It has been suggested that Shrink wrap contract, Clickwrap and Browse wrap be merged into this article or section. (Discuss) Proposed since August 2011.

The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (November 2010)

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In the proprietary software industry, an end-user license agreement or software license agreement is the contract between the licensor and purchaser, establishing the purchaser's right to use the software. The license may define ways under which the copy can be used, in addition to the automatic rights of the buyer including the first sale doctrine and 17 U.S.C. § 117 (freedom to use, archive, re-sale, and backup).

Many form contracts are only contained in digital form, and only presented to a user as a click-through where the user must "accept". As the user may not see the agreement until after he or she has already purchased the software, these documents may be contracts of adhesion.

Software companies often make special agreements with large businesses and government entities that include support contracts and specially drafted warranties.

End-user license agreement[link]

Some EULA form contracts accompany shrink-wrapped software that is presented to a user sometimes on paper or more usually electronically, during the installation procedure. The user has the choice of accepting or rejecting the agreement. The installation of the software is conditional to the user clicking a button labelled "accept". See below.

Many EULAs assert extensive liability limitations. Most commonly, a EULA will attempt to hold harmless the software licensor in the event that the software causes damage to the user's computer or data, but some software also proposes limitations on whether the licensor can be held liable for damage that arises through improper use of the software (for example, incorrectly using tax preparation software and incurring penalties as a result). One case upholding such limitations on consequential damages is M.A. Mortenson Co. v. Timberline Software Corp., et al. Some EULAs also claim restrictions on venue and applicable law in the event that a legal dispute arises.

Some copyright owners use EULAs in an effort to circumvent limitations the applicable copyright law places on their copyrights (such as the limitations in sections 107-122 of the United States Copyright Act), or to expand the scope of control over the work into areas for which copyright protection is denied by law (such as attempting to charge for, regulate or prevent private performances of a work beyond a certain number of performances or beyond a certain period of time). Such EULAs are, in essence, efforts to gain control, by contract, over matters upon which copyright law precludes control.^{[citation needed]}

In disputes of this nature, cases are often appealed and different circuit courts of appeal sometimes disagree about these clauses. This provides an opportunity for the U.S. Supreme Court to intervene, which it has usually done in a scope-limited and cautious manner, providing little in the way of precedent or settled law.^{[citation needed]}

Comparison with free software licenses[link]

A free software license grants users of that software the rights to modify and redistribute the creative works and software, both of which are forbidden by the defaults of copyright, and generally not granted with proprietary software. These licenses typically include a disclaimer of warranty. Copyleft also include a key addition provision, that must be accepted in order to copy or modify the software, that requires that user to provide source code for the work, and to distribute his or her modifications under the same license.

[edit] Shrink-wrap and click-wrap licenses

The term shrink-wrap license refers colloquially to any software license agreement which is enclosed within a software package and is inaccessible to the customer until after purchase. Typically, the license agreement is printed on paper included inside the boxed software. It may also be presented to the user on-screen during installation, in which case the license is sometimes referred to as a click-wrap license. The inability of the customer to review the license agreement before purchasing the software has caused such licenses to run afoul of legal challenges in some cases.

Whether shrink-wrap licenses are legally binding differs between jurisdictions, though a majority of jurisdictions hold such licenses to be enforceable. At particular issue is the difference in opinion between the courts in Klocek v. Gateway and Brower v. Gateway. Both cases involved a shrink-wrapped license document provided by the online vendor of a computer system. The terms of the shrink-wrapped license were not provided at the time of purchase, but were rather included with the shipped product as a printed document. The license required the customer to return the product within a limited time frame if the license was not agreed to. In Brower, New York's state appeals court ruled that the terms of the shrink-wrapped license document were enforceable because the customer's assent was evident by its failure to return the merchandise within the 30 days specified by the document. The U.S. District Court of Kansas in Klocek ruled that the contract of sale was complete at the time of the transaction, and the additional shipped terms contained in a document similar to that in Brower did not constitute a contract, because the customer never agreed to them when the contract of sale was completed.

