2 questions about the Mac OS X EULA

Question

Level 1

105 points

2 questions about the Mac OS X EULA

I hope this question isn't inappropriate somehow.

Question 1:

In the EULA, it says:

"The software ... [is] licensed, not sold, to you by Apple Computer, Inc. ... and Apple reserves all rights not expressly granted to you. "

After reading that satement, even thoug it says "Apple reserves all rights not expressly granted to you," does this pertain only to intellectual property rights, or any usage of the OS? Can I use Mac OS X for any purpouse and to generate any content that isn't specifically prohibited by the law and/or the EULA?

My other question is:

"Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License."

Does a "failure to comply" constitute only deliberate willful acts, or do mistakes and non-deliberate acts terminate the lisence as well? I hope not; I hope that if I ever do make a mistake in abiding by the EULA, that I can simply undo that mistake and remain compliant (and therefore won't have to lose the money I spent on Mac OS)

Thanks for your help,

- fruit =)

Posted on Jul 31, 2006 8:43 PM

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Answer 1

Kappy

Level 10

362,007 points

Jul 31, 2006 10:52 PM in response to fruit

The EULA is a legal document, as such it's meaning and intent can only be definitively interpreted by a lawyer and/or court of law. It would behoove you to consult with your attorney for an answer to your question. Any answer you receive here is suspect unless received from an attorney who practices in the area of intellectual property.

In general the EULA stipulates the licensing of the software not the use of the software except to the extent that the use violates the express stipulations of the EULA.

In general the law does not accept "ignorance" as an excuse. Consequently a "mistake" can be a technical violation of the agreement. However, violation of a software license is only significant if one is caught in the violation. Apple will not be monitoring you from above.

And, yes, the question was inappropriate according to the Discussions' Terms of Use.

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Answer 2

fruit Author

Level 1

105 points

Aug 2, 2006 8:58 PM in response to Kappy

Thank you for your reply.

Is it possible in any way at all that only deliberate acts count as a failure to comply, and not resolved mistakes?

Also, I was unaware that this post is inappropriate and I give my apologies; how is it inappropriate?

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Answer 3

Kappy

Level 10

362,007 points

Aug 2, 2006 10:34 PM in response to fruit

Yes, deliberate acts count as failure to comply.

The Discussions are intended to help users with technical questions related to using Apple software and hardware. Questions regarding the legal meaning of a license agreement don't really fall into that venue.

I wouldn't worry about it, but I just wanted to alert you. Most new users of the Discussions don't read the Terms of Use. We like to try and keep things on target and avoid topics that aren't considered appropriate to the Discussions. Apple prefers that, and we are all here as their guests.

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Answer 4

fruit Author

Level 1

105 points

Aug 3, 2006 5:05 AM in response to Kappy

I see; so I most likely don't have to worry about a resolved mistake (meaning that I do something by mistake and realize it's wrong and undo it) terminating my right to use Mac OS (and therefore by extension my computer that I shelled out 1000+ USD for)?

Thanks for your help, and I'll make sure to read the "Terms of Use" so I avoid making any inappropriate posts in the future.

- Ken =)

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Answer 5

Kappy

Level 10

362,007 points

Aug 3, 2006 10:46 AM in response to fruit

I think you should simply enjoy using your computer and software and not worry about the license agreements. The major concern software developers have is that you'll give copies of the software to your friends or you will use software for which you didn't pay for a license.

If you buy it and use it and don't give it to friends, then that's all most software developers really care.

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