Freeware and ELUAs: How to Protect Yourself

End license user agreements, or EULA as many call them, are those boxes that pop up when you install software. They typically offer two choices at the bottom of several pages of legalese, “I Agree to These Terms” or “I Do Not Agree to These Terms.” In general, people tend to simply click Agree, without reading, simply to begin the installation of their software. Every iTunes update comes with one of these, so they are not just a product of software the user purchases in a store or through a web site.

Unfortunately for the unwitting consumer, software companies are using the complacence and apathy of the public as a means to get the user to agree to software he may not have bargained for. There are numerous cases of this, yet since the end license user agreement was legally signed with that click, there is little to no legal recourse for those who may find unwanted programs at best – and malicious spyware at worst – on their computers. One of the more famous cases of this problem was when Apple snuck their Safari IOS into an iTunes update. Legally they were in the clear since everyone did agree to the installation, but acts like this only undermine the consumers’ trust in the company.

The situation with Apple is not the typical way EULA abuse makes the headlines. Typically people who download software find themselves on the receiving end of malware, Trojan horses, and bots that corrupt their systems and crash their hard drives. Unfortunately for these folks, the law says they brought it on themselves.

Despite the fact that End license user agreements tend to be long and obtusely worded, the public needs to read and understand what they are agreeing to when they accept free software from an unknown source.

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