6. Each time you redistribute the program (or a program-based work), the recipient automatically receives a license from the original licensee to copy, distribute or modify the program in accordance with these Terms and Conditions. They cannot further restrict the exercise of rights granted by beneficiaries. 41. memoQ`s maximum overall liability to the user and the representative and supplier of memoQ Ltd. may not exceed the amount paid by the user for the product license. Exceptionally, memoQ is liable, in the event of direct damage, for all the damage covering memoQ`s professional liability insurance, provided that an end-user license agreement (EULA, /-ju-l/) is a legal contract between a software developer or provider and the software user, often when the software has been purchased by the user through an intermediary such as a distributor. A Board defines in detail the rights and restrictions applicable to the use of the software.  The 7. And the 8th circuit subscribe to the argument “licensed and not sold”, when most other circuits are not necessary. In addition, the applicability of contracts depends on the adoption by the state of the laws of uniformity of transactions on computer information (UCITA) or the anti-UCITA (U-BombATION Shelter) Act. In the anti-UCITA states, the Single Code of Commerce (UCC) has been amended to explicitly define the software as a good (which places it in the UCC), i.e. to prohibit contracts that stipulate that the terms of the contract are governed by the laws of a state that existed in DIE UCITA.
The applicability of an AEA depends on several factors, one of which is the court where the case is being tried. Some courts that have considered the validity of The Shrinkwrap Licensing Agreements have invalidated some EULA and have characterized them as liability contracts that are unacceptable and/or unacceptable according to the U.C.C – see z.B. Step-Saver Data Systems, Inc. v. Wyse Technology, Vault Corp. v. Quaid Software Ltd.  Other courts have found that the Shrinkwrap licensing agreement is valid and enforceable: cf.
ProCD, Inc. v. Zeidenberg, Microsoft v. Harmony Computers, v. Novell Network Trade Center, and Ariz. Cartridge Remanufacturers Ass`n v. Lexmark Int`l, Inc. may also have acidic supports. No court has ruled on the validity of EU A in general; Decisions are limited to certain provisions and conditions. Licenses for most software are designed to deprive you of the freedom to share and modify them.
On the other hand, the gnu General Public License aims to guarantee your freedom to share and modify free software to ensure that the software is free for all users. This general public license applies to most software in the Free Software Foundation and any other program that the authors undertake to use it. (Other Software from the Free Software Foundation is covered by the gnu Library General Public License instead.) You can also apply it to your programs. 1.5. Partners are organizations or individuals who market the software on the basis of an agreement and license with the right holder. 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 and in May 2011, the iTunes agreement was 56 pages long.  The sources of information that reported these results stated that the vast majority of users do not read the documents because of their length.