software at any time by visiting www.mypctuneup.com. Other attempts to uninstall the Software, such as via anti-spyware software, will not effectively uninstall the Software, and may result in the Software re-installing itself. Visiting www.mypctuneup.com is the primary method to properly remove the Software. MyPCTuneUp will leave behind a unique identifier on your computer for the sole purpose of notifying ABI that you no longer want the Software to operate on your computer.



So...it still doesn't remove the adware. That's actually kind of creepy.



Quote:

You agree not to initiate, permit, authorize or assist any third party or application to remove the Software from your computer, or disrupt its proper operation.



Like adware-blocking software?



Quote:

ABI is dedicated to helping to ensure the security of your computer.... You understand and agree that ABI may flush the list of all trusted sites in your browser from time to time. Thereafter, you may need to re-designate as trusted sites certain web sites which you had previously designated as trusted sites. ABI believes this a benefit to you because it enhances the security of your computer and provides you with the ability to choose whether or not to install certain components on your computer.



Gee, whiz. Thanks! I don't mind reconfiguring my browser multiple times!



Quote:

Some third parties may attempt to disrupt network communications to and from your computer to ABI's servers. This may include the manipulation of either your DNS configuration, or your computer's host file. If ABI believes that a third party is impeding your network communications, we reserve the right to correct the conflict in order to preserve proper communication.



Third parties...like ISPs with their bloody firewalls?



Quote:

You may not copy the Software other than to make one copy of the Software for back-up purposes.



Oh, good. I'd hate to lose my adware if my computer crashed!



Quote:

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if ABI is liable to you for any other reason, then ABI's aggregate liability for all claims under such circumstances shall not exceed the greater of ten dollars ($10.00) or the amount paid by you for your use of the Software.



Translation: If we f*ck up your computer, the most you're getting out of us is 10 bucks...if you sue us.



Quote:

In particular, you may not use the Software or the server, name, trademarks, or other Intellectual Property of ABI in conjunction with the sending of unsolicited e-mail, or cause to be used ABI equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited e-mail messages.



We are above-the-line adware providers.



Quote:

Except as provided in the next paragraph, you and ABI agree that any and all disputes, controversies and claims relating in any way to the Software, this Agreement or the breach thereof (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration ...The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.



But the award to you won't be any more than 10 bucks (see above).

Comments

  • Reply 1 of 3
    stoostoo Posts: 1,490member
    Slightly off topic, but Freespace 2 (fantastic but woefully undermarketed space sim from the end of the last century) has an EULA that permitted you to give copies of the game to friends, as long as you didn't profit from it.
  • Reply 2 of 3
    placeboplacebo Posts: 5,767member
    Wasn't there something on /. to the effect that EULA's were unconstitutional?
  • Reply 3 of 3
    cosmonutcosmonut Posts: 4,872member
    Quote:

    Originally posted by Stoo

    ...from the end of the last century)



    However true, that's weird to read. It makes me feel like I'm 95 years old or something.
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