Further, in ProCD v. Zeidenberg, the license was ruled enforceable because it was necessary for the customer to assent to the terms of the agreement by clicking on an "I Agree" button in order to install the software. In Specht v. Netscape Communications Corp., however, the licensee was able to download and install the software without first being required to review and positively assent to the terms of the agreement, and so the license was held to be unenforceable.

Click-wrap license agreements refer to website based contract formation (see iLan Systems, Inc. v. Netscout Service Level Corp.). A common example of this occurs where a user must affirmatively assent to license terms of a website, by clicking "yes" on a pop-up, in order to access website features. This is therefore analogous to shrink-wrap licenses, where a buyer implied agrees to license terms by first removing the software package's shrink-wrap and then utilizing the software itself. In both types of analysis, focus is on the actions of end user and asks whether there is an explicit or implicit acceptance of the additional licensing terms.

Product liability[link]

Most licenses for software sold at retail disclaim (as far as local laws permit) any warranty on the performance of the software and limit liability for any damages to the purchase price of the software. One well-known case which upheld such a disclaimer is Mortenson v. Timberline.

Patent[link]

In addition to the implied exhaustion doctrine, the distributor may include patent licenses along with software.

Reverse engineering[link]

Forms often prohibit users from reverse engineering. This may also serve to make it difficult to develop third-party software which interoperates with the licensed software, thus increasing the value of the publisher's solutions through decreased customer choice. In the United States, EULA provisions can preempt the reverse engineering rights implied by fair use, c.f. Bowers v. Baystate Technologies.

Some licenses^[1] purport to prohibit a user's right to release data on the performance of the software.

Enforceability of EULAs in the United States[link]

The enforceability of an EULA depends on several factors, one of them being the court in which the case is heard. Some courts that have addressed the validity of the shrinkwrap license agreements have found some EULAs to be invalid, characterizing them as contracts of adhesion, unconscionable, and/or unacceptable pursuant to the U.C.C. —see, for instance, Step-Saver Data Systems, Inc. v. Wyse Technology,^[2] Vault Corp. v. Quaid Software Ltd..^[3] Other courts have determined that the shrinkwrap license agreement is valid and enforceable: see ProCD, Inc. v. Zeidenberg,^[4] Microsoft v. Harmony Computers,^[5] Novell v. Network Trade Center,^[6] and Ariz. Cartridge Remanufacturers Ass'n v. Lexmark Int'l, Inc.^[7] may have some bearing as well. No court has ruled on the validity of EULAs generally; decisions are limited to particular provisions and terms.

The 7th Circuit and 8th Circuit subscribe to the "licensed and not sold" argument, while most other circuits do not^{[citation needed]}. In addition, the contracts' enforceability depends on whether the state has passed the Uniform Computer Information Transactions Act (UCITA) or Anti-UCITA (UCITA Bomb Shelter) laws. In Anti-UCITA states, the Uniform Commercial Code (UCC) has been amended to either specifically define software as a good (thus making it fall under the UCC), or to disallow contracts which specify that the terms of contract are subject to the laws of a state that has passed UCITA.

Recently, publishers have begun to encrypt their software packages to make it impossible for a user to install the software without either agreeing to the license agreement or violating the Digital Millennium Copyright Act (DMCA) and foreign counterparts.

The DMCA specifically provides for reverse engineering of software for interoperability purposes, so there was some controversy as to whether software license agreement clauses which restrict this are enforceable. The 8th Circuit case of Davidson & Associates v. Jung^[8] determined that such clauses are enforceable, following the Federal Circuit decision of Baystate v. Bowers.^[9]

See also[link]

• Abandonware
• Clickwrap license
• Free software license
• Glossary of legal terms in technology
• License manager
• License-free software
• List of software licenses
• Product activation
• Shrink wrap contract
• Software Asset Management
• Software license
• Terms of Use
• Breach of Contract
• Vernor v. Autodesk, Inc.

