EULAs: The “I’m Rubber, You’re Glue” Edition

Back in August, I wrote about Cracking the EULA’s shell.  In that instance, a California court was headed down the path of declaring EULAs as contracts of adhesion.  This was a pretty hard blow to the EULA’s drafter (the vendor).

Today is a new EULA case, with a twist.  Long story short, a court ruled against a vendor again.

Moral of the Story:  If you’re using/relying on EULAs to protect you and your product… and you believe that your funky drafting and interesting language is going to be read in a way that always works out in your favor… think again.

[Thanks to ContractsProf Blog for the story!]


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