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#11
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I hate to tell you this but none of the legal decisions posted earlier PROVE anything regarding the IL-2 EULA. One specifically mentioned nothing more than a warranty disclaimer printed on the outside of the box and the other was a case involving the LACK OF MUTUAL CONSENT. That is not the case with IL-2 since, to install the software, YOU MUST CONSENT TO THE AGREEMENT.
For boxed software, the EULA is not an agreement at time of purchase, it is an agreement at time of installation and you CAN return software if you do not agree to the EULA. Admittedly you will have to fight, bitch, and moan but it can be done. If you buy it with a credit card it's even better b/c you can just dispute the charge through the bank. In all likelihood you even get to keep the software! IF BOXED SOFTWARE EULAs WERE NOT ENFORCEABLE, THEN THEY WOULD HAVE BEEN REPLACED WITH SOMETHING ELSE BY NOW. Why do you think that companies pay license fees to use other game engines (such as the Quake engine, UT engine, HL engine, Cry engine, etc.)? If the EULA was not enforceable they would just buy ONE copy of the game and mod/hack it to their hearts desire. Please do NOT mention the fact that no one is charging for the Il-2 hacks UNLESS you can point out where in the EULA it allows for such. --Outlaw. |
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