Borland's ***** software license

[JimH]

Well, if you haven't seen this yet, here are some of the more "interesting" parts.

Quote:
12. AUDIT. During the term of this License and for one
(1) year thereafter, upon reasonable notice and during
normal business hours, Borland or its outside auditors will
have the right to enter your premises and access your
records and computer systems to verify that you have paid
to Borland the correct amounts owed under this License
and determine whether the Products are being used in
accordance with the terms of this License. You will
provide reasonable assistance to Borland in connection
with this provision. You agree to pay the cost of the audit
if any underpayments during the period covered by the
audit amount to more than five percent (5%) of the fees
actually owed for that period.

14.4 No Jury Trials; No Joinder. Each party hereby
irrevocably waives its right to a jury trial in any legal
action, suit or proceeding between the parties arising out
of or relating to this License. A copy this License may be
filed with the court as written consent by both parties to a
bench trial. You agree that any dispute you may have
against Borland cannot be joined with any dispute of any
other person or entity in a lawsuit, arbitration or any other
proceeding, or resolved on a classwide basis.

http://freshmeat.net/articles/view/369/

I always used Borland's products when I was using DOS/Windows. I think they can expect me to never use any of their products again.

Jim H

[Spot]

yea..that's some pretty frikken scary shit there

[paradox]

Ummm, me use Borland ever again? I think not...............


Aragorn

[SkyNet]

The GNU compilers are better IMHO, Ever since I installed linux, I do all my programming for classes on my Linux box, then goto school and make sure they work on the Borland compilers(because that's what my teachers use).

[nfallon]

Just don't register the product. That should take care of it. If they don't know you own it they can't audit.

Microsoft must have written that for them.

Neil

[JimH]

Borland has gotten in the habit of requiring you to register the product before you can install it. At least on thier trial version's. I haven't bought anything from them since Delphi 3.

Jim H

[JimH]

Borland has responsed to the criticism their license has generated.

Quote:

Open letter to the Borland developer community - by Dale Fuller




Abstract:An open letter from Dale Fuller to the Borland developer community regarding Borland's new product licensing agreement(s)



To our current and future customers,

At Borland we value the relationship we have with our customers and the developer community. This is a special relationship that we have enjoyed for more than 18 years. Therefore the recent letters and articles expressing issue with Borland's new product license agreement are of particular concern to us.

Borland delivers products that are sold individually and in volume to major enterprise customers. The new end user license agreement mistakenly contains language that is specific to enterprise volume customers. This language is industry standard boilerplate for enterprise licenses, but it should not have been included in the individual product licenses. This was an error on our part and is in the process of being fixed.

Borland remains committed to the Borland Nation of developers. We appreciate the community's continued interest in and passion for Borland products.

Sincerely,
dale


They are either trying to cover their *** or they did really make a mistake.

Jim H

[nfallon]

Companies that have been writing license agreements for 18 years don't make mistakes on them. They have teams of lawyers that go over the agreements. They're covering their butts.

Neil

[JimH]

Companies that have been writing license agreements for 18 years don't make mistakes on them. They have teams of lawyers that go over the agreements. They're covering their butts.

My thoughts exactly. ;D

Jim H

[paradox]

My thoughts exactly. ;D

Jim H

Ditto! :

Aragorn