Apple’s Software License Agreement vs. Microsoft’s Vista License Agreement
By Robert Pritchett, November 2006
Which Operating System license would you rather agree to? Apple’s or Microsoft’s? Apple’s Mac OS X Tiger (soon to be Leopard) is a 4-pager of fine print, while Microsoft’s runs on for 14 pages, because it covers so many different Vista OSes.
But if you look at the fine print, they both are somewhat similar, no doubt colored by past history between them and updates due to litigious-society feedback over the years.
I bow to expert Wikipedia resources for the history behind Licensing, this time between Apple and Microsoft – http://en.wikipedia.org/wiki/Apple_v._Microsoft
Robert X Cringley wrote an article on Cross-Licensing - http://www.pbs.org/cringely/pulpit/pulpit20060427.html
Apparently, Apple is hamstrung with the Microsoft Office license.
Derek Meier wrote:
Hey, you always go on about how you don’t own Windows, you are leasing it. Well, take a look at the Tiger EULA!
1. If you look below, you don’t own the software either from Apple or Microsoft.
2. Also they can take away anytime they want, just like Windows.
3. Hanford cannot use OS X for their critical systems and must use windows, as I have verified and seen @ EN.
4. Calling home base, just like Windows.
All in all, you "DO NOT OWN THE SOFTWARE, JUST LIKE WINDOWS*
Hence your argument with leasing Windows is the same as OS X, except you pay yearly with OS X with updates.
'Nuff Said
Apple Legal
http://www.apple.com/legal/sla/
Microsoft Legal
http://www.microsoft.com/about/legal/useterms/default.aspx
Mac OS X software license agreement
http://www.apple.com/legal/sla/macosx.html
http://en.wikipedia.org/wiki/Mac_OS_X
John C. Welch wrote this over at http://www.bynkii.com
Fun with Licenses
Okay, so since I beat Apple about being tools, I knew that if I waited long enough, Microsoft would rise to the competition and show their own Makita-like behavior...and I was not wrong.
It's funny, how in the middle of promoting their own virtualization products, they commence to doing their best to restrict their use in such an environment.
From the EULA for Windows Business:
You may use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system. If you do so, you may not play or access content or use applications protected by any Microsoft digital, information or enterprise rights management technology or other Microsoft rights management services or use BitLocker. We advise against playing or accessing content or using applications protected by other digital, information or enterprise rights management technology or other right management services or using full volume disk drive encryption.
Well isn't that handy. Microsoft forbids you from using their DRM/IRM technology, then recommends you don't use anyone else's. Thanks a pantload Chet. Now, while the DRM thing brings to mind "Okay, so don't use Windows Media Player at work", it's leaving off the fact that there's quite a few uses for DRM within business purposes. The more restrictive one is the enterprise rights management technology prohibition. This is what things like Office use to restrict/controll access to things like oh, sensitive documents, etc.
So, you can use Vista Business in a VM, but you can't use it for work that might be of a sensitive nature. How friggin' handy. Thanks again. This bizarre restriction also applies to Ultimate. Yeesh. The Vista home versions are better. You can't use them at all in a virtual machine. Go Microsoft Legal.
But it gets better. From section 8, Scope of License:
You may not work around any technical limitations in the software;
What the [HECK] does that mean? If I find a bug, (which can easily be defined as a "technical limitation in the software"), am I now restricted from doing anything to work around it until Big Daddy Ballmer blesses me with a fix? What if it's never fixed, or isn't fixed until the next paid upgrade? If I find something that Windows doesn't do well, and I figure out a way to make it do it better, evidently, I'm required to work at the more crappy level, rather than "work around a technical limitation in the software". That's vague in a very dangerous way, as it could be taken to mean no patching, no hacking, no modifying, etc. Great. So much for things like non-Microsoft-provided versions of Winternals. This is so STUPIDLY vague as to be able to prevent you from installing ANYTHING that overrides an inferior Vista function.
Again, this is not the Home version or the others. It's the business version.
Now, to be fair, Apple's OS X EULA completely proscribes using it on non-Apple hardware. That can, with most logic, be extended to VMs. However, since Apple's not selling virtualization software, it's a little less dumb. As well, as long as you were running the VM software on a Mac, then you're still running on an "Apple-labeled computer", so you'd not be in violation of the EULA, as long as you weren't running more copies than you were licensed for.
