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!]