Re: EULA presentation requirements?

2014-03-18 Thread rick.langschultz

Doesn't ELLA stand for end-user LICENSE agreement, aren't such licenses 
prohibited per the clear language in the agreement as outlined? My rule,  if 
you have a question about it, don't. 

Sent from my Verizon Wireless 4G LTE Smartphone

 Original message 
From: Rick Mann rm...@latencyzero.com 
Date:02/10/2014  7:53 PM  (GMT-06:00) 
To: Ken Thomases k...@codeweavers.com 
Cc: cocoa-dev@lists.apple.com Dev cocoa-dev@lists.apple.com 
Subject: Re: EULA presentation requirements? 

Yeah, we found those. Thanks!

On Feb 10, 2014, at 17:51 , Ken Thomases k...@codeweavers.com wrote:

 On Feb 10, 2014, at 7:39 PM, Rick Mann wrote:
 
 Ooops, sorry I wasn't clear. This is an iOS app (distributed through the App 
 Store). I can't find similar language in
 
 https://developer.apple.com/appstore/resources/approval/guidelines.html
 
 Those say:
 
 • 10.1 Apps must comply with all terms and conditions explained in the Apple 
 iOS Human Interface Guidelines
 
 The HIGs 
 https://developer.apple.com/library/ios/documentation/userexperience/conceptual/mobilehig/StartingStopping.html
  say:
 
 As much as possible, avoid displaying a splash screen or other startup 
 experience.
 
 If possible, avoid requiring users to read a disclaimer or agree to an 
 end-user license agreement when they first start your app.
 
 So, those guidelines are not as cut-and-dry as the Mac App Store guidelines.  
 They provide sufficient wiggle room for your management to latch onto, if 
 they are determined.  But hopefully they discourage them from presenting an 
 at-launch EULA, instead.
 
 Regards,
 Ken
 


-- 
Rick



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Re: EULA presentation requirements?

2014-03-18 Thread Fritz Anderson
On 10 Feb 2014, at 10:25 PM, rick.langschultz rick.langschu...@me.com wrote:

 Doesn't [EULA] stand for end-user LICENSE agreement, aren't such licenses 
 prohibited per the clear language in the agreement as outlined? My rule,  if 
 you have a question about it, don't. 

I must not be clear on your meaning.

First, the review guidelines cited refer to the iOS Human Interface Guidelines, 
which relate to user experience, not the behavior or legal affairs of the app 
in general (those are covered by the review guidelines themselves and the 
terms-of-use for iTunes Connect). The HI guidelines certainly discourage (I’d 
forbid) withholding the value of your app by loading it up with advertising 
(splash screens), tap-through disclaimers, and EULA notices.

But developer-specific EULAs, as such, are certainly not forbidden; indeed, 
they are supported. The iTunes Connect registration process allows developers 
to substitute their own licenses for those in the iTunes Terms and Conditions, 
so long as they afford Apple no less protection than it demands for itself. 
Custom EULAs are displayed in the purchase process.

Maybe that’s what you meant to say.

I would not consider adopting a custom EULA without including it in the iTunes 
Connect registration — you’d likely be bound by the iTunes EULA rather than 
your own. You can have different ones for different jurisdictions, or forbid 
distribution in jurisdictions for which you can’t provide a EULA. (In other 
words, don’t indulge the hope that a German EULA will work in Saudi Arabia — 
look back in this thread.)

It’s also a good idea to have an “about” popover/view that presents the EULA 
for inspection (without forcing it onto the screen), or at least a prominent 
link to the current EULA (consult counsel on how to go about changing the 
license on existing purchasers).

— F

-- 

Xcode 5 Start to Finish — crafted by artisans for your enlightenment. April 
2014.


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Re: EULA presentation requirements?

2014-02-11 Thread Fritz Anderson
On 10 Feb 2014, at 7:36 PM, SevenBits sevenbitst...@gmail.com wrote:

 What's funny is that Xcode - distributed through the Mac App Store - does
 show a license screen at first launch. This would mean that Apple is
 breaking its own rules, if in fact that clause means what you say.

Old Latin aphorism, which has applied to Apple-platform development since 1984: 
“Quod licet Jovi non licet bovi.” “What is permitted to the Father of Gods is 
not for the cattle.” Apple has _always_ adopted human-interface elements that 
are unsupported by the SDK, or forbidden by its HIGs.

---

As for the EULA (and we have experience only with the iOS App Store), look up 
the iTunes Terms and Conditions. 
http://www.apple.com/legal/internet-services/itunes/ww/. It includes a EULA 
with more-or-less standard disclaimers along the lines of “if the app kills 
your children, we’ll refund the cost of purchase.”

You’ll also notice that there are some 150 TC statements. U.S. common law, 
Vietnamese Communism, and Saudi Shari’a are apt to have different requirements 
for the written language of contracts and the substance of disclaimers of 
liability. When I pointed this out to our intellectual-property office, which 
wanted a custom EULA, they required the app’s distribution be limited to the 
United States. (They later relented, which was a relief when we got to a reader 
for the French Encyclopédie and various readers and dictionaries for Classical 
Greek. There are rather a lot of francophone jurisdictions.)