The closest the OS X EULA gets to the stupidity of section 8 of the Vista EULA is in section 2, paragraph C:
Except as and only to the extent permitted in this License, by applicable licensing terms governing use of the Open-Sourced Components, or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof.
Oh yeah, and don't use it in a Nuclear Facility. Do note, it doesn't say, "You may not work around any technical limitation in the software", and even the prohibition against copying/decompiling/reverse engineering/disassembling/modifying/or creating derivative works only applies to the Apple software, not the open source stuff.
I don't like the "modify". Again, it's a vague legal term. Do they mean modify the code, or just what happens when it runs? Is an input manager or a haxie part of this? Vague legal terms, bad idea.
It's still not as bad as specifically preventing you from working around technical limitations however. That's just...lame.
Ah, Microsoft. Overachieving yet again.
Apple’s Full Software License Agreement is 4 pages long (okay, a little over 3 pages in 7-point font [that is why it is called ‘fine print’]).
English
APPLE COMPUTER, INC. SOFTWARE LICENSE AGREEMENT FOR MAC OS X Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. General. The software (including Boot ROM code), documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Computer, Inc. (“Apple”) for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
2. Permitted License Uses and Restrictions.
A. This License allows you to install and use one copy of the Apple Software on a single Apple-labeled computer at a time. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time. If you use Setup Assistant to transfer software from one Apple-labeled computer to another Apple-labeled computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. You may make one copy of the Apple Software (excluding the Boot ROM code) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
B. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on a single Apple-labeled computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any maintenance, technical or other support for the resultant modified Apple Software.
C. Except as and only to the extent permitted in this License, by applicable licensing terms governing use of the Open-Sourced Components, or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
4. Consent to Use of Data. You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software.
6. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple’s option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. The Apple Software automatically references, displays, and links to sites and information located worldwide throughout the Internet. Because Apple has no control over such sites and information, Apple makes no guarantees as to such sites and information, including: (a) the accuracy, availability, currency, content, or quality of any such sites and information, or (b) whether an Apple search completed through the Apple Software may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the Apple Software may automatically and unintentionally generate links or references to objectionable material. By using the Apple Software, you acknowledge that Apple makes no representations or warranties with regard to the appropriateness of the content viewed through the Apple Software, whether on a pre-installed channel button or as a result of your search. Apple does not guarantee the sequence, accuracy, completeness or timeliness of the content displayed by or accessed through the Apple Software. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the Apple Software or for any inaccuracies, errors in or omissions from the content. Financial information displayed by the Apple Software is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Apple Software, you should consult with a financial professional. Neither Apple nor any of its Content providers guarantees the accuracy, completeness, or timeliness of stock information appearing within the Apple Software. The Apple Software may be used to conduct automated translations. As automated translations are performed by software tools and do not involve any human intervention or verification, it is not advisable to rely upon such translations where absolute accuracy is required.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Digital Certificates. General. The Apple Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use Digital Certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your Digital Certificates; and (d) you will revoke any certificate that you have reason to believe has been compromised. You agree to indemnify and hold Apple harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys' fees) arising out of or relating to your use of, or reliance on, any Digital Certificate.
Use of Digital Certificates in iChat. The Apple Software allows you to encrypt your iChat communications. This feature uses digital certificates to verify that the iChat is coming from the iChat screen name that appears in the iChat window and to encrypt and decrypt the chat. It does not verify the identity of the person using that screen name. Apple does not guarantee that there will be no hacking or intrusions into the chat. YOUR USE OF THIS FEATURE IN CONNECTION WITH ICHAT IS AT YOUR SOLE RISK. APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE USE OF DIGITAL CERTIFICATES AND/OR ENCRYPTION IN ICHAT. By using the Apple Software, you agree that (a) you will take no action that interferes with the normal operation of digital certificates or encryption used in an iChat session or otherwise falsify the digital certificate used to validate a screen name; (b) you will use the encrypted iChat function solely for legal purposes; (c) you are solely responsible for preventing any unauthorized user from having access to any certificate or private key stored on your computer; and (d) you will revoke any certificate that you have reason to believe is compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: http://www.apple.com/certificateauthority.
10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
11. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 48
C.F.R. ¤2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202–1 through 227.7202–4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
14. Third Party Acknowledgements.
A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Apple Software, and your use of such material is governed by their respective terms.
B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software.
