LCE Posted June 9, 2008 Author Share Posted June 9, 2008 Not saying that at all. But it's the customer's responsibility, ultimately. Funny, I would have said it is the responsibility of the seller to bring any restrictions or limitations to the consumer beofre pruchase. Of course, whether they chose to read it is another matter... Quote Link to comment Share on other sites More sharing options...
tzframpton Posted June 9, 2008 Share Posted June 9, 2008 Funny, I would have said it is the responsibility of the seller to bring any restrictions or limitations to the consumer beofre pruchase. Of course, whether they chose to read it is another matter... They have done just that. it's call an EULA.... but it's up to the CUSTOMER to read it and understand it. DUUUUUHHHHHHHHH Quote Link to comment Share on other sites More sharing options...
ReMark Posted June 9, 2008 Share Posted June 9, 2008 Visit the AutoDe$k website specifically the section entitled Purchase. Note that even AutoDe$k does not refer to it as Lease. Two phrases that jump out at the viewer are looking to purchase and the other is buy on line. If AutoDe$k is leasing the rights to their software and not selling the software, per se, then the inclusion of both these phrases are 1) misleading and 2) subject to legal scrutiny. Grounds for a lawsuit? Maybe even a class-action lawsuit? AutoDe$k uses the words purchase and buy knowing full well that they attach an altogether different connation to the terms. To me that is lying. Is that an acceptable business practice? Quote Link to comment Share on other sites More sharing options...
tzframpton Posted June 9, 2008 Share Posted June 9, 2008 Then sue them Mark. :wink: Quote Link to comment Share on other sites More sharing options...
ReMark Posted June 10, 2008 Share Posted June 10, 2008 Styk, come in out of that hot Texas sun before you fry your brain. I maintain that AutoDe$k is trying to have it both ways. Using the terms purchase and buy and then later on telling the customer it is a lease just isn't kosher. Software manufacturer's seem to not only have their cake but also be able to eat it too. Quote Link to comment Share on other sites More sharing options...
LCE Posted June 10, 2008 Author Share Posted June 10, 2008 They have done just that. it's call an EULA.... but it's up to the CUSTOMER to read it and understand it. DUUUUUHHHHHHHHH Again though, should this not be provided beforehand? Using your example of an appartment, did the vendor/landlord not provide you with a contract beforehand, which you read, agreed to, and then handed over the money? If he hadn't provdided the contract, but said you needed to hand over the money before he would show it, would you have agreed? Secondly, back to the point of the court case, Autodesk have stated that they sell a licence for the software, not the software itself. Which implies that the software is much the same as a Sky TV box, or similar, where you can have and use it so long as you have a licence/contract. From what I understand, the man in question in this case was selling CD's, and therefore the software. However, given that the software CD/DVD is attainable through resellers, or even on the web, if the licence were to be resold on it's own, without a CD, I can not see how Autodesk could argue against it. I have just searched the autodesk site, using their search feature, and manually and have not been able to find anywhere the EULA for AutoCAD. So how am I to review this before I purchase it? Quote Link to comment Share on other sites More sharing options...
tzframpton Posted June 10, 2008 Share Posted June 10, 2008 Again though, should this not be provided beforehand?Using your example of an appartment, did the vendor/landlord not provide you with a contract beforehand, which you read, agreed to, and then handed over the money? If he hadn't provdided the contract, but said you needed to hand over the money before he would show it, would you have agreed? Secondly, back to the point of the court case, Autodesk have stated that they sell a licence for the software, not the software itself. Which implies that the software is much the same as a Sky TV box, or similar, where you can have and use it so long as you have a licence/contract. From what I understand, the man in question in this case was selling CD's, and therefore the software. However, given that the software CD/DVD is attainable through resellers, or even on the web, if the licence were to be resold on it's own, without a CD, I can not see how Autodesk could argue against it. I have just searched the autodesk site, using their search feature, and manually and have not been able to find anywhere the EULA for AutoCAD. So how am I to review this before I purchase it? I LCE. Quote Link to comment Share on other sites More sharing options...
rkmcswain Posted June 10, 2008 Share Posted June 10, 2008 I have just searched the autodesk site, using their search feature, and manually and have not been able to find anywhere the EULA for AutoCAD. So how am I to review this before I purchase it? Click here Quote Link to comment Share on other sites More sharing options...
