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Censoring Security Information | 15 comments (15 topical) | Post A Comment
Of course it is...[ Parent | Reply to This ] (none / 0) (#6)
by CowboyinBRLA on Tue Apr 05, 2005 at 01:01:01 PM PDT

Of course it's a huge expansion of the definition of the term "performance test". One of the hallmarks of a bad EULA, I think, is the use of slippery words like this without defining them in the agreement. That way, the terms can be redefined at any point that is advantageous to the company. In theory, of course, a court can rule on whether the definition being applied is reasonable. But how many end users are going to sue when a company terminates their EULA for a violation like this? Not many. The old adage is "Give them an inch, and they'll take a yard". I think it's pretty clear that's what Sybase is doing with its EULA, in order to protect its reputation.

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