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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)

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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]

John Carlo de Vera, better known by his screen name J.C. de Vera (born March 10, 1986 in Manila, Philippines), is a Filipino actor and model.

Biography and career[link]

JC de Vera was offered a basketball scholarship in Colegio de San Juan de Letran after he finish his HS days in Colegio San Agustin -Makati but rejected it to pursue his acting career. He started his showbiz career in 2003 when he joined Click. He was paired up with Valerie Concepcion and Julianne Lee during that time. After his teenage days, he leads into "leading man" status with the likes of Richard Gutierrez, Dingdong Dantes. Dennis Trillo, Mark Anthony Fernandez and among others.

He has been named as GMA Network's Drama Prince^[1] after they highly rated and praised Philippine dramas like Pati Ba Pintig ng Puso, Pasan Ko Ang Daigdig and Babangon Ako't Dudurugin Kita, where he was paired with Yasmien Kurdi. JC has paired up with Rhian Ramos in LaLola and Heart Evangelista in his most recent TV Sine Novela, Ngayon at Kailanman. JC is paired up with Jackie Rice in the recently concluded fantaserye of the GMA Network, Panday Kids.

JC as Kapatid[link]

JC recently transferred to TV5, and signed a 3 year non-exclusive contract with the network and was formally introduced on March 17, 2010 as one of the new talents to TV5 ^[2][3]

Filmography[link]

Television[link]

Movies[link]

Awards[link]

• Winner, Male Star Of The Night – 24th PMPC Star Awards For TV 2010
• Nominated, Best New Male Personality – 9th PMPC Star Awards For TV 2003

See also[link]

• Associated Broadcasting Company
• GMA Network

References[link]

External links[link]

• J.C. de Vera at the Internet Movie Database

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