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Uniblue Registry Booster - EULA allows house searching?

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Guest Gast

Hello,

today i downloaded CDBurnerXP. While installating the program asked wether I would like install Uniblue Reigstry Booster too. Fortunately I looked at the EULA before doing so. There I found this text:

...

8. Prüfung

Uniblue ist berechtigt, entweder in Ihren Räumlichkeiten (nach angemessener Ankündigungsfrist) oder mit elektronischen Mitteln (auch ohne Ankündigung) eine Prüfung durchzuführen, um sicherzustellen, dass die Nutzung aller bzw. einzelner Versionen der Uniblue-Software durch Sie mit den Bestimmungen dieses Vertrages übereinstimmen...

(Sorry, its the german version)

That means that I should authorize Uniblue to come to me at home to see wether I use their software in accordance with their rules if they give me a prior notice. And without such a notice they want to be allowed to check this by electronical means (online searching?).

I was quite shocked to read this!

Yours sincerley

Matthias

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Guest Gast

Hello Flo,

I found the english EULA at http://www.opencandy.com/uniblueregistr ... 0eula.html . The passage reads as follows:

...

8. Audit

Uniblue shall have the right to conduct an audit on your premises or by electronic means (with reasonable notice in the case of the former and no requirement for prior notice in the case of the latter) to ensure that your use of all/any versions of the Uniblue Software complies with the provisions of this Agreement. In the event that any audit discloses a breach of this Agreement, Uniblue reserves the right to terminate this Agreement and/or recover damages, attorney's fees and costs, including the cost of the audit.

,,,

I thin the English term "audit" sounds nicer than the German "Prüfung" and "premises" seems to have a commercial meaning, other than the neutral German "Räumlichkeiten". But what realy makes me anxious ist that they want the admission to do an "audit" by "electronical means" without prior notice. How could they do that without some kind of spyware option?

By the way: cdburnerxp is a great program I really appreciate. Its only Uniblue that makes me worried.

Yours sincerely

Matthias

Here the full EULA found at http://www.opencandy.com/uniblueregistr ... 0eula.html on October, the 17th, 2010:

End User License Agreement

This End-User License Agreement (the "License" or "Agreement") is between Uniblue Systems Ltd (C32567), a limited liability company registered in Malta and having its registered address at Orange Point, Dun Karm Street, B'Kara By-Pass, Birkirkara BKR9037, Malta, Europe (hereinafter "Uniblue") and the end user ("You").

1. Consent

By installing the Uniblue Software and by marking the "I accept the terms of the License Agreement" checkbox, you are deemed to and do consent to be bound by and become a party to this License and you represent that you have the authority to enter into this Agreement.

If you do not agree to be bound by all of the terms of this Agreement click the 'Cancel' button and do not install the Uniblue Software. If You purchased a license to the Uniblue Software on tangible or intangible media without the opportunity to review this License and You do not accept this Agreement, You may obtain a refund of the amount You originally paid if You (i) do not use the Uniblue Software and (ii) return it to the vendor from which it was acquired, or to Uniblue, together with proof of payment within thirty (30) days from the date of purchase. Uniblue has no obligation to make or cause a refund if the vendor is not authorized by Uniblue to sell or resell this License or to distribute the Uniblue Software. For the purposes of this Agreement, "Uniblue Software" shall mean the software displaying this License, any Upgrade thereof granted during the Term, Documentation and any Copies you are permitted to make under this Agreement, excluding Third Party Software.

Uniblue recommends that You keep a copy of this License Agreement for your records.

2. Grant of the License

Subject to the terms and conditions of this License, and subject to payment of applicable fees ("License Fee"), Uniblue grants You a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to install during the Term and solely for your own private use, three (3) Copies of the Uniblue Software and related written materials in either printed text or machine readable version (the "Documentation"). Any use of more copies of the Uniblue Software than are licensed is prohibited. The license for the Uniblue Software may not be shared by alternating use of the Uniblue Software between different computers. Following expiry of the Term, You may keep one copy of the Uniblue Software under the terms of the last License that you accepted. These limitations apply even if you receive the Uniblue Software on multiple media (e.g. electronic download and CD). For the purposes of this Agreement, "Copy" shall include the original installation of the Uniblue Software. You shall not allow and shall prevent others from making or obtaining copies of the Uniblue Software.

