3 ms·
There's some misinformation here. They are certainly a contract, and are handled as such in law suits. In fact, one mechanism by which they are sometimes invali
by jdmichal 10y ago
There's some misinformation here. They are certainly a contract, and are handled as such in law suits. In fact, one mechanism by which they are sometimes invalidated is called "contract of adhesion", which of course cannot happen if they are not a contract in the first place. [0] However, even then, being ruled a "contract of adhesion" simply allows clauses of a contract to be ruled invalid based on a much tighter set of criteria. The fact that the EULA is a contract itself will still stand. [1]
Also, every contract may contain clauses which may be ruled unenforceable. This is not an unknown, and is why every contract has a severability clause. [2]
[0] https://en.wikipedia.org/wiki/Standard_form_contract#Contracts_of_adhesion https://en.wikipedia.org/wiki/Standard_form_contract#Contrac...
[1] https://en.wikipedia.org/wiki/End-user_license_agreement#Enforceability_of_EULAs_in_the_United_States https://en.wikipedia.org/wiki/End-user_license_agreement#Enf...
Specifically: "No court has ruled on the validity of EULAs generally; decisions are limited to particular provisions and terms."
[2] https://en.wikipedia.org/wiki/Severability https://en.wikipedia.org/wiki/Severability