If you (an individual, company, or other organization) expose me to software
governed by an End User License Agreement ("EULA") by unsolicited
advertising, bundling with other software, pre-installation on hardware purchased
by me, or if any product requires your software to run and similar software
is unavailable elsewhere, or if you hold a de facto monopoly on any type of
software, I reserve the right to use your software according to the following
License Author License Agreement ("LALA"):
LICENSE AUTHOR LICENSE AGREEMENT (LALA)
1. AVAILABILITY AND READABILITY OF THE EULA
The EULA should accompany the software and be printed or included as HTML or text files that can be opened from windows explorer (or similar software on other operating systems) and be read and printed using a browser or text editor of my choice. Reading and printing of EULA files should not depend on autorun features of the media on which the software and/or its EULA is distributed.
Downloads should include the EULA as HTML or text file or a working link to such a file. If software is distributed through web sites, FTP servers, email, peer-to-peer file sharing networks, or other online methods, it should be possible to extract the EULA from the download without having to run the downloaded software or its installer.
EULAs should not be embedded in executables, delivered in potentially dangerous formats (e.g. DOC), or require installation of additional software beyond plain text viewers or web browsers (e.g. PDF).
EULAs should not be presented or formatted in a deliberately inconvenient manner, e.g. tiny font size which cannot be increased, lengthy text in a small window that requires excessive scrolling, or excessive capitalization.
Unfavorable terms should not be buried in lengthy irrelevant text, obfuscated by deliberately confusing legalese, or obscured in any other way. Any terms that may restrict my rights or compromise my privacy should be displayed clearly and prominently.
I reserve the right to ignore any EULA that does not meet these availability and readability standards, and install and use the software on my terms instead.
2. BUNDLED, PRE-INSTALLED, AND HARD-TO-REMOVE SOFTWARE
I reserve the right to use any involuntarily purchased software, such as the OEM versions of Windows on Dell computers, on my terms without being bound to the EULA. The same applies to any software that comes pre-installed, whether it's free of charge or not, unless I explicitly asked for the software.
If codecs or drivers delivered with hardware are bundled with unnecessary software, such as the DVD decoder in the version of WinDVD shipped with many DVD players, I reserve the right to separate the codecs or drivers from the bundled software, copy or download the required codecs or drivers from any source, and use whatever method necessary to use the hardware without being charged for something I already paid for.
I reserve the right to use any software on my terms without being bound by the EULA if any files or registry entries of a program cannot be completely removed, or if any changes to the system cannot be fully undone, by at least one of the following methods:
- the windows add/remove programs control panel, or
- an uninstaller provided with the software, or
- deleting the program folder, or
- similar actions on other operating systems.
Examples of such software include Internet Explorer, Windows Media Player, Windows Messenger, Windows Movie Maker, and most (if not all) of the programs from Symantec.
I reserve the right to install security updates or other patches to repair faulty software without being bound to revised or additional terms.
If programs or their updates cannot be separated from security updates, such as the versions of Windows Media Player bundled with service packs for Windows, I reserve the right to ignore any changes in the EULA, and to use the updated software on the original terms, or to use the new software on my terms.
If I decide not to accept a EULA that can only be read after purchase (as in the infamous shrink wrap licenses), and the vendor is not able or willing to fully reimburse the purchase price, shipping costs, credit card fees, and other costs when I return the product or delete the download, or if I cannot read the EULA before running the software or its installer, I reserve the right to ignore the EULA and install and use the software on my terms.
I may scan the software or its installer with antivirus programs or any other applications to detect malicious code. For this purpose I may convert an online installer into an offline installer by any method of my choice, or copy or download an offline installer from any source.
To ensure that I can reinstall or repair the software when the vendor is unable or unwilling to replace damaged copies free of charge, I reserve the right to create backup copies on any media (including network drives) by any method. Such methods may include circumventing or disabling any copy protection mechanisms if necessary.
If an operating system is designed in such a way that software and user data reside on the same partition by default (e.g. the Documents and Settings folder on the Windows system partition) I reserve the right to create, store, copy, and distribute an unlimited number of drive images and other backups, even if such backups include the operating or any software designed to run on that operating system.
If the default method to reinstall or repair operating systems or any other software causes loss of user data or (settings of) third party programs, I reserve the right to use alternative, non-destructive methods. Such methods include converting a Windows recovery disk or recovery partition into a standard installation disk or use of any other source to reinstall or repair the software.
If software requires activation, registration, or any other communication with the vendor or a third party to allow unrestricted use of the software, this procedure should be free of charge, anonymous, instant, not excessively complicated, and repeated as often as necessary without me having to explain why reactivation is necessary. If the vendor or a third party responsible for the activation process is unable or unwilling to (re)activate the software, I reserve the right to circumvent or disable any activation mechanism by any method of my choice. I reserve the right to research, discuss, obtain, store, and test any methods to circumvent or disable activation in order to ensure that I can continue to use the software without interruption in the event that the vendor or other party responsible for activation becomes unable or unwilling to (re)activate the software.
I reserve the right to monitor the performance or operation of any software running on my system by any method, to benchmark the software, to publish the results of benchmarking, to publish reviews of the software, to discuss and criticise the software in public, and to intercept, analyse, and publish all details of any 'phone home' behavior of the product.
If 'phone home' or 'auto update' behavior can not be permanently switched off using built-in configuration tools, or if those configuration tools are unnecessarily difficult to use, I reserve the right to disable any 'phone home' or 'auto update' properties by any method I choose, including reverse engineering.
If the vendor wishes to modify, add, or remove any terms of the EULA, the revised EULA will only apply after I explicitly agree. I reserve the right to decline the revised EULA and to continue to use the software on the original terms.
I reserve the right to resell my software license to anyone anywhere anytime.
If the software publisher changes ownership or goes out of business, I reserve the right to continue to use the software on my terms, without being bound to the EULA.