Turn the U.S. Terms and Conditions over to your management, and see if they can 
live with it, especially compared to giving up international distribution 
(which prudence dictates you’d have to).

— F


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EULA presentation requirements?

2014-02-10 Thread Rick Mann
Does anyone have any references for the need to present a custom EULA when our 
app launches (after the user has downloaded it)? I know that Apple and the App 
Store provide a mechanism for providing a custom EULA, but people in my company 
are considering requiring the user to agree to it when the app launches. I'd 
really like to avoid this annoying user experience.

I tried googling, but found very little in the way of advice or common practice.

What do you guys do?

-- 
Rick





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Re: EULA presentation requirements?

2014-02-10 Thread SevenBits
On Monday, February 10, 2014, Rick Mann rm...@latencyzero.com wrote:

 Does anyone have any references for the need to present a custom EULA when
 our app launches (after the user has downloaded it)? I know that Apple and
 the App Store provide a mechanism for providing a custom EULA, but people
 in my company are considering requiring the user to agree to it when the
 app launches. I'd really like to avoid this annoying user experience.


My opinion is, while it may be annoying, it puts the user upfront with your
EULA. In some other installation methods, like installers on Windows or OS
X's own Installer.app, the user can easily skip the EULA to actually get to
the important part, the install. In my opinion, this is worse than simply
displaying a pop up box prompting the user to agree to the EULA. At least
this way you make it clear that this is important as opposed to just
another install step that can be skipped.



 I tried googling, but found very little in the way of advice or common
 practice.

 What do you guys do?


I use either an EULA supplied by the App Store or I present it to the user
during install or first launch. Another thing I do sometimes is license
under widely known terms (I.e BSD license) and then say, this software is
under the BSD license, go look it up if you want to read it. This is
simple, straightforward, and the user doesn't need to do anything if
they're already familiar with the terms of the license.



 --
 Rick




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Re: EULA presentation requirements?

2014-02-10 Thread Ken Thomases
On Feb 10, 2014, at 7:09 PM, Rick Mann wrote:

 Does anyone have any references for the need to present a custom EULA when 
 our app launches (after the user has downloaded it)? I know that Apple and 
 the App Store provide a mechanism for providing a custom EULA, but people in 
 my company are considering requiring the user to agree to it when the app 
 launches. I'd really like to avoid this annoying user experience.
 
 I tried googling, but found very little in the way of advice or common 
 practice.
 
 What do you guys do?

It's not clear to me if you want this for an app distributed through the App 
Store or outside of it.  If through the App Store, it's prohibited.  From 
https://developer.apple.com/appstore/mac/resources/approval/guidelines.html:

 • 2.20 Apps that present a license screen at launch will be rejected

Regards,
Ken


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Re: EULA presentation requirements?

2014-02-10 Thread Rick Mann
Perfect, Ken, thank you!

On Feb 10, 2014, at 17:27 , Ken Thomases k...@codeweavers.com wrote:

 On Feb 10, 2014, at 7:09 PM, Rick Mann wrote:
 
 Does anyone have any references for the need to present a custom EULA when 
 our app launches (after the user has downloaded it)? I know that Apple and 
 the App Store provide a mechanism for providing a custom EULA, but people in 
 my company are considering requiring the user to agree to it when the app 
 launches. I'd really like to avoid this annoying user experience.
 
 I tried googling, but found very little in the way of advice or common 
 practice.
 
 What do you guys do?
 
 It's not clear to me if you want this for an app distributed through the App 
 Store or outside of it.  If through the App Store, it's prohibited.  From 
 https://developer.apple.com/appstore/mac/resources/approval/guidelines.html:
 
 • 2.20 Apps that present a license screen at launch will be rejected
 
 Regards,
 Ken
 


-- 
Rick





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Re: EULA presentation requirements?

2014-02-10 Thread SevenBits
On Monday, February 10, 2014, Ken Thomases k...@codeweavers.com wrote:

 On Feb 10, 2014, at 7:09 PM, Rick Mann wrote:

  Does anyone have any references for the need to present a custom EULA
 when our app launches (after the user has downloaded it)? I know that Apple
 and the App Store provide a mechanism for providing a custom EULA, but
 people in my company are considering requiring the user to agree to it when
 the app launches. I'd really like to avoid this annoying user experience.
 
  I tried googling, but found very little in the way of advice or common
 practice.
 
  What do you guys do?

 It's not clear to me if you want this for an app distributed through the
 App Store or outside of it.  If through the App Store, it's prohibited.
  From 
 https://developer.apple.com/appstore/mac/resources/approval/guidelines.html
 :

  * 2.20 Apps that present a license screen at launch will be rejected


I always interpreted this clause to mean that you can't present a screen
asking for a license screen, not a screen showing the EULA. But I suppose
that it could be interpreted in this fashion.

What's funny is that Xcode - distributed through the Mac App Store - does
show a license screen at first launch. This would mean that Apple is
breaking its own rules, if in fact that clause means what you say.

But yes, the asker should clarify whether this is for the MAS or not.



 Regards,
 Ken


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Re: EULA presentation requirements?