References[link]

External links[link]

• Accessible editorial on enforcability of various EULA-type licenses in the United States from 2002.

Eula Beal (January 25, 1919 – July 29, 2008) was an American contralto. During her relatively short touring career, she performed with distinguished collaborators not only in concert on the US West Coast but also in Concert Magic, a 1947 film billed as "the first motion picture concert." ^[1]

Beal was born in Riverside, California. Touring the United States as a concert contralto in the 1940s, she appeared with orchestras including the Phoenix Symphony^[2] and the Los Angeles Philharmonic. With the latter ensemble, she performed in two works by Gustav Mahler: his Eighth Symphony, under Eugene Ormandy at the Hollywood Bowl,^[3] and Kindertotenlieder.^[4] Beal's operatic appearances included impersonations of Erda in Wagner's Siegfried and the innkeeper in Boris Godunov with the San Francisco Opera during the 1948 season. She also sang at Radio City Music Hall and the Tanglewood Festival with the Boston Pops.^[5]

Beal's present fame rests on her participation in Concert Magic, an unscripted film presenting, as the title would suggest, a classical concert. Beal was the sole vocalist; instrumentalists included pianists Adolph Baller, Jakob Gimpel, and Marguerite Campbell; violinist Yehudi Menuhin; and an orchestra billed as "Symphony Orchestra of Hollywood" under the baton of Antal Dorati. Interspersed with purely instrumental selections, Beal performed the Bach-Gounod "Ave Maria"; Franz Schubert's "Erlkönig" and "Ave Maria"; Tchaikovsky's "None but the lonely heart"; and "Lord, Have Mercy on Me" from the St. Matthew Passion of Johann Sebastian Bach.^[1]

Beal married well known-aerial photographer William Garnett in 1941 and remained his wife until his death in 2006, bearing him three sons. After but a decade on the concert circuit, she opted to abandon her full-time performing career to devoting her time to her family. Nonetheless, she remained sporadically active in northern California, where she and Garnett made their home; besides providing music at local funerals and churches, she performed with the San Francisco Symphony, the Santa Rosa Symphony, the Napa Symphony, and a local Napa, California choral group. She died in Napa in 2008.^[5]

References[link]

External links[link]

• Eula Beal on imdb
• Eula Beal sings None but the lonely heart by Tchaikovsky on YouTube
• Eula Beal sings Bach aria with Yehudi Menuhin on YouTube
• Eula Beal sings Ave Maria on YouTube
• Soundtracks for Concert Magic (1948)

This article about a United States singer is a stub. You can help Wikipedia by expanding it. v t e

Phil Younghusband

Younghusband playing for the Loyola Meralco Sparks
Personal information
Full name	Philip James Placer Younghusband
Date of birth	(1987-08-04) 4 August 1987 (age 24)
Place of birth	Ashford, Surrey, England
Height	1.80 m (5 ft 11 in)
Playing position	Forward
Club information
Current club	Loyola Meralco Sparks
Number	10
Youth career
1997–2005	Chelsea
Senior career*
Years	Team	Apps†	(Gls)†
2005–2008	Chelsea	0	(0)
2007	→ Esbjerg (loan)	0	(0)
2011	San Beda FC	0	(0)
2011–	Loyola Meralco Sparks	13	(18)
National team‡
2007	Philippines U-21	3	(2)
2005	Philippines U-23	3	(2)
2006–	Philippines	34	(24)
* Senior club appearances and goals counted for the domestic league only and correct as of 11:35, 5 May 2012 (UTC). † Appearances (Goals). ‡ National team caps and goals correct as of 19 March 2012

Philip James Placer "Phil" Younghusband^[1] (born 4 August 1987) is an English–Filipino footballer who plays as a forward for Loyola Meralco Sparks and the Philippines national team.

Early years[link]

Younghusband was born in Ashford, Surrey, England, the son of Englishman Philip Younghusband Sr. and Filipina Susan Placer (both deceased). His brother James Younghusband is also a footballer and a midfielder on the same team.

