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> Why would anyone care? Is it a legal binding contract between me and the comany? No. It might be taken into account if we go into court, but if they have it i
by vitoreiji 12y ago
> Why would anyone care? Is it a legal binding contract between me and the comany? No. It might be taken into account if we go into court, but if they have it in their TOS that I bought an elephant from them - it will not hold.
That's interesting. Do you have any sources on that? Why do these services even bother having ToS?
- reacweb 12y agoWhen I read the EULA of softwares sold in France, they often contain restrictions on reverse engineering. In France, reverse engineering is a protected right for interoperability purpose. If some parts of the EULA are illegal, how can it be a legal binding contract.
- cpa 12y agoBecause in France, a judge may very well decide that some part of the contract is illegal but consider that the remaining still holds. That happens all the time.
- grabeh 12y agoEULAs like most standard terms will contain severability clauses which basically say that even if one clause is invalid the remainder still holds...
- gambiting 12y agoIf France(as is in pretty much everywhere in the EU) any EULA that is accepted by default by opening a product(think MS Windows packaging) is void by default, because courts ruled that opening a package does not constitute entering a legally binding contract,no matter what the packaging says.
- gambiting 12y agoIn the EU pretty much any of the online T&Cs as well as EULAs are completely invalid. They can say literally whatever, if you haven't signed an actual piece of paper it's not going through in any court.