EULA of Visual Studio 2010 from dreamspark
EULA: End User License Agreement
You know that annoying check box you need to check when you install new software or games? The one that says "I have read and agree with the EULA"? Do you ever read what it says above it? No? Oh...
Seriously. The EULA is important and you should read it... in some cases.
One of those cases was when I was browsing DreamSpark (free Microsoft development tools) which after registering and confirming you are a student (one of the few times I happily admit I'm a student) you can download all kind of free development tools at no charge with all features.
In general there is no such thing as free stuff. "Buy one and get another free" is not free, it is 50% discount when you buy two. Still I decided to check it out and to my surprise (actually, the school forum had point it out). There was also the new Microsoft Visual Studio 2010 Professional.
"Cool!!" was my first reaction, but after checking the site further out I noticed that Visual Studio 2008 and many others had a license that by downloading I agree to not use it for "commercial". Here is the section I refer to:
b. Restrictions. You may not use the Software:
• for commercial purposes (except as permitted under Section 3(d); or
• to develop or maintain Your own administrative or IT systems, or those of Your educational institution.
(Full Microsoft DreamSpark License)
However for some strange reason the above EULA was not on the screen of VS2010. So after downloading I checked if the installer had such a restriction and it did not. That means I now have a full and legal version of Visual Studio at no cost with no restrictions other than those you would have if you bought it.
For that I thank you Microsoft!
April 18th, 2010 - 14:48
There seem to be a EULA for DreamSpark it self that supersede and control over any conflicting license terms and has…
….
b. Restrictions. You may not use the Software:
• for commercial purposes (except as permitted under Section 3(d); or
• to develop or maintain Your own administrative or IT systems, or those of Your educational institution.
…
So you may want check for any EULA for DreamSpark it self MSDN has some thing like this too…
http://www.churchmedia.net/forums/copyright-issues/36792-dreamspark-rocks-eula-might-not.html
April 18th, 2010 - 21:12
Yes you are correct, but when I downloaded it I didn’t have to agree to it (The dreamspark EULA was not on the page or was redirected to). An EULA can also not be applied “in retrospective”, meaning because they forgot something they can’t force people who have already have the object accept the new license.
Although I’m a programmer I know quite a bit about laws and agreements (two people in the family deal with it so I can’t help picking things up
)
April 19th, 2010 - 00:56
Its not they forgot something its they do not have to edit the EULA with the software it self…
1. NOTICE: STUDENT PROGRAM SOFTWARE. The terms of this license apply to all Software provided to You under the Student Program, and shall supersede and control over any conflicting license terms You may encounter in the Software, even if installation of the Software requires You to “accept” a separate end user license agreement.
http://www.churchmedia.net/forums/copyright-issues/36792-dreamspark-rocks-eula-might-not.html
So if DreamSpark came with this EULA it would over right part of any other EULA. In MSDN case all software on disk comes with retail EULA but there a EULA you get with MSDN it self that changes the rules of use for all software. DreamSpark sounds like it came with a EULA to do this. But could be wrong as do not have DreamSpark…
BTW your link to Full Microsoft DreamSpark License dos not work or without DreamSpark anyways..
April 19th, 2010 - 08:13
The point I was trying to make in my post was that I never agreed to the DreamSpark license. An EULA is only valid when the user can see it before and after and if he has agreed to it (not agreeing means the provider (Microsoft) can refuse the software).
Just to be sure I have gone through the entire procedure again (including creating an account) and here is an overview
1. During the login on DreamSpark I was not presented any EULA
2. During the verification (the yes-I-am-a-student part) I was not presented an EULA
3. When I downloaded the ISO there was no EULA for Visual Studio 2010.
4. When installing VS2010 there was an EULA but this was the standard EULA of VS2010 with no mention of DreamSpark.
That means I never agreed to the DreamSpark license.
The only legal part that can be debated is the fact that I could expected that the DreamSpark license applies on all product. To give a real example (just to make it clear): If you are shopping for a TV and you find one for 5 euro while all other TV’s are at least 100 euro you could have expected that there was an error and that this TV also costs at least 100 euro. However the DreamSpark license contains a list of products (just a enumartion of software titles, but no special mention or anything) and you find the EULA back on the downloading pages of those products, however you also find it back on some of the download pages of software that was not mentioned in the EULA. And the express versions also don’t mention the DreamSpark EULA (they are free). But a few other software also don’t have the license (which means that VS2010 is not the only one who is unclear.)
Which means that is unclear for me as user to detemine (and thus expect) on what products the EULA does or does not apply.
In all honesty I think that microsoft might have made an oversight here, but if that was the case it is there problem.