3. License Restrictions

Unless specifically permitted in terms of this Agreement, You may not (i) copy, reproduce, change, modify, create a derivative work thereof, reverse compile or reverse engineer, disassemble, decompile or otherwise attempt to extract the source code or internal data of the Uniblue Software or any part thereof; (ii) remove or in any way obscure any ownership or trademark notices on the Uniblue Software; (iii) sublicense, sell, rent, lease, transfer, assign, display, host, outsource, disclose, distribute or otherwise commercially exploit the Uniblue Software; (iv) circumvent any serial number or any other mechanism used or deployed by Uniblue to protect the Uniblue Software against unlicensed use, copying or distribution; (v) post or otherwise make available, the Uniblue Software or any portion thereof, including the serial number, on the Internet or other publicly available forum; (vi) export or re-export the Uniblue Software or any underlying information or technology in violation of the export laws of the United States, the European Community or any other applicable laws or regulations; or (vii) make any use of such Uniblue Software in any way that violates any applicable law.

4. Licensed Copies and Networks

Any simultaneous storage, maintenance, or use of the Uniblue Software is prohibited. You agree either to implement access security mechanisms to prevent simultaneous use or to pay an additional fee according to the number of users with access to a network enabling use of the Uniblue Software by multiple computers simultaneously.

5. Upgrades and Content Updates

Uniblue may provide You with Upgrades and/or Content Updates from time to time at no charge during the Term of this Agreement. For the purposes hereof, "Upgrade" means a new version of the Uniblue Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Uniblue to improve or to add to, delete or otherwise modify any aspect of the Uniblue Software; and "Content Update" means an update of the content used by the Uniblue Software that might need to be updated from time to time. Upgrades and/or Content Updates may be provided by Uniblue via on-line services. This License does not otherwise permit You to obtain and use Upgrades and/or Content Updates.

Note: The Uniblue Software may require Content Updates in order to work effectively.

6. Evaluation Copy

You may be granted an evaluation copy of the Uniblue Software free of charge (the "Evaluation Copy"). Certain features and/or functionality of the Uniblue Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Uniblue Software, You must pay the License Fee and input a valid serial number. Upon such actions being taken, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety. Clauses 3, 9, 10, 11, 12, 13, 14, 15, 19 and 20 shall apply equally to an Evaluation Copy.

7. Activation and other Technological Measures

When You purchase a license You will be provided with a serial number. You must activate the Uniblue Software by entering the serial number as prompted by such Software. There may be other technological measures, including enforcement technology, in the Uniblue Software that are designed to prevent unlicensed or illegal use. You agree that Uniblue may use these measures in its reasonable discretion.

8. Audit

Uniblue shall have the right to conduct an audit on your premises or by electronic means (with reasonable notice in the case of the former and no requirement for prior notice in the case of the latter) to ensure that your use of all/any versions of the Uniblue Software complies with the provisions of this Agreement. In the event that any audit discloses a breach of this Agreement, Uniblue reserves the right to terminate this Agreement and/or recover damages, attorney's fees and costs, including the cost of the audit.

9. Intellectual Property Protection

The Uniblue Software is protected by copyright, as well as other intellectual property laws both nationally and under international treaty provisions. Notwithstanding anything else, the Uniblue Software is licensed and not sold. This License Agreement does not give You any intellectual property rights in the Uniblue Software or any Third Party Software, and does not grant You any license, right or interest in any trade mark, trade name or service mark of Uniblue or any other third party. Uniblue owns and retains all right, title and interest in and to the Uniblue Software, all Copies or portions of the Uniblue Software, and any derivative works thereof.

10. Limited Warranty

The Uniblue Software is provided to You under this License on an "as is" basis, without warranty or representation of any kind. The Uniblue Software is provided as general purpose software and not for your particular use. You accept that Uniblue and its suppliers do not represent or warrant that the Uniblue Software will meet your requirements or be error or defect free or that any defects in the operation or functionality of the Uniblue Software will be corrected. Uniblue further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Any implied warranties that cannot be excluded are limited to thirty (30) days or to the shortest period permitted by applicable law, whichever is the greater. Your use of the Uniblue Software is at your sole risk and You are responsible for any decisions made and actions taken based on the Uniblue Software, irrespective of any recommendations proferred by such Software. Uniblue makes no representation regarding Third Party Software which may be accessed through or included with the Uniblue Software.

11. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL UNIBLUE OR ITS SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, COMPUTER FAILURE OR MALFUNCTION AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY RELATED TO, THE USE OR THE INABILITY TO USE THE UNIBLUE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE IN CONNECTION WITH ANY ASPECT OF THIS SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF UNIBLUE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE TOTAL LIABILITY OF UNIBLUE OR ITS SUPPLIERS WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE UNIBLUE SOFTWARE ("LICENSE FEE"). YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.

Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations might not apply to You.

12. Indemnity

You will indemnify and hold Uniblue harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to your use of the Uniblue Software. Your obligations under this section shall survive the expiration or termination of this Agreement.

13. Privacy

You agree that Uniblue may collect and use information transmitted through the Uniblue Software to improve its products and services. Uniblue will NOT collect any personally identifiable information from your computer. Any personal information pertaining to You, which may be held by Uniblue (e.g. futher to support services provided to You) shall be processed in accordance with the Uniblue Privacy Policy, as it exists at any relevant time. You may access our Privacy Policy at any time at <http://www.liutilities.com/about/privacy/>.

14. Third Party Software

Other third party software may be distributed together with the Uniblue Software (the "Third Party Software"). Any and all such Third Party Software may require notices and/or be subject to different license terms. Such required Third Party Software notices and license terms, if any, may be accessed at <http://www.liutilities.com/products/registrybooster/terms/>, or through the Third Party Software. By accepting this License Agreement, You are also accepting the license terms, if any, under which the Third Party Software is made available. You will not enter into a contractual relationship with Uniblue regarding such Third Party Software and Uniblue accepts no responsibility for Your use of same.

15. Term and Termination

The Term of this License is for a period of one year from the date of purchase except with regards to an Evaluation Copy for which the default term shall be for so long as Uniblue makes such Evaluation Copy available to You. At the end of the Term, You agree to de-install and destroy or permanently erase all but one copy of the Uniblue Software within fifteen (15) days of termination or expiration. Following expiry of the Term, some features and functionality of the Uniblue Software may cease to function or the Uniblue Software may cease to function altogether.

Notwithstanding the above, the License shall automatically terminate if You fail to comply with any of its terms, both during and following the Term of the License, without prejudice to the rights of Uniblue to compensation for damages in terms of the applicable law. Immediately upon such termination, any license granted hereunder shall terminate and You shall immediately return to Uniblue or destroy all Copies of the Uniblue Software in Your possession.

The terms of this Agreement which are intended to survive expiration or termination shall remain in effect.

16. Support

Uniblue may provide You with support services related to the Uniblue Software. Any obligation Uniblue may have to support the previous version of the Uniblue Software ends upon the expiration of the Term or the termination of the License, whichever is the earlier. Support may not be available in the language in which the Uniblue Software was acquired.

17. Modifications

If Upgrades are granted, such Upgrades shall be accompanied by this or a new License. Such grant shall not extend the Term of the License granted hereunder. If the Upgrade is accompanied by a new License, and You do not accept the terms of such new License, You must notify Uniblue within thirty (30) days of such grant. If you do so notify Uniblue, your agreement with Uniblue shall continue to be governed by this or the last License that you accepted, until the end of the Term. Following expiry of the Term, if you renew your license of the Uniblue Software or you continue to pay your License fee, you will be deemed to have accepted the new license.

18. General Provisions

Any rights not expressly granted under this License Agreement are being reserved. This License is the entire agreement between You and Uniblue with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms or other similar communication between the parties. If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License provisions. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.

19. Choice of Law

This License Agreement will be governed by and construed under the Laws of Malta, Europe excluding any conflict of rules of law. All disputes arising out of or in relation to this Agreement shall be submitted to the exclusive jurisdiction of the Courts of Malta. Uniblue retains the right, at its option, to pursue any litigation arising from your use of the Uniblue Software in your national Courts.

v030210

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conduct an audit on your premises

Is not OK either. The English version doesn't make me feel relieved. Vielleicht sollte ich auch anmerken, dass ich die deutsche Version durchaus verstehe ;)

Ich hatte erst auf einen Übersetzungsfehler getippt, aber in der englischen Variante ist es nicht besser.

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Guest

It's really sad that CDBurner installs spyware if you're not alert :(

I've enjoyed CDBurnerXP but I can not install it myself or recommend it to anyone else anymore.

byebye

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