Re: EULA how enforcible in NZ OT?

Discussion in 'NZ Computing' started by Stephen Worthington, Oct 4, 2011.

  1. On Tue, 04 Oct 2011 15:49:38 +1300, Robert Cooze
    <c_o-o_z-e_r-b_@-c-o-o-z-eD_O_Tc_oD_O_Tnz> wrote:

    >Kind of off topic and kind of on topic
    >
    >The EULA from sony on there playstation 3 and BlueRay players. In the
    >later case of the player, It had a EULA with a agree decline button. but
    >trying to read the EULA written in total legalease it is very hard to
    >work out if I want to decline or accept and what my actual risks are.
    >
    >There where some funny bits about not suitable for fail-safe uses as in
    >weapons control and life support and saying death may result.
    >
    >Any way have written to sony and there has been no response, I might
    >talk to the retailer about my problem.
    >
    >It would not have been to bad If I could get a copy of the net or print
    >a hard copy. but thems the breaks. there was a total refund clause if I
    >rejected the EULA if I red it right but cant find it now....


    I am not a lawyer, but I thought NZ law was pretty straightforward
    about EULAs - if they did not form part of the contract to buy, they
    are void. So unless you were given a copy before you paid your money,
    they can not be enforced here. Any attempt to change the terms of the
    contract you agreed to at the time of the sale simply does not work.
    Once you have paid, they have agreed to the terms of the sale to you
    and they can not alter those terms later in an EULA you did not know
    about. So unless the sales person told you there was an EULA to agree
    to, or it was in the advertising or on the outside of the demo unit
    that there was an EULA, then you never agreed to it as part of the
    sales contract.

    And the FTA I think has something in it about fine print not being
    able to override the main sales pitch, which might also apply.
    Stephen Worthington, Oct 4, 2011
    #1
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