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The problem with enterprise software, such as data management software, where this clause is most often used, is that it doesn't come with an EULA, but with a f
by CaptainZapp 8y ago
The problem with enterprise software, such as data management software, where this clause is most often used, is that it doesn't come with an EULA, but with a full blown contract negotiated between the software manufacturer and the client.
Such contracts can run into dozens of pages and can be very specific.
It usually contains clauses specifying precisely what the customer is allowed to do with the software and what not.
A good example would be SAP, who sued Diageo for using the software in a way, which was not licensed. A court awarded the software provider north of 50'000'000 £ for allowing indirect access to the software[1]
If you think you're better off by using Oracle I have a license to sell you, but I digress.
Since those are full blown contracts negotiated between professional entities it's a quite safe bet that they are upheld by the courts.
[1] https://www.computerworlduk.com/it-vendors/sap-indirect-access-explained-3671760/ https://www.computerworlduk.com/it-vendors/sap-indirect-acce...