C. The Apple Software includes certain software developed by IBM Corporation (“IBM”) and licensed by Apple under the IBM Public License Version 1.0. A copy of the source code for the IBM software may be found in Apple’s Open Source repository. See Apple's Open Source web site (http://www.opensource.apple.com/) for information on how to obtain the source code. THE IBM SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER APPLE, IBM NOR ANY OTHER CONTRIBUTOR TO THE IBM SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE IBM SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D. MPEG-2 Notice. To the extent that the Apple Software contains MPEG-2 functionality, the following provision applies: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C, 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.
E. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with
(i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.
This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use.
Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http: //www.mpegla.com. For answers to frequently asked questions regarding use fees under the MPEG LA Visual Patent Portfolio License see www.apple.com/mpeg4 or www.apple.com/quicktime/products/qt/faq.html.
F. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP:// WWW.MPEGLA.COM.
G. AMR Notice. The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network.
H. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues.
I. Use of Adobe Color Profiles. Adobe is under no obligation to provide any support for the Color Profiles pursuant to this Agreement, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 6 and 7 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at www.adobe.com.
EA0310
Compare that to what we are hearing about the yet-to-be-released Vista and the current MS license agreement –
Gregg Keizer over on TechWeb Technology News wrote: http://www.techweb.com/wire/software/193300234
[Update] Vista Licenses Limit OS Transfers
By Gregg Keizer, TechWeb Technology News
[Update, Fri. Oct 13, 11:00 am: The initial version of this story erroneously mischaracterized the way Microsoft's Vista license applies to user of the OS in a virtual machine, stating that there was a blanket ban in effect. This is incorrect; we regret the error. The updated version of this story removes all references to a VM ban, including a change in the headline, removal of a virtual machine reference in the lead paragraph, and the deletion of the fifth and sixth paragraphs of the original story.]
Microsoft has released licenses for the Windows Vista operating system that dramatically differ from those for Windows XP in that they limit the number of times that retail editions can be transferred to another device.
The new licenses, which were highlighted by the Vista team on its official blog Tuesday, add new restrictions to how and where Windows can be used.
"The first user of the software may reassign the license to another device one time. If you reassign the license, that other device becomes the "licensed device", reads the license for Windows Vista Home Basic, Home Premium, Ultimate, and Business. In other words, once a retail copy of Vista is installed on a PC, it can be moved to another system only once.
The new policy is narrower than Windows XP's. In the same section, the license for Windows XP Home states: "You may move the Software to a different Workstation Computer. After the transfer, you must completely remove the Software from the former Workstation Computer." There is no limit to the number of times users can make this move. Windows XP Professional's license is identical.
Although the Vista team's blog did not point out these changes, it did highlight others. "Two notable changes between Windows Vista license terms and those for Windows XP are: 1) failure of a validation check results in the loss of access to specific features; and 2) an increase in our warranty period from 90 days to 1 year, which brings Windows in line with most other Microsoft products", wrote Vista program manager Nick White.
Specifically, the Vista license calls out the ramifications of a failed validation check of Vista.
"The software will from time to time validate the software, update or require download of the validation feature of the software", it reads. "If after a validation check, the software is found not to be properly licensed, the functionality of the software may be affected."
Vista's new anti-piracy technologies, collectively dubbed "Software Protection Platform", have met with skepticism by analysts and criticism by users. Under the new program, a copy of Vista that's judged to be in violation of its license, or is counterfeit, is disabled after a set period, leaving the user access only to the default Web browser, and then only for an hour at a time.
Robert McLaws writes over on the WindowsNow Blog - http://www.windows-now.com/blogs/robert/archive/2006/10/11/Important-Windows-Vista-Licensing-Changes.aspx
Important Windows Vista Licensing Changes
Ed Bott tells us about changes to the Windows Vista EULA. But that's not the whole story. Starting on Page 11, here is a synopsis of what I believe are the most far-reaching changes, as I have interpreted them:
Home Basic
- Can't copy ISO to your hard drive
- Can't install to a network server
- You may share files, printers, etc with a maximum of 5 network devices
- You MAY NOT use Remote Desktop, only Remote Assistance
- You MAY NOT use in Virtual PC | Virtual Server |VMWare
Home Premium
- Still can't copy ISO to your hard drive
- Still can't install to a network server
- Sharing for 10 network devices
- Still no Remote Desktop
- Still no virtual hardware
- 5 simultaneous Media Center Extender sessions (up from 3 in MCE 2005)
Ultimate
- Can copy ISO to your hard drive
- Can install to a network server (I'm assuming for Terminal Server scenarios)
- Sharing for 10 network devices
- Can use Remote Desktop
- Can use in a virtualized environment, BUT
- Can't use DRM-protected content if Vista Ultimate is the "guest" OS
- Can't use BitLocker if Vista Ultimate is the "guest" OS
- 5 Media Center Extender sessions
I'm not sure how I feel about this yet. On one hand, I don't have a problem with it, cause I'll be using Ultimate anyways... but I have a feeling that other people probably will. Either way, I'm thinking maybe they should put this stuff at the top of the EULA, instead of burying it at the bottom. These are important things that people in a purchasing position need to know about.
