EULA Disclaimer for TJ MORRIS
ACO is an unincorporated membership driven association as a club which Theresa J Morris has formed.
Author’s Club includes Authors, Copywriters, and Editors (ACE)
ACE is a nonprofit she has formed to share education research.
We distribute material without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C ß 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.
In proprietary software, an end-user license agreement (EULA) 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.
Some end-user license agreement 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”.
Many EULAs assert extensive liability limitations.
Most commonly, an 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.
This kind of EULAs concurs in aim with DRM and both may be used as alternate methods for widening control over software.
In disputes of this nature in the United States, 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.
A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk.
A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury.
Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered.
Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.
Disclaimers vary in terms of their uniformity. Some may vary depending on the specific context and parties involved, while other types of disclaimers may strictly adhere to a uniform and established set of formalities that are rarely or never modified, except under official authority. Some of these formal disclaimers are required pursuant to industry regulation, qualification for protection under a safe harbor, and other situations where the exact wording of a particular clause or document may be dispositive in the event of a legal dispute.
See e.g., Product liability, Toxicity Class, Rule against perpetuities, Public Health Cigarette Smoking Act.
The presence of a disclaimer in a legally binding agreement does not necessarily guarantee that the terms of the disclaimer will be recognized and enforced in a legal dispute. There may be other legal considerations that render a disclaimer void either in whole or part.
Analysts-Consultants-Organizers (ACO) Community Guidelines
Author’s Club includes Authors, Copywriters, and Editors (ACE)
ACE Nonprofit Inc. Open Source Information Services
Owned and Operated by Theresa J Morris
Everything’s got its plusses and minuses.
In your reviews, comments and postings, we ask you to include a balanced perspective.
Posts that lack a balance of content (offering pros & cons) will not be approved
We have created a few guidelines to help everyone understand our expectation from members of the community.
All user reviews must come from real users that have used the product/service, or have evaluated it for the purpose of using it for their company, in the past 12 months.
Consultants and analysts can also submit reviews as long as they are not being paid by a vendor to write the review. Posts that are suspected to be bogus in any way will not be approved.
We encourage constructive discussion about products, services and vendors.
Posts that include malicious or defamatory personal attacks (by name, title, or association) or are intended to spread rumors or incite reactions from other users will not be approved.
Reviews that include venting, obscenities, or aggressive or discriminatory language will not be approved.
This site is about sharing information that helps the entire community—don’t just think of yourself.
Posts that do not relate to the specified topic, or are too specific to your personal situation or otherwise off topic will not be approved.
No proprietary or confidential information:
We fully respect the rights of companies to protect their proprietary and confidential information.
Posts that offer company trade secrets, information protected by copyright, or any other information you are contractually prevented from disclosing will not be approved.
Practice good writing:
Your writing doesn’t have to be perfect, but we expect you to make an effort.
Posts using excessively poor grammar and/or spelling, or improper formatting, capitalization, or punctuation will not be approved.
We appreciate all your efforts to stay within these guidelines and be part of a lively and constructive community of Objective unbiased professional journalists.
TJ Morris Media Community Guidelines
Create, upload and share
TJ Morris Radio enables you to express yourself through your expressions in content posts, sounds, and lets you share your creations and findings as shared gifts through content across the web. So, be creative, be expressive and let the world know how awesome you are. But remember – only share sounds that you have created yourself and have permission to share. If you are unsure whether you can upload something, check out our Copyright Information pages.
Give us a link
Our widgets enable you to take tracks from TJ Morris and embed them on other websites. This is really great, but we’re picking up the bandwidth bill each month, so we’d really appreciate it if you could link back to us whenever you post TJ Morris Radio hosted content elsewhere on the web.
Criticize, but do it constructively
Criticism can be really valuable, but only when it’s done constructively. So, please share your opinions, but before posting anything, ask yourself “Would I appreciate receiving the same comment?”
Upload things that aren’t yours to upload.
Uploading and sharing means you must always be 100% certain that you are the creator of what you’re uploading, or have permission from all relevant rights holders. Anyone who repeatedly uploads other people’s content risks having their account suspended or terminated. If you need more information about copyright, check out our Copyright Information pages.
Use someone else’s name
TJ Morris Radio usernames are allocated on a first come, first served basis. Please don’t register accounts in the name of another person, or using someone else’s trademark, even if this is meant as a tribute. If you feel that someone is impersonating you on TJ Morris Radio, or is infringing your trademark, you can tell us about it by sending an email.
Rant, flame, troll or be an asshole
TJ Morris Radio is a social place but it’s not the place for you to act out your problems from other parts of your life. Don’t let a personal issue strain the rest of the community. Inappropriate behavior, including abusive, defamatory, obscene, racist or offensive comments, will put you at risk of having your account suspended or terminated.
There’s a fine line between promoting your sounds and spamming. The more you can make your messages and actions personal and relevant, the less likely you are to be reported for spam. Faking your own popularity, or using sounds or comments to promote other products or services can be considered as spam and isn’t welcome on TJMorrisRadio.
If you break these rules
We take these rules seriously, and expect you to as well. If you break these rules we will take action. If we receive notification from a rights holder that any sounds, text or images in your account infringe their copyright, or if we believe that your behavior is inappropriate, we will send you a warning. If we have to send you more than two of these warnings, we will suspend your account. In the most extreme cases, we may suspend your account without warning.
Tell us about it
If you feel that someone is infringing your copyright, you can tell us about it here.
Remember, we want TJMorrisRadio to be a community where everyone feels comfortable and respected – it’s up to all of us to make sure this happens.
To Sum It Up
Basically, be nice, respect the law and think before you post. In most cases, we’ll send you a warning before we take other measures and we’ll always try to act reasonably. We think this is fair but if you don’t agree, maybe TJMorrisRadio is not the place for you.
These guidelines have been written down to ensure that everyone within the community has the experience they want.
We’re not trying to set up rules and regulations for exactly how you should and shouldn’t act but rather to make clear that this should be a place of respect between people and a place for responsible content posting. We hope you agree and understand. If you do, don’t or have any other questions or comments please let us know.
We may change these Community Guidelines from time to time, so please be sure to check back here every so often for any updates.
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