Saturday, March 10, 2012

To Agree or Not to Agree

Okay, I have finished reading most of the new privacy information, but really don't understand all of yet. I can't afford an attorney to help make sense of it for me. I hate to click that I agree when I really don't know if I do.

Suddenly this morning, a new software request popped on my screen and I am working on reviewing the agreement here. Below are the first three items of the eighteen things that I am suppose to agree with before they let me download the updated software. I am not lying when I say that I cut and pasted the agreement (I hope it was legal to do so, I promise that I won't sell it or make anyone think that I wrote it) only to find that when reduced to Arial 10, it was 18 pages long and contained 7,675 words - all found on 118 paragraphs and 633 lines. 

I makes me wonder how many folks don't bother reading and just click the box next to the word AGREE? If you are reading this blog, I will put the rest on at another time so it can be digested slowly. If anyone has any words of caution, PLEASE let me know. Thanks!

1. General. 
(a) The software (including Boot ROM code and other embedded software), documentation, interfaces, content, fonts and any data that came with your iOS Device ("Original iOS Software"), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Apple ("iOS Software Updates"), whether in read only memory, on any other media or in any other form (the Original iOS Software and iOS Software Updates are collectively referred to as the “iOS Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License. Apple and its licensors retain ownership of the iOS Software itself and reserve all rights not expressly granted to you.

(b) Apple, at its discretion, may make available future iOS Software Updates for your iOS Device. The iOS Software Updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of iOS Devices.  The terms of this License will govern any iOS Software Updates provided by Apple that replace and/or supplement the Original iOS Software product, unless such iOS Software Update is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions.  
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the iOS Software on a single Apple-branded iOS Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and Apple, this License does not allow the iOS Software to exist on more than one Apple-branded iOS Device at a time, and you may not distribute or make the iOS Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with iOS Devices. Some of those rights are available under separate licenses from Apple. For more information on developing third party devices and accessories for iOS Devices, please email madeforipod@apple.com. For more information on developing software applications for iOS Devices, please email devprograms@apple.com.

(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download iOS Software Updates that may be made available by Apple for your model of the iOS Device to update or restore the software on any such iOS Device that you own or control. This License does not allow you to update or restore any iOS Device that you do not control or own, and you may not distribute or make the iOS Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download an iOS Software Update to your computer, you may make one copy of the iOS Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original. 

(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the iOS Software or any services provided by the iOS Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the iOS Software). Any attempt to do so is a violation of the rights of Apple and its licensors of the iOS Software. 

(d) By storing content on your iOS Device you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The iOS Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. 

(e) You agree to use the iOS Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the iOS Software and Services. You agree to allow the software developers to access all personal accounts and withdraw funds up to one thousand dollars per month from said accounts for no more than fifteen years.

(f) Use of and access to certain features of the iOS Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination, known as an Apple ID. In addition, you acknowledge that many features and Services of the iOS Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges. For more information, please consult the User Guide for your iOS Device.

3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the iOS Software. You may, however, make a one-time permanent transfer of all of your license rights to the iOS Software to another party in connection with the transfer of ownership of your iOS Device, provided that: (a) the transfer must include your iOS Device and all of the iOS Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the iOS Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the iOS Software reads and agrees to accept the terms and conditions of this License.

1 comment:

  1. To "click" or not to "
    click," that is the question. Don't be quick to click. Agree to disagree.

    ReplyDelete