Career[link]

Chelsea[link]

He plays as a striker and turned professional in March 2005, having been at Chelsea since the age of nine. Younghusband was the youth team's top scorer in the 2003–04 season and made his first reserve start in November 2004. In the 2004–05 he was the youth team's top scorer. In the 2005–06 season, Younghusband made 21 appearances for the Chelsea reserve team, including 18 starts, and scored five goals. He also made one appearance as a substitute for the Chelsea youth team.

Loan to Esbjerg[link]

On 30 August 2007, Younghusband signed a contract with Danish top-league club Esbjerg, going on loan with the Danes for the rest of the 2007–08 season but he returned to Chelsea during the January transfer window. During his time playing in the Chelsea reserves team, he scored 9 goals in 41 apps for two seasons. In the summer of 2008, his contract with Chelsea ended and he moved to the Philippines.

San Beda[link]

On 15 April 2011, it was reported that Younghusband and his brother announced that they will join San Beda for the 2011 National Club Championships under former national coach Aris Caslib. "It has been a long since we have been considered professional football players and we are very happy to have that opportunity again, especially in the Philippines."^[2]

Loyola Meralco Sparks[link]

On 19 August 2011, it was reported that Younghusband and his brother would be joining Loyola Meralco Sparks on three year deals after the national club championship was over.^[3]

On 15 October 2011, Younghusband made his debut for Loyola in the 2011–12 United Football Cup and fired a tournament-high seven goals in a 15-1 demolition of newcomer Team Socceroo FC.^[4]

At the 2011–12 United Football Cup final, Loyola lost against the Philippine Air Force 2–0, although he won the Golden Boot Award with 25 goals in his 7 games.

International career[link]

Early in 2005, the Philippine Football Federation was alerted to Younghusband's eligibility by an anonymous gamer who allegedly found out about their lineage via playing Football Manager.^[5] He and his older brother, James, were eventually called up to the Southeast Asian nation's football squad, amidst much fanfare.

He played for the Philippines Under-23 national squad in the 2005 Southeast Asian Games. Younghusband scored two goals in the Philippines 4–2 loss to Malaysia. He was part of the seniors Philippine national team. Younghusband participated in the ASEAN Football Championship and scored 6 goals in 4 appearances and ended up top scorer in the qualifiers.

During the 2012 AFC Challenge Cup Phil scored two goals against 2008 champion India in a 2–0 win, making it the first win by the Philippines against India ever. Younghusband scored again in a match against former champions Tajikistan that ended 2-1 to the Philippines, enabling the country to reach the semi-finals for the first time. The Philippines were matched against 2010 runners-up Turkmenistan in the semi-finals. Younghusband opened the scoring early on, but Turkmenistan eventually struck back twice, winning the match 2-1. Because of this, the Philippines were relegated to a battle for third place against Palestine. The match eventually ended in a 4-3 win for them with two goals from Phil Younghusband. He eventually won the golden boot award after scoring 6 goals in the whole tournament. The third place finish marked the best achievement for the Philippines since the years of the Far Eastern Games.^[6]

International goals[link]

Scores and results list the Philippines' goal tally first.

