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In UK law (I am not familiar with any other legal jurisdictions), that licence agreement isn't a contract at all — even with that line about specific performanc
by matthewheath 7y ago
In UK law (I am not familiar with any other legal jurisdictions), that licence agreement isn't a contract at all — even with that line about specific performance included — because no consideration (something of value) has been given by the developer intending to use the software, the licensee.
If such a licence were to be subject to the jurisdiction of UK courts, I don't think the licensor (or the recipient as a third-party beneficiary) would win.
- bdowling 7y agoRe consideration, a promise to do or forego something in the future can be sufficient consideration to form a binding contract. In fact, most contracts are an exchange of promises (e.g., any sales contract where goods and payment will be delivered in the future). Here, the CAL contains additional language indicating that the author intends for the CAL to be not just a license, but also an enforceable contract including the license conditions: > In order to receive this License, You must agree to its rules. The rules of this License are both obligations of Your agreement with the Licensor and conditions to your License. You must not do anything with the Work that triggers a rule You cannot or will not follow. (emphasis added) CAL section 2.
- matthewheath 7y agoAh, thank you for clarifying this for me. I'm aware that promise to do or forego something can be sufficient consideration but clearly I did not read the CAL sufficiently to identify what the licensee was going to do or forgo.