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AFAIK in Germany the TL;DR is that if there's anything in the EULA which violates "German Civil Code (BGB)", then either parts or all of the EULA are invalid. I
by flohofwoe 3y ago
AFAIK in Germany the TL;DR is that if there's anything in the EULA which violates "German Civil Code (BGB)", then either parts or all of the EULA are invalid. I remember that in Germany an EULA cannot prohibit reselling the software to somebody else, or making your own backup copy (kinda tricky nowadays though where everything is just a "service").
- ensignavenger 3y ago"AFAIK in Germany the TL;DR is that if there's anything in the EULA which violates "German Civil Code (BGB)", then either parts or all of the EULA are invalid. " There is nothing unique about German law here. The same is true in the USA and most other countries. If a EULA or any other contract (whether agreed verbally, signed physically, digitally, or via a "click") violates the law, it can be considered invalid/unenforceable. It has nothing to do with how the agreement was agreed to, but with what the agreement contains. (There may be some legal theory that may carry some weight that a contract agreed to via a "click" is more likely to be unconscionable that one agreed to with a physical signature, but that does not automatically make all "click" agreements unenforceable.)
- troupo 3y agoThere are multiple reasons why an EULA may be viewed as unenforceable in the EU due to unfair terms: https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm https://europa.eu/youreurope/citizens/consumers/unfair-treat... Interestingly, Unity runs afoul of many of those.
- patmorgan23 3y agoThat's just standard contract law in any country.