#	Date	Venue	Opponent	Score	Result	Competition
1.	14 November 2006	Panaad Stadium, Bacolod	Timor-Leste	1–0	7–0	2007 AFF Championship qualifier
2.	14 November 2006	Panaad Stadium, Bacolod	Timor-Leste	2–0	7–0	2007 AFF Championship qualifier
3.	14 November 2006	Panaad Stadium, Bacolod	Timor-Leste	4–0	7–0	2007 AFF Championship qualifier
4.	14 November 2006	Panaad Stadium, Bacolod	Timor-Leste	6–0	7–0	2007 AFF Championship qualifier
5.	20 November 2006	Panaad Stadium, Bacolod	Brunei	2–0	4–1	2007 AFF Championship qualifier
6.	20 November 2006	Panaad Stadium, Bacolod	Brunei	4–1	4–1	2007 AFF Championship qualifier
7.	17 May 2008	Barotac Nuevo Plaza Field, Iloilo City	Bhutan	2–0	3–0	2008 AFC Challenge Cup qualifier
8.	9 October 2010	Kaohsiung National Stadium, Kaohsiung	Hong Kong	1–2	2–4	2010 Long Teng Cup
9.	9 October 2010	Kaohsiung National Stadium, Kaohsiung	Hong Kong	2–2	2–4	2010 Long Teng Cup
10.	22 October 2010	New Laos National Stadium, Vientiane	Timor-Leste	2–0	5–0	2010 AFF Suzuki Cup qualifier
11.	24 October 2010	New Laos National Stadium, Vientiane	Laos	1–2	2–2	2010 AFF Suzuki Cup qualifier
12.	5 December 2010	My Dinh National Stadium, Hanoi	Vietnam	2–0	2–0	2010 AFF Suzuki Cup
13.	9 February 2011	Panaad Stadium, Bacolod	Mongolia	2–0	2–0	2012 AFC Challenge Cup qualifier
14.	3 July 2011	Rizal Memorial Stadium, Manila	Sri Lanka	2–0	4–0	2014 FIFA World Cup qualifier
15.	3 July 2011	Rizal Memorial Stadium, Manila	Sri Lanka	4–0	4–0	2014 FIFA World Cup qualifier
16.	30 September 2011	Kaohsiung National Stadium, Kaohsiung	Hong Kong	1–2	3–3	2011 Long Teng Cup
17.	11 October 2011	Rizal Memorial Stadium, Manila	Nepal	1–0	4–0	Friendly
18.	11 October 2011	Rizal Memorial Stadium, Manila	Nepal	3–0	4–0	Friendly
19.	11 March 2012	Dasarath Rangasala Stadium, Kathmandu	India	1–0	2–0	2012 AFC Challenge Cup
20.	11 March 2012	Dasarath Rangasala Stadium, Kathmandu	India	2–0	2–0	2012 AFC Challenge Cup
21.	13 March 2012	Halchowk Stadium, Kathmandu	Tajikistan	1–1	2–1	2012 AFC Challenge Cup
22.	16 March 2012	Dasarath Rangasala Stadium, Kathmandu	Turkmenistan	1–0	1–2	2012 AFC Challenge Cup
23.	16 March 2012	Dasarath Rangasala Stadium, Kathmandu	Palestine	1–0	4–3	2012 AFC Challenge Cup
24.	16 March 2012	Dasarath Rangasala Stadium, Kathmandu	Palestine	2–1	4–3	2012 AFC Challenge Cup

Honours[link]

Club[link]

San Beda

• PFF National Men's Club Championship: Runner-up 2011

Loyola

• UFL Cup: Runner-up 2011–12

International[link]

• AFC Challenge Cup: Third place 2012

Individual[link]

• UFL Cup Golden Boot: 2011–12
• Philippine Sportswriters Association Mr. Football award: 2011^[7]
• AFC Challenge Cup Golden Boot: 2012

References[link]

External links[link]

• Phil Younghusband at National-Football-Teams.com
• Phil Younghusband – FIFA competition record

Eula Biss is an American non-fiction writer.

She won the Carl Sandburg Literary Award,^[1] Rona Jaffe Writers' Award, the Graywolf Press Nonfiction Prize, the Pushcart Prize, and the National Book Critics Circle Award.^[2] She is a Guggenheim Fellow. She is an editor at Essay Press.^[3]

Personal life[link]

After earning a bachelor's degree in non-fiction writing from Hampshire College, Biss moved to New York City. She taught in public schools where her experiences profoundly influenced her writing. In 2003, she moved to Iowa City, where she went on to complete her MFA in the University of Iowa's Nonfiction Writing Program. She teaches at Northwestern University.^[4]

She lives in Rogers Park, Chicago, Illinois, She is married to John Bresland, and they have a son, Juneau.^[5]

Professional life[link]

An artist in residence at Northwestern University, Biss is also the author of two books and the founder of Essay Press.^[6] Her second book, Notes from No Man's Land, won the Graywolf Press Nonfiction Prize. In March 2010, "Notes from No Man's Land" won the National Book Critics Circle Award in the criticism category.

