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Borland CEO recants, rallies nation
If the clause offends thee, strike it out
Borland's CEO Dale Fuller has taken personal responsibility for clauses in the Kylix and JBuilder EULAs that give the company the right to an end user's wife, children and a pick of their personal electronic goods.
Well, not exactly. But at the weekend SourceForge noted that a clause in the EULA allowed Borland's bottom inspectors to visit a Kylix user's abode and if discovered to be failing Borland's generous GPL-only-please conditions, they would be obliged to pay five per cent of the cost of the audit. And a storm ensued[*].
In a message posted on Borland's community, the leader of the tribe of the valley of Scotts, Dale Fuller, writes:-
"The new end user license agreement mistakenly contains language that is specific to enterprise volume customers. This language is industry standard boilerplate for enterprise licenses, but it should not have been included in the individual product licenses. This was an error on our part and is in the process of being fixed," writes Fuller.
So it's er, not written in stone, after all.
Fuller is correct in stating that this is a standard clause, however. Borland's EULA was only more explicit than most, in specifying a fee for the auditors. Since he refers to clauses in the plural, we take this to mean that the right to waive jury trial clause is also going to be axed. Borland haven't returned our calls.
"Borland remains committed to the Borland Nation of developers," Dale signs off.
Anyway, good on him for recanting. A sinner that repenteth, says the good book, shall [that's enough Biblical references - ed.]®
[*]... In the way that "storms" always "ensue" after a "EULA" "revelation".