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A common pattern in software distribution is to have an installer program that pops up and offers the user a license to the software, and prompts the user to accept it. This End User License Agreement will almost always include a term explicitly granting the user the right to install and use the software.

I've never seen a license agreement like this make that license conditional on having actually paid for the software. Sometimes they will mention that one needs to e.g. "activate" software against a server or enter a product key for the license to apply, but even in those cases it doesn't seem common to stipulate that e.g. the key must have been purchased by you.

What if the user gets their installer by downloading it for free from an unauthorized distributor, instead of by paying for a copy from someone licensed to distribute them?

If the user runs the unmodified installer and it immediately offers the user a license from the software author, and the user accepts it and complies with it, do they end up with a properly licensed installation?

If not, why not? Why would the software author's automated offer of a license not "count"? Or are terms in the license handling this situation much more common than I realize? Or has the author managed to revoke the user's license without knowing about its existence?

interfect
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2 Answers2

35

I've never seen a license agreement like this make that license conditional on having actually paid for the software.

Careful reading of license agreements shows that this isn't accurate. Commercial license agreements do not grant rights to illegally acquired software.

Microsoft Windows EULA

Applicability. This agreement applies to the Windows software that is preinstalled on your device, or acquired from a retailer and installed by you...

So versions downloaded illegally aren't covered.

Adobe General Terms

License. Subject to your compliance with the Terms and applicable law, we hereby grant you a non-exclusive, limited, revocable right for you to install...

...

11.2 Termination by Us. Unless stated in the Additional Terms, we may at any time immediately terminate or suspend your right to use and access the Services and Software, without refunds for any pre-paid fees, if in Adobe's sole discretion:

...

(B) you fail to make the timely payment of fees for the Services and Software, if any;

Autodesk License

1.1 License Grant. Subject to and conditioned on Licensee’s continuous compliance with this Agreement and payment of the applicable fees, Autodesk grants Licensee a nonexclusive, nonsublicensable, nontransferable, limited license to Install and Access the Licensed Materials

...

2.1.1 No License Granted; Unauthorized Activities. The parties acknowledge and agree that, notwithstanding anything to the contrary in this Agreement, no license is granted (whether expressly, by implication or otherwise) under this Agreement (and this Agreement expressly excludes any right) (a)... (b) to any Autodesk Materials that Licensee did not acquire lawfully or that Licensee acquired in violation of or in a manner inconsistent with this Agreement,

user71659
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A computer can’t enter into a contract

A EULA is a contract between the software company (not the computer) and the end user. If the software is obtained in a manner authorized by the publisher, then the publisher has extended the offer, and the end user accepts.

Pirated software does not come from the publisher or an authorized agent of the publisher. It cannot be binding on the publisher because they were never a party to the contract.

Let’s say there are three parties, A, B, and C. A and B write and sign a contract that says “B and C agree to (contract),” but C doesn’t sign it. A and B cannot enforce this contract on C, even though the contract references C, because C was never a party to the contract.

Also

Pirating software is always a crime, even if you have not accepted the EULA. By copying the installer to your computer, you have already committed a crime. Even if you could somehow argue that you got a valid license later, this does not erase the crime you already committed.

SegNerd
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