EULA's for physical objects?

Sun Oct 26 2003 00:00:00 GMT+0000 (Coordinated Universal Time)

Ed Foster shows us that EULA's aren't just for software anymore... apparently, the Stots tool corportation doesn't allow you to "purchase" or "own" their tools, you just license them. This world gets more messed up every day. Check this out from their EULA:

You may not: a. allow individuals that did not purchase the original Product use the Product or any templates produced using the Product or Process described (without specific written permission from the Stots Corporation); b. modify, translate, reverse engineer, create derivative works based on, or copy (except for the backup copy) the instruction book; c. rent or lease the Product, templates produced using the Product and the Process, any rights granted by this license agreement, or accompanying documentation in any form to any person without the prior written consent of Stots which, if give, is subject to the transferee�s consent to the terms and conditions of this license; d. remove any proprietary notices, labels, or marks on the Product, documentation, and containers; and e. copy the Product using the Process (or any other means).

read on for the entire EULA...

TemplateMasterTM License Agreement

Removing the seal from the product indicates your agreement to be bound by the terms of the agreement. ("Agreement") printed in the User�s Manual. If you do not agree with the "Agreement", do not remove product seal and promptly return, this tool, package and the other items (written materials and containers) to Stots Corporation for a full refund.

Important: It is important that you carefully read the following agreement prior to removing the seal on the product.

Thank you for purchasing this Stots Corporation product.

LICENSE GRANT �This is a license, not a sales agreement, between you, the end user, and Stots Corporation ("Stots"). Stots grants to you a non-exclusive, non-transferable (except as provided below) license to use the Make-It-RightTM Template MasterTM ("Product") attached to the agreement seal and also to the manufacturing process ("Process") described in the accompanying documentation in accord with the terms set forth in this License Agreement.

You may: a. use the Product (or any of the working templates produced using the Product or Process) in only one shop by the original purchaser only; b. make one (1) copy of the instructions for backup purposes, provided that you reproduce all proprietary notices on the copy; and c. use the Process described in the instruction book (multiple US patents pending) only with the original Product provided with the instruction book.

You may not: a. allow individuals that did not purchase the original Product use the Product or any templates produced using the Product or Process described (without specific written permission from the Stots Corporation); b. modify, translate, reverse engineer, create derivative works based on, or copy (except for the backup copy) the instruction book; c. rent or lease the Product, templates produced using the Product and the Process, any rights granted by this license agreement, or accompanying documentation in any form to any person without the prior written consent of Stots which, if give, is subject to the transferee�s consent to the terms and conditions of this license; d. remove any proprietary notices, labels, or marks on the Product, documentation, and containers; and e. copy the Product using the Process (or any other means).

All rights, title, interest, and all copyrights to the documentation, and any copy made by you remain with Stots. Unauthorized copying of the Product or the documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Stots other legal remedies.

LIMITATION OF REMEDIES: Your sole remedy under this License Agreement shall be repair or replacement as provided in the warranty. Stots� sole and exclusive maximum liability for any claim by you or anyone claiming through or on behalf of you arising out of your purchase or the warranty shall not in any event exceed the actual amount paid by you for the Product and documentation. IN NO EVENT SHALL STOTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR PURCHASE AND USE OF THE PRODUCT OR OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATIONS LOSS OF USE, PROFITS, GOODWILL OR SAVINGS, OR LOSS OF WOOD CUT BY THE USER. SOME STATES DO NOT ALLOW THE EXCLUDING OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

LIMITED WARRANTY

THE PRODUCT AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT OR PROCESS IS WITH YOU, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Stots does NOT warrant that the function contained in the Process will meet your requirements or that the use of the Product will be error free. However, Stots warrants that the Product as furnished will be free from defects in material and workmanship for a period of five (5) years from the date of purchase. Stots shall, at its option and cost, either repair or replace the Product with a new or reconditioned Product provided the Product is returned by you to Stots, along with the dated and serialized proof of purchase, transportation and insurance prepaid, within the above warranty period, and provided the Product is found by Stots to be defective within the terms of this warranty. Stots shall return product repaired or replaced to you, transportation and insurance prepaid. Returned defective Product shall become the property of Stots. If any Product returned by you to Stots for repair or replacement is found by Stots, after examination and testing, not to be defective, Stots shall so advise you and shall dispose of any such product in accordance with your instruction and at your cost, and you shall reimburse Stots for examination and testing expenses incurred at Stots� then current rates.

CONTINUED USE OR POSSESSION OF THE PRODUCT AFTER EXPIRATION OF THE ABOVE FIVE (5) YEARS WARRANTY PERIOD SHALL BE CONCLUSIVE EVIDENCE THAT THE WARRANTY IS FULFILLED TO THE FULL SATISFACTION OF PURCHASER.

The warranty set forth above shall not apply to any failure or deficiency which has been caused by misuse, neglect, alteration, improper use, unauthorized repair or modification, improper following of the Process, accident, or causes external to the Product or Process, such as, but not limited to, excessive heat or humidity OR improper following of the Process. Stots� warranty set forth above shall not be enlarged diminished or affected by, and no liability shall arise out of, Stots� rendering of technical advice or service in connection with your purchase. This warranty set forth above is not assignable by you.

GENERAL�You may terminate this licensee at any time by destroying the Product; templates produced using the Process, and all copies of the instruction book or by sending them to Stots. Stots may terminate this license if you fail to comply with the terms and conditions of the License Agreement. Upon such termination, you agree to destroy or return the Product; templates produced using the Process, and all copies of the instruction book or by returning them to Stots. You agree to be responsible for the payment of any taxes resulting from this Agreement. Any unauthorized rental, lease, and assignment or (except as provided above) transfer of any copy of the Product or documentation shall be void. If any provisions of this Agreement are held invalid, the remainder shall continue in full force and effect. This License Agreement shall be governed by the laws of the State of Kentucky.

This Agreement is the entire Agreement between you the purchaser and Stots and supersedes any other communications, advertisements, or understandings with respect to the Product, Process, and documentation. TemplateMasterTM is a trademarks of Stots Corporation.

Posted by joebeone at Octubre 26, 2003 09:47 AM