On Tue, 11 Apr 2006, Ian McWilliam wrote:
the following is wholly unreasonable
*For the avoidance of doubt, no embedded or device versions of the above
operating systems, or any other operating systems, are included as Authorized
Operating Systems.*
After reading the whole license, I donĀ“t think a primary goal for Adobe
is to forbid BSD systems. It would probably be possible to add FreeBSD,
NetBSD and OpenBSD as Authorized Operating Systems, if someone cared
enough to ask them about it.
(And desktop and laptops users can ignore the "embedded or device"
stuff. That does not apply to you.)
You agree that Adobe may audit your use of the Software for compliance with
these terms at any time, upon reasonable notice. In the event that such audit
reveals any use of the Software by you other than in full compliance with the
terms of this Agreement, you shall reimburse Adobe for all reasonable expenses
related to such audit in addition to any other liabilities you may incur as a
result of such non-compliance.
This is more bizarre though. It wonder if its really legal (e.g. in US
or the European Union) to misuse your strong market position this way.
(I think I have seen similar clauses for commercial software aimed at
professional users. But I do not intend to invite Adobe represenatives
to my home...) The various authorities investigating how Microsoft
misused their position should probably look into this one as well.
Another problematic one is 3 h:
"You shall not use the Software to develop any software or other
technology having the same primary function as the Software, including
but not limited to using the Software in any development or test
procedure that seeks to develop like software or other technology, or to
determine if such software or other technology performs in a similar
manner as the Software."
/Johan