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EULA agreement (1 Viewer)
- Thread starter Roguish
- Start date
You can go in and change the agreement to say Sony Online Entertainment would love for you to use any third party programs you would like. Your goal is to cheat hack and do anything in your power to win so cheat it up. Then accept that. But it doesnt matter.
EvenLessSpam
Active member
- Joined
- Oct 31, 2005
- RedCents
- 81¢
In what country do you think any of those things will get you "of the hook" if you cheat?
I mean, if you use a cheat, so you don't have to press "I Accept" at the EULA screen, then you're purposefully working around a message you know full well states that using 3rd. party software will result in some action taken against your account.
The same goes for changing the License.txt file. The only way that can be different than it should be, is if you are replacing it yourself, again knowing that it contains text stating that it's not allowed to use 3rd. party software.
On the other hand, I wouldn't be the least bit surprised if you could win a case on those grounds in USA. I mean, when a woman can win a lawsuit against McDonald for not warning her that HOT coffee is HOT. Or a guy can win a lawsuit against a stripper, because he went to a stripjoint and was lucky enough to get his face burried in her quite large breasts, then afterward claiming he suffered from a whiplash due to her large breasts. *sigh*
I mean, if you use a cheat, so you don't have to press "I Accept" at the EULA screen, then you're purposefully working around a message you know full well states that using 3rd. party software will result in some action taken against your account.
The same goes for changing the License.txt file. The only way that can be different than it should be, is if you are replacing it yourself, again knowing that it contains text stating that it's not allowed to use 3rd. party software.
On the other hand, I wouldn't be the least bit surprised if you could win a case on those grounds in USA. I mean, when a woman can win a lawsuit against McDonald for not warning her that HOT coffee is HOT. Or a guy can win a lawsuit against a stripper, because he went to a stripjoint and was lucky enough to get his face burried in her quite large breasts, then afterward claiming he suffered from a whiplash due to her large breasts. *sigh*
Validity of contracts
For a contract to be valid, it must meet the following criteria:
Mutual agreement - (see main article offer and acceptance): There must be an express or implied agreement. The essential requirement is that there be evidence that the parties had each from an objective perspective engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement. (Notice that the objective manifestation requirement means that one need not actually have assented so long as a reasonable person would believe that assent had been granted.) For a contract based on offer and acceptance to be enforced, the terms must be capable of determination in a way that it is clear that the parties' assent was given to the same terms. The terms, like the manifestation of assent itself, are determined objectively.
Consideration: There must be consideration (see also consideration under English law) given by all the parties, meaning that every party is conferring a benefit on the other party or himself sustaining a recognizable detriment, such as a reduction of the party's alternative courses of action where the party would otherwise be free to act with respect to the subject matter without any limitation. Consideration need not be adequate, e.g. agreeing to buy a car for a penny may constitute a binding contract. (q.v. Chappell & Co Ltd v Nestle Co Ltd [1959] 2 All ER 701. (UK common law))
Competent, Adult (Sui Juris) Parties: Both parties must have the capacity to understand the terms of the contract they are entering into, and the consequences of the promises they make. For example, animals, minor children, and mentally disabled individuals do not have the capacity to form a contract, and any contracts with them will be considered void or voidable. Although corporations are technically legal fictions, they are considered persons under the law, and thus fit to engage in contracts.
For adults, most jurisdictions have statutes declaring that the capacity of parties to a contract is presumed, so that one resisting enforcement of a contract on grounds that a party lacked the capacity to be bound bears the burden of persuasion on the issue of capacity.
Proper Subject Matter: The contract must have a lawful purpose. A contract to commit murder in exchange for money will not be enforced by the courts. It is void ab initio, meaning "from the beginning."
Mutual Right to Remedy: Both parties must have an equal right to remedy upon breach of the terms by the other party
Mutual Obligation to Perform: Both parties must have some obligation to fulfill to the other. This can be distinct from consideration, which may be an initial inducement into the contract.
Intention to create legal relationship: There is a strict presumption for commercial agreements to be legally bound. Domestic and social agreements are usually unenforceable.
For a contract to be valid, it must meet the following criteria:
Mutual agreement - (see main article offer and acceptance): There must be an express or implied agreement. The essential requirement is that there be evidence that the parties had each from an objective perspective engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement. (Notice that the objective manifestation requirement means that one need not actually have assented so long as a reasonable person would believe that assent had been granted.) For a contract based on offer and acceptance to be enforced, the terms must be capable of determination in a way that it is clear that the parties' assent was given to the same terms. The terms, like the manifestation of assent itself, are determined objectively.
Consideration: There must be consideration (see also consideration under English law) given by all the parties, meaning that every party is conferring a benefit on the other party or himself sustaining a recognizable detriment, such as a reduction of the party's alternative courses of action where the party would otherwise be free to act with respect to the subject matter without any limitation. Consideration need not be adequate, e.g. agreeing to buy a car for a penny may constitute a binding contract. (q.v. Chappell & Co Ltd v Nestle Co Ltd [1959] 2 All ER 701. (UK common law))
Competent, Adult (Sui Juris) Parties: Both parties must have the capacity to understand the terms of the contract they are entering into, and the consequences of the promises they make. For example, animals, minor children, and mentally disabled individuals do not have the capacity to form a contract, and any contracts with them will be considered void or voidable. Although corporations are technically legal fictions, they are considered persons under the law, and thus fit to engage in contracts.
For adults, most jurisdictions have statutes declaring that the capacity of parties to a contract is presumed, so that one resisting enforcement of a contract on grounds that a party lacked the capacity to be bound bears the burden of persuasion on the issue of capacity.
Proper Subject Matter: The contract must have a lawful purpose. A contract to commit murder in exchange for money will not be enforced by the courts. It is void ab initio, meaning "from the beginning."
Mutual Right to Remedy: Both parties must have an equal right to remedy upon breach of the terms by the other party
Mutual Obligation to Perform: Both parties must have some obligation to fulfill to the other. This can be distinct from consideration, which may be an initial inducement into the contract.
Intention to create legal relationship: There is a strict presumption for commercial agreements to be legally bound. Domestic and social agreements are usually unenforceable.
Exactly, if I do NOT agree with the EULA then the EULA become a EULDA (disagreement). At this time sony is forcing me to accept the aggreement in order to play a video game which i purchased with legal tender. Even if i click accept i don't have to actually abide by it mainly due to it being a forced contract. There is nothing illegal with hacking your own RAM, i reserve the right to hack my RAM and say "NO, I do not agree with the EULA but YES, I will still use the server i pay for in order to use the software I paid for."
TSPlayer62
Member
- Joined
- Feb 28, 2006
- RedCents
- 0¢
Roguish said:
There server=there rules, if you dont like it then make your own.
less than that, but I thought it would be interesting to hear other viewsTurkReno said:
Also via a thread on the mq2 boards there is a point that I'd like to point out again. Sony's EULA says "3rd party programs" as such, become a developer of MQ2 and MQ2 is now a 2nd party program as you are the 2nd party and the one making it. So their clause of 3rd party programs would have no standing in court.
tradertesla
Member
- Joined
- Dec 21, 2005
- RedCents
- 80¢
Of course, the cost of going to court would pay for how many accounts for the next 5 years?
Also, I noticed the last server patch only had 1 client file to download... a new EULA. They also updated it about 6 months ago. The previous file date was something in the 1990's
Also, I noticed the last server patch only had 1 client file to download... a new EULA. They also updated it about 6 months ago. The previous file date was something in the 1990's