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Permitted Uses: Adobe vs Autodesk EULAs

By Ed Foster, Section EULA Reviews
Posted on Sun Sep 26, 2004 at 01:38:59 PM PDT

Can you use the same copy of a software program on your home or laptop as well as your desktop workstation? Many EULAs say absolutely not, but this is one area where both Autodesk and Adobe have a more lenient policy.

(7 comments, 723 words in story) Full Story

Audit Clauses: Adobe vs Autodesk EULAs

By Ed Foster, Section EULA Reviews
Posted on Thu Sep 16, 2004 at 11:12:13 AM PDT

What would be a fair license provision concerning audits of customers' licensing compliance? An examination of the contrasting Autodesk and Adobe EULA terms in this regard may give us an answer to that rather tricky question.

(6 comments, 624 words in story) Full Story

License Transfer: Adobe vs Autodesk EULAs

By Ed Foster, Section EULA Reviews
Posted on Thu Sep 16, 2004 at 11:08:27 AM PDT

While we have already seen (and scored) the transfer terms of Adobe and Autodesk in the usage limitations piece of this comparison, I think it's a topic worth discussing separately. That's particularly true when we include the AutoCad bankruptcy provision as a form of prohibition against transfer of license rights to another party. Reasonable people can differ on the question of what transfer rights software customers should have, but Autodesk's approach is beyond the pale.

(27 comments, 705 words in story) Full Story

Adobe vs. AutoCad: A Head-to-Head EULA Comparison

By Ed Foster, Section EULA Reviews
Posted on Thu Sep 09, 2004 at 10:13:39 PM PDT

How different can two software license agreements be? Let us count the ways.

This a preliminary, beta, 0.9 release of a comparison of the End User License Agreement (EULA) terms of two products - Adobe Photoshop CS and Autodesk AutoCad 2005 - as I believe those license agreements read in the summer of 2004. Even though the two EULAs have virtually identical language in many sections, there are nonetheless significant differences between them. With the help of my readers, I hope to develop a scoring system that can be used to quantify such differences in EULAs, and ultimately in website terms of service, privacy policies and other forms of shrinkwrap/clickwarp/broswerwrap agreements.

(33 comments, 1205 words in story) Full Story

Limitations on Use: Adobe vs Autodesk EULAs

By Ed Foster, Section EULA Reviews
Posted on Thu Sep 09, 2004 at 08:12:38 PM PDT

Some of the sneakiest terms in EULAs are those that try to put limitations on usage that is quite legal under copyright and other law. For the most part, the Photoshop license only reinforces those usage limitations that are prohibited by law anyway. The AutoCad license, however, takes some unique steps to restrict users even from actions that are clearly protected under laws in the U.S. and abroad.

(10 comments, 1668 words in story) Full Story

Liability Terms: Adobe vs Autodesk EULAs

By Ed Foster, Section EULA Reviews
Posted on Thu Sep 09, 2004 at 08:04:36 PM PDT

Limiting liability to the fullest possible extent - and a bit beyond -- is the primary purpose of software license agreements, so you tend to see almost identical language in all of them. At first, it looks like that's the case with AutoCad and Photoshop, but it turns out the Adobe license has a few pleasant surprises.

(1 comment, 713 words in story) Full Story

Warranty Terms: Adobe vs Autodesk EULAs

By Ed Foster, Section EULA Reviews
Posted on Thu Sep 09, 2004 at 08:00:43 PM PDT

Warranties -- and disclaimers of warranties -- is one area in which software EULAs do much of their real dirty work. And that's true of both the AutoCad and Photoshop EULAs as well, this being the one section where there's not a lot to choose from between the two license agreements. But one interestng difference does at least suggest Adobe is leaning in a far more customer-friendly direction than Autodesk.

(11 comments, 1437 words in story) Full Story

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