2014-02-10 Thread Rick Mann
Ooops, sorry I wasn't clear. This is an iOS app (distributed through the App 
Store). I can't find similar language in

https://developer.apple.com/appstore/resources/approval/guidelines.html


On Feb 10, 2014, at 17:27 , Ken Thomases k...@codeweavers.com wrote:

 On Feb 10, 2014, at 7:09 PM, Rick Mann wrote:
 
 Does anyone have any references for the need to present a custom EULA when 
 our app launches (after the user has downloaded it)? I know that Apple and 
 the App Store provide a mechanism for providing a custom EULA, but people in 
 my company are considering requiring the user to agree to it when the app 
 launches. I'd really like to avoid this annoying user experience.
 
 I tried googling, but found very little in the way of advice or common 
 practice.
 
 What do you guys do?
 
 It's not clear to me if you want this for an app distributed through the App 
 Store or outside of it.  If through the App Store, it's prohibited.  From 
 https://developer.apple.com/appstore/mac/resources/approval/guidelines.html:
 
 • 2.20 Apps that present a license screen at launch will be rejected
 
 Regards,
 Ken
 


-- 
Rick





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Re: EULA presentation requirements?

2014-02-10 Thread SevenBits
On Monday, February 10, 2014, Rick Mann rm...@latencyzero.com wrote:

 Ooops, sorry I wasn't clear. This is an iOS app (distributed through the
 App Store). I can't find similar language in


 https://developer.apple.com/appstore/resources/approval/guidelines.html


Then I'd assume that you'll probably be okay, unless Apple functions under
the Communist doctrine of everything not permitted is forbidden.




 On Feb 10, 2014, at 17:27 , Ken Thomases k...@codeweavers.comjavascript:;
 wrote:

  On Feb 10, 2014, at 7:09 PM, Rick Mann wrote:
 
  Does anyone have any references for the need to present a custom EULA
 when our app launches (after the user has downloaded it)? I know that Apple
 and the App Store provide a mechanism for providing a custom EULA, but
 people in my company are considering requiring the user to agree to it when
 the app launches. I'd really like to avoid this annoying user experience.
 
  I tried googling, but found very little in the way of advice or common
 practice.
 
  What do you guys do?
 
  It's not clear to me if you want this for an app distributed through the
 App Store or outside of it.  If through the App Store, it's prohibited.
  From 
 https://developer.apple.com/appstore/mac/resources/approval/guidelines.html
 :
 
  * 2.20 Apps that present a license screen at launch will be rejected
 
  Regards,
  Ken
 


 --
 Rick




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Re: EULA presentation requirements?

2014-02-10 Thread Rick Mann
Yeah, we found those. Thanks!

On Feb 10, 2014, at 17:51 , Ken Thomases k...@codeweavers.com wrote:

 On Feb 10, 2014, at 7:39 PM, Rick Mann wrote:
 
 Ooops, sorry I wasn't clear. This is an iOS app (distributed through the App 
 Store). I can't find similar language in
 
  https://developer.apple.com/appstore/resources/approval/guidelines.html
 
 Those say:
 
 • 10.1 Apps must comply with all terms and conditions explained in the Apple 
 iOS Human Interface Guidelines
 
 The HIGs 
 https://developer.apple.com/library/ios/documentation/userexperience/conceptual/mobilehig/StartingStopping.html
  say:
 
 As much as possible, avoid displaying a splash screen or other startup 
 experience.
 
 If possible, avoid requiring users to read a disclaimer or agree to an 
 end-user license agreement when they first start your app.
 
 So, those guidelines are not as cut-and-dry as the Mac App Store guidelines.  
 They provide sufficient wiggle room for your management to latch onto, if 
 they are determined.  But hopefully they discourage them from presenting an 
 at-launch EULA, instead.
 
 Regards,
 Ken
 


-- 
Rick





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Re: EULA presentation requirements?

2014-02-10 Thread Ken Thomases
On Feb 10, 2014, at 7:39 PM, Rick Mann wrote:

 Ooops, sorry I wasn't clear. This is an iOS app (distributed through the App 
 Store). I can't find similar language in
 
   https://developer.apple.com/appstore/resources/approval/guidelines.html

Those say:

 • 10.1 Apps must comply with all terms and conditions explained in the Apple 
 iOS Human Interface Guidelines

The HIGs 
https://developer.apple.com/library/ios/documentation/userexperience/conceptual/mobilehig/StartingStopping.html
 say:

 As much as possible, avoid displaying a splash screen or other startup 
 experience.

 If possible, avoid requiring users to read a disclaimer or agree to an 
 end-user license agreement when they first start your app.

So, those guidelines are not as cut-and-dry as the Mac App Store guidelines.  
They provide sufficient wiggle room for your management to latch onto, if they 
are determined.  But hopefully they discourage them from presenting an 
at-launch EULA, instead.

Regards,
Ken


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Re: EULA presentation requirements?

2014-02-10 Thread Graham Cox

On 11 Feb 2014, at 12:36 pm, SevenBits sevenbitst...@gmail.com wrote:

 This would mean that Apple is
 breaking its own rules

You must be new here!

--Graham


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