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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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European countries | 359 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
European countries
Authored by: Anonymous on Thursday, May 03 2012 @ 12:27 PM EDT
Terms negotiated and agreed before contract are OK provided that they are not
illegal in the first place. It is the EULA that is not seen until the product is
paid for that cannot be enforced because it is not a contract of prior agreement
between the parties.

[ Reply to This | Parent | # ]

European countries
Authored by: Wol on Thursday, May 03 2012 @ 05:24 PM EDT
First off, a EULA is a contract, not a licence.

Secondly, any illegal terms in a contract are unenforceable.

Thirdly, Europe tends to give people rights. Rights that they CANNOT surrender.

All that taken together, most EULAs probably contain quite a lot of clauses that
a European Judge would strike from the contract.

Cheers,
Wol

[ Reply to This | Parent | # ]

Agreed
Authored by: Anonymous on Friday, May 04 2012 @ 01:22 PM EDT
Lincences/contracts, can in many European countries not be against the law. So
terms in the licencense or contracts are invalid if the term disagrees with
law.
Don't know how this is in the United States. Somebodey can tell ?

[ Reply to This | Parent | # ]

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