LCE Posted June 10, 2008 Author Share Posted June 10, 2008 I LCE. Again, thanks for the man love Tex, but what now? Now what have I said that was stupid? There was no tree hugging humanity or anything in there....:wink: Quote Link to comment Share on other sites More sharing options...
LCE Posted June 10, 2008 Author Share Posted June 10, 2008 Click here That is great, but was that available from Autodesk, or is it just someone has posted it for the benefit of others? Who is to say that is current and correct if it isn't provided by Autodesk? Quote Link to comment Share on other sites More sharing options...
CADTutor Posted June 10, 2008 Share Posted June 10, 2008 I have just searched the autodesk site, using their search feature, and manually and have not been able to find anywhere the EULA for AutoCAD. So how am I to review this before I purchase it? Their "get out" for this situation is probably something along the lines that the EULA is different for each country and that to publish it may lead to confusion. I've just been in touch with a local reseller and asked them to send me a copy of the EULA. I'll let you know how I get on. Quote Link to comment Share on other sites More sharing options...
LCE Posted June 10, 2008 Author Share Posted June 10, 2008 I've just been in touch with a local reseller and asked them to send me a copy of the EULA. I'll let you know how I get on. That would be good. I still think it should be provided before any order is confirmed, if not made available by Autodesk, then it should at least be the responsibility of the reseller to ensure the consumer is aware of this. I am sure there have been cases of people buying AutoCAD, not even knowing that there is an EULA, so how can they be expected to check they have read and agree to something that they don't even know exists... Quote Link to comment Share on other sites More sharing options...
CADTutor Posted June 10, 2008 Share Posted June 10, 2008 As in all such cases: "buyer beware". This may be of interest. Quote Link to comment Share on other sites More sharing options...
CADTutor Posted June 10, 2008 Share Posted June 10, 2008 I've just been in touch with a local reseller and asked them to send me a copy of the EULA. I'll let you know how I get on. Hmm, I'm impressed. 90mins after making the request, I received a copy of the EULA as a PDF. EULA.pdf Quote Link to comment Share on other sites More sharing options...
LCE Posted June 10, 2008 Author Share Posted June 10, 2008 Hmm, I'm impressed. 90mins after making the request, I received a copy of the EULA as a PDF. Interesting. Which reseller was that? I would be curious what the response would be if we were to ask Autodesk for the same thing...in fact, I think I might try, if only I can find the right email address to use... Quote Link to comment Share on other sites More sharing options...
CADTutor Posted June 10, 2008 Share Posted June 10, 2008 Interesting. Which reseller was that? cadpoint|direct - they also have the best price I have found for AutoCAD (in the UK). Quote Link to comment Share on other sites More sharing options...
rkmcswain Posted June 10, 2008 Share Posted June 10, 2008 That is great, but was that available from Autodesk, or is it just someone has posted it for the benefit of others?Who is to say that is current and correct if it isn't provided by Autodesk? LOL... You can look at the URL and see that it's not from Autodesk. No, it's not current, but it has been available for years at this URL. IOW - there is no secret. If there was, Autodesk would have had this removed a long time ago. I'm sure 98% of it's the same as the current version. If you go to a reseller and want to "buy" AutoCAD, there is no way they would refuse to give you a copy of the EULA first. Quote Link to comment Share on other sites More sharing options...
CADTutor Posted June 10, 2008 Share Posted June 10, 2008 If you go to a reseller and want to "buy" AutoCAD, there is no way they would refuse to give you a copy of the EULA first. As I have just demonstrated. But I suspect that very few bother to do this. In fact, the Autodesk EULA is the only one I've ever bothered to read. Better go check the Adobe EULA... Quote Link to comment Share on other sites More sharing options...
ReMark Posted June 11, 2008 Share Posted June 11, 2008 EULAs and obituaries...two items I take a strong dislike to reading. Sometimes it can't be avoided. Quote Link to comment Share on other sites More sharing options...
skipsophrenic Posted September 9, 2008 Share Posted September 9, 2008 Their "get out" for this situation is probably something along the lines that the EULA is different for each country and that to publish it may lead to confusion. simple answer is to put appropriate EULA on each regional website, UK's for www.autodesk.co.uk, USA's for www.autodesk.com and so on, that takes away the each country argument.:wink: Quote Link to comment Share on other sites More sharing options...
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