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As Is License Agreement

A common criticism of end-user licensing contracts is that they are often far too long for users to spend time reading them carefully. In March 2012, the PayPal end-user license agreement was 36,275 words[15] and in May 2011, the iTunes agreement was 56 pages long. [16] The sources of information that reported these results stated that the vast majority of users do not read the documents because of their length. In a recent article by Kevin Litman-Navarro for the New York Times, entitled We Read 150 Privacy Policies. They were an incomprehensible disaster[22] the complexity of 150 terms of popular pages like Facebook, Airbnb, etc. were analyzed and understood. For example, most licenses require university degrees or higher degrees: «To succeed at university, people must understand texts with a score of 1300. People in trades, such as doctors and lawyers, should be able to understand materials with grades of 1440, while 3rd graders should understand texts that score more than 1050 points to be on track for a university or career until graduation. Many privacy policies exceed these standards. [22] In addition to the details of all parties involved, the licensing agreements specify how licensed parties can use features, including the following parameters: The use of 2GIS Desktop 4.0 in appropriate licensing agreements does not confer rights, titles or interest on the components of the software made available subject to the corresponding licenses.

Click-Wrap Licensing Agreements cover the formation of website-based contracts (see iLan Systems, Inc. v. Netscout Service Level Corp.). A common example occurs when a user has to accept a website`s licensing terms by clicking «Yes» in a pop-up to access the website`s features. This is therefore an analogy with retractable wrap licenses, for which a buyer implicitly accepts licensing conditions by first removing the retractable film from the software and then using the software itself. For both types of analysis, the focus is on the actions of the end user and asks whether the additional licensing conditions are explicitly or implicitly accepted. The DMCA specifically provides for reverse software engineering for interoperability purposes, so there has been some controversy over whether contractual software licensing clauses restrict this situation. The 8th Davidson – Associates v.

Jung[12] found that such clauses are enforceable after the decision of the Federal Circuit of Baystate v. Bowers. [13] Recently, publishers began encrypting their software packages to prevent a user from installing the software without accepting the license agreement or in violation of the Digital Millennium Copyright Act (DMCA) and foreign counterparts. [Citation required] In addition to the doctrine of implied exhaustion, the distributor may include patent licenses with software. End-user licensing agreements are usually lengthy and written in very specific legal language, making it more difficult for the average user to give informed consent. [3] When the company designs the end-user licensing agreement in such a way as to deliberately deter users from reading it and is difficult to understand, many users may not give their informed consent.


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