Bibliography[link]

• "No-Man’s-Land", The Believer, February 2008

• The Balloonists Hanging Loose Press, 2002, ISBN 978-1-931236-07-2
• Notes from No Man's Land. Graywolf Press. 2009. ISBN 978-1-55597-518-0. http://books.google.com/books?id=UUd9_2_CBdYC&printsec=frontcover&dq=eula+biss&hl=en&ei=MWDNTfq6OeTl0QH04a37DQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CDAQ6AEwAA#v=onepage&q&f=false. 

Reviews[link]

• Melissa Farnand (Winter 2006). "The Balloonists: Eula Biss". Double Room. http://www.webdelsol.com/Double_Room/issue_six/Melissa_Farnand.htm. 

Sources[link]

1. ^ http://americanlibrariesmagazine.org/inside-scoop/toni-morrison-eula-biss-receive-carl-sandburg-literary-awards
2. ^ http://www.northwestern.edu/newscenter/stories/2010/03/biss.html
3. ^ http://www.essaypress.org/about_editors_ebiss.html
4. ^ http://www.english.northwestern.edu/people/biss.html
5. ^ Time Out Chicago Issue 208. February 19–25, 2009
6. ^ http://www.eulabiss.net/about.html#here

External links[link]

• Author's website
• Book TV: Eula Biss "Notes From No Man's Land"

Eula Caballero
Eula Caballero, a rising star from TV 5 Philippines
Born	Lou Eula May Caballero Simo (1995-05-23) May 23, 1995 (age 17)
Occupation	Actress
Years active	2010–present

Lou Eula May Caballero Simo (born May 23, 1995) is a Filipina actress. She is well-known for being one of the prime time princess of TV5 and the first Star Factor grand winner held at Ynares Sports Arena last December 5, 2010. She also played the role of Holly Posadas in the TV mini-series, Nandito Ako (TV series) on TV5. After holding her own while starring opposite the country’s Superstar Nora Aunor in TV5’s drama series Sa Ngalan ng Ina, network princess Eula Caballero landed to a major project wherein she portrayed again the daughter of a veteran actress, ranged against the “Diamond” star Maricel Soriano. Eula played the daughter of Maricel and Gabby Concepcion in the Metro Manila Film Festival (MMFF) entry “Yesterday, Today and Tomorrow.” [1] As her career goes stronger, her exploding show for 2012 is "Nandito Ako" where she is starring together with Jasmine Curtis and David Archuleta.

Early life[link]

Eula was born in Boljoon, Cebu on May 23, 1995 to Mary Lou Caballero-Simo and Euladio Simo. She grew up in Cebu together with her siblings: Josephine Simo-Vinan, Jane Mercy Simo, and Jake Simo. She also has a nephew named Zachary Vinan. She studied at St. Mary's Academy-Dalaguete; from grades school to 2nd year, St. Mary's Academy-Oslob; third year "Section: III-St. John Vianney" and University of San Carlos-North Campus "Section: 4-Yellow" before she entered the world of showbiz. Her rumoured boyfriend is Kirk Saraste (her classmate).

Background[link]

In 2010, She joined the celebrity talent search of TV5, Star Factor. She was one of the 18 star hopefuls and after few weeks of training, made it to the top 4 or "Final 4". In the Grand Finals held at the Ynares Sports Arena, She was declared the winner of the talent search.

After the contest, she guested in some of TV5 Shows like Star Confessions playing the role of Sandara Park (with the TV5 star Joseph Bitangcol) and Magic Gimik (with Empoy Marquez and Kean Cipriano).

Filmography[link]

References[link]

1.) [2]

2.) [3]

3.) [4]