Corfy's Corner My little corner of the web.

(Originally published by me on EastOfIndy.com)

Almost every program that is installed on a computer has a “EULA”, or “End User's Licensing Agreement”, that the user has to agree to.

While it is common to simply click on the “OK” button and go on, it is important that you realize what you are doing.

“By installing or otherwise using this software, you agree to be bound by the terms of this EULA. If you do not agree to the terms, do not install, copy or use the software.”

First off, the EULA is a binding legal contract, and by agreeing to it, you agree to abide by all of it's terms, and you agree to let the software do what it says it is going to do.

I realize that reading the EULA is about as much fun as getting your teeth pulled, but it is really
important to know what you are agreeing to.

Here are a few things you might want to watch out for. Keep in mind, the wording may be different, but that doesn't mean that the intent is there.

“By accepting this agreement, you agree that the software may provide occasional advertisements.”

I hope you like pop up ads, because that is probably what this is referring to. If you wonder where all of your pop ups have come from, it is possible they came from a program you downloaded and installed. And you may see the popups as an annoyance, but you did agree to let them display on your computer.

“By using this software you agree to the installation of third-party software onto your computer without prior notice.”

I see this a lot. Someone downloads a neat program off the web, perhaps a screensaver program or a program with cool computer icons, and then wonders where all of the web browser tool bars came from, or why all of these programs are suddenly starting up on their computer. While the software itself may be clean, if it allows third party applications to be downloaded and installed, you have no idea what you might be getting into.

“User agrees to let the software company provide your contact information to partner companies offering services the user might be interested in.”

Basically, this says that you are agreeing to let them sell your information, most likely your email address, to companies so they can send you email about their products. In other words, you agree to receive spam. Of course, technically, since you agree to it, then it isn't “unwanted”, and there for, it isn't really spam.

“Software may collect information about your computer.”

I'm not exactly a strong privacy advocate, but this one scares me. If someone is going to collect information about me, I prefer to know what information is being collected and/or what it is used for. Unfortunately, I see this all the time in EULA agreements, even from legitimate companies, and it is almost impossible to avoid. This could be getting you to allow them to access all of your passwords and credit card numbers and any other information they may want from your computer. Or it could be a simple plan from the software company to collect stats on how their software is being used in hopes of making future releases of thier software better.

Unfortunately, letting the software collect information is almost everywhere, and you have to ask yourself how much you trust the company that made the software. For example, this is taken directly from section 6 of the Microsoft Windows XP Home EULA:

You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information soley to improve our products or to provide customzied services or technologies to you and will not disclose this information in a form that personally identifies you.

If you are using Windows XP Home, you are agreeing to let Microsoft and its affiliates collect information. Exactly what information are they collecting and who are their affiliates? I don't know, but you can probably trust Microsoft. Right?

To be fair, almost every company has something along those lines in their EULA. The question you need to ask yourself is how well you trust the company in question. Microsoft, Apple, Google, Adobe, and other big name companies can probably be trusted. Companies like Bob's Software you might want to be a bit more careful about. Although not all EULAs spell out that they are not going to collect information that personally identifies you. Presumably, passwords and credit cards would identify you, so that is information that they agree not to collect... if they say the aren't going to collect it.

Here is a real-world example of something that most people probably won't agree to if they had bothered to read the EULA:

GAIN Publishing offers some of the most popular software available on the Internet free of charge ("GAIN-Supported Software") in exchange for your agreement to also install GAIN AdServer software ("GAIN"), which will display Pop-Up, Pop-Under, and other types of ads on your computer based on the information we collect as stated in this Privacy Statement. We refer to consumers who have GAIN on their system as 'Subscribers.

Yeah, I don't think I will be installing that one, thanks.

There are other things to watch out for, of course. It would be nearly impossible to list them all here. And some may be of more concern to some than others. But these are a good starting point. The important thing is you might want to be more aware of what you are installing on your computer, and what you are usually “blindly” agreeing to when you install new software..

Unfortunately, there is no “line item veto” on the EULAs, you have to take the whole thing, or don't take it at all. But the terms are binding, and if you aren't careful, could potentially be harmful.