Ed Bott wrote in his Ed Bott’s Microsoft Report over on ZDNet - http://blogs.zdnet.com/Bott/?p=156 and he does a tit-for-tat with Paul Thurrott about what was, what is and what will come from Microsoft regarding Vista at http://blogs.zdnet.com/Bott/?p=158
A sneaky change in Windows licensing terms
Update 16-Oct: For additional information about the new Windows Vista retail license, see "Get facts, not spin, about Vista's new license."
I've seen several sites point to Microsoft's new Software License Terms page, which contains PDF versions of the license agreements for many Microsoft products. Most sites that have commented on the new Windows Vista licenses have picked up on this blurb from the Windows Vista Team Blog:
Two notable changes between Windows Vista license terms and those for Windows XP are: 1) failure of a validation check results in the loss of access to specific features (this is the SPP news you’ve likely been reading about this past week); and 2) an increase in our warranty period from 90 days to 1 year, which brings Windows in line with most other Microsoft products.
I read through the license agreement for Windows Vista Home Basic, Home Premium, and Ultimate (PDF) and saw lots of new language. Much of it just formalizes what Microsoft has been doing under separate agreements for some time, such as the Validation requirements introduced with Windows Genuine Activation.
But I have yet to see anyone point out one significant change in retail licensing terms. Think you can transfer that retail license to any machine you want? Think again. In Section 2, "Installation and Use Rights", the text reads:
Before you use the software under a license, you must assign that license to one device (physical hardware system). That device is the "licensed device."
Sections 15 and 16, "Reassign to Another Device", and "Transfer to a Third Party", are new. You can go read the exact terms for yourself. The sort version is that you may "reassign the license to another device one time" or "make a one time transfer of the software, and this agreement, directly to a third party." [emphasis added]
That limitation on retail licenses is a remarkable change. Previously, a retail license could be removed from one computer and reinstalled on another with no limits. Now, you get to reinstall one time and one time only.
I looked at the license agreement for Windows XP Professional (PDF) for comparison's sake. The difference is … interesting. Section 1, "Grant of License", says, "You may install, use, access, display and run one copy of the Product on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). Section 4, "Transfer", describes what you can do with the underlying license:
Internal. You may move the Product to a different Workstation Computer. After the transfer, you must completely remove the Product from the former Workstation Computer. Transfer to Third Party. The initial user of the Product may make a one-time transfer of the Product to another end user.
With a retail version of Windows XP, there are no restrictions on the number of times you can transfer the software from one computer to another in your household or office. That's about to change for the worse in Vista, with only one lifetime transfer allowed. It makes the outrageous price difference between retail and OEM copies even more difficult to justify.
Will this affect a lot of people? Not really. Those most likely to be affected are hobbyists who constantly rebuild, replace, and upgrade systems. Presumably, the new two-machine limit will be enforced by Windows Product Activation.
I wonder why this change didn't make it into a press release?
The 14-page Vista Usage License from Microsoft can be found here:
The Architosh staff writers even feel the heat regarding the draconian measures that Microsoft is enforcing regarding virtualization and Vista on Macs as they quote Geoffrey Green over on MacIntouch about this issue - http://www.architosh.com/news/2006-10/2006a1016_mm-vistaoswars.html and http://www.macintouch.com/readerreports/virtualization/
And even Jeffrey Mincey over on Mac360 asks if Microsoft even wants Mac users to run Vista on their machines = http://www.mac360.com/index.php/mac360/comments/does_microsoft_want_macs_to_run_windows/
So stay tuned. This issue of licensing Operating Systems and the rights of those who use them, is not going to go away any time soon.
