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Know Your Rights and Restrictions. Read the EULA.

From Sue Chastain,
Your Guide to Graphics Software.
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The Often Overlooked End User License Agreement

EULA stands for End-User License Agreement. This is a legal document that governs the use of all software applications. Many people don't realize that when software is purchased, you do not "own" the software itself; you've actually purchased a license to use that software. The software publisher retains all rights, including copyrights, to the software and accompanying media. The EULA document outlines the terms of the software license, spelling out all rights and restrictions relating to the ownership, use, distribution, and warranty of the software product.

Few users read the User Agreement, despite the fact that it answers many common questions regarding software usage, such as:

 • Can I legally sell an unwanted software program to another person?
 • Can I use the graphics, fonts, and other stock files included with a software program in my commercial designs?
 • Can I purchase software under an educational license and later use it in a business or for commercial use?
 • Can I install a program on more than one computer?
 • Can I sell my older version after purchasing a newer version of the software?
 • Can I distribute works created with the software without paying additional license fees?

The answer to every one of these questions is generally found in the End-User License Agreement. Although it is usually fairly straightforward, it is a legal document, and therefore some of the language may be unclear to a lay person. If you don't understand the EULA, it is best to consult the customer service department of the software publisher or an attorney for clarification.

For most software, the EULA goes into effect the moment the software is installed, copied, or distributed. Unfortunately, much of today's software is packaged in such a way that the End User License Agreement is not available for review until the package is opened. Quite often it is not made available until the software installation is initiated. This poses a problem since the majority of stores do not accept returns on opened software packages. Interestingly, one woman has decided to sue software publishers and retailers over this unsettling aspect of software licensing.

If you are concerned about licensing issues, I suggest you search the Web or contact the software publisher's customer service department to ask for a copy of the EULA before making a purchase. Some software publishers make the EULA available on their Web site. One handy way to find if a software program's EULA is on the Web is to go to the Google search engine and type "EULA site:softwaremaker.com" in the search box. (Note: Do not use the double quote, and replace "softwaremaker" with the name of the software publisher. For example, "EULA site:macromedia.com".)

It's probably the last thing on your mind when you're itching to dive into your new software purchase, but if you want to know what you're really getting, you need to read the EULA.

Poll: Do you read the EULA?
- Usually, I'm geeky that way.
- Never. Who can decipher that legal mumbo-jumbo, anyway?
- Rarely, but I will if the circumstances warrant it.

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