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Posted to users@flex.apache.org by mo...@comcast.net on 2013/11/15 20:13:30 UTC
EULA or SaaS agreement for Flex browser-based (e.g. plug-in; not
AIR) app?
I'm not seeking legal advice, just a little conventional wisdom perhaps.
I'm trying to understand whether a traditional Flex enterprise app requires an end-user-license agreement (EULA) or a software-as-a-service (SaaS) agreement. This website,
http://techcontracts.com/2011/09/12/dont-use-license-agreements-for-software-as-a-service/
states:
"If the customer puts a copy of a software application on a computer—downloads it, installs it from a disk, etc.—the deal calls for a license (e.g. EULA). Copyright law gives the software’s owner a monopoly over the right to copy it (to “reproduce” it), so the customer needs a copyright license to make a copy and put it on a computer. But in a SaaS deal, the customer doesn’t put software on a computer, or copy it at all. The software sits on the vendor’s computer and the customer merely accesses it via the Internet. With no copies, copyright plays no role in the transaction, so the customer doesn’t need a copyright license. Rather, the customer needs a simple promise: “During the term of this Agreement, Vendor will provide the System to Customer.”
In other words, the customer gets a service in a SaaS deal, not software. The vendor just uses software to provide the service. The vendor operates like an Internet service provider (ISP). Earthlink and Comcast and other ISP’s use millions of dollars of software to give their customers Internet access. But they don’t give their customers copies of that software. Rather, they provide a subscription to the service made possible by that software."
I can understand AIR applications fall into the EULA agreement since they are "installed" on the client. But what about browser-based apps using the FP plugin? On one hand, the software runs in the browser and is is not installed (at least not traditionally installed, e.g. as stand alone software); on the other hand, unless the software accesses a backend, the software resides in cache and runs completely on the client computer (no internet connection required after it loads).
I can see it both ways. Anyone go through this before and can shed some light on it?
Re: EULA or SaaS agreement for Flex browser-based (e.g. plug-in;
not AIR) app?
Posted by Alex Harui <ah...@adobe.com>.
I am not a lawyer either, and I agree with Justin that there is probably
no license agreement required, but I believe that many sites have "terms
of use" or "terms and conditions" that you often have to accept or accept
by using or continuing on into the app. It isn't a license, per-se, but
other legal stuff about liability.
On 11/15/13 3:09 PM, "Justin Mclean" <ju...@classsoftware.com> wrote:
>Hi,
>
>I'm not a lawyer but I would assume that no licence (except the one you
>licence your application under if any) would be required as the user
>would of already agreed to the Flash Player license when it was
>installed. [1]
>
>Thanks,
>Justin
>
>1.
>http://wwwimages.adobe.com/www.adobe.com/content/dam/Adobe/en/legal/licens
>es-terms/pdf/Flash%20Player_11.0.pdf
Re: EULA or SaaS agreement for Flex browser-based (e.g. plug-in; not AIR) app?
Posted by Justin Mclean <ju...@classsoftware.com>.
Hi,
I'm not a lawyer but I would assume that no licence (except the one you licence your application under if any) would be required as the user would of already agreed to the Flash Player license when it was installed. [1]
Thanks,
Justin
1. http://wwwimages.adobe.com/www.adobe.com/content/dam/Adobe/en/legal/licenses-terms/pdf/Flash%20Player_11.0.pdf
Re: EULA or SaaS agreement for Flex browser-based (e.g. plug-in;
not AIR) app?
Posted by Scott Matheson <sm...@intralinks.com>.
Ok I have an version of this, if this is an education to teach reading for dyslexics 8 years and above how do we handle the EULA can the school teacher agree for the student as you can not ask an student who can not read to agree to the EULA
Any ideas
Sent from my iPhone
> On 15 Nov 2013, at 19:42, "Kessler CTR Mark J" <ma...@usmc.mil> wrote:
>
> Well the US DoD requires their centrally managed/hosted websites/web-applications to have a Notice and Consent banner before using them. So I suppose it depends your environment. IMO in general since the web-apps do not install, no EULA is required. The license for the flash player was already agreed to when it was installed by itself.
>
>
> -Mark
>
> -----Original Message-----
> From: modjklist@comcast.net [mailto:modjklist@comcast.net]
> Sent: Friday, November 15, 2013 2:14 PM
> To: apache flex users
> Subject: EULA or SaaS agreement for Flex browser-based (e.g. plug-in; not AIR) app?
>
> I'm not seeking legal advice, just a little conventional wisdom perhaps.
>
> I'm trying to understand whether a traditional Flex enterprise app requires an end-user-license agreement (EULA) or a software-as-a-service (SaaS) agreement. This website,
>
> http://techcontracts.com/2011/09/12/dont-use-license-agreements-for-software-as-a-service/
>
> states:
>
>
> "If the customer puts a copy of a software application on a computer—downloads it, installs it from a disk, etc.—the deal calls for a license (e.g. EULA). Copyright law gives the software’s owner a monopoly over the right to copy it (to “reproduce” it), so the customer needs a copyright license to make a copy and put it on a computer. But in a SaaS deal, the customer doesn’t put software on a computer, or copy it at all. The software sits on the vendor’s computer and the customer merely accesses it via the Internet. With no copies, copyright plays no role in the transaction, so the customer doesn’t need a copyright license. Rather, the customer needs a simple promise: “During the term of this Agreement, Vendor will provide the System to Customer.”
>
> In other words, the customer gets a service in a SaaS deal, not software. The vendor just uses software to provide the service. The vendor operates like an Internet service provider (ISP). Earthlink and Comcast and other ISP’s use millions of dollars of software to give their customers Internet access. But they don’t give their customers copies of that software. Rather, they provide a subscription to the service made possible by that software."
>
> I can understand AIR applications fall into the EULA agreement since they are "installed" on the client. But what about browser-based apps using the FP plugin? On one hand, the software runs in the browser and is is not installed (at least not traditionally installed, e.g. as stand alone software); on the other hand, unless the software accesses a backend, the software resides in cache and runs completely on the client computer (no internet connection required after it loads).
>
> I can see it both ways. Anyone go through this before and can shed some light on it?
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RE: EULA or SaaS agreement for Flex browser-based (e.g. plug-in; not AIR) app?
Posted by Kessler CTR Mark J <ma...@usmc.mil>.
Well the US DoD requires their centrally managed/hosted websites/web-applications to have a Notice and Consent banner before using them. So I suppose it depends your environment. IMO in general since the web-apps do not install, no EULA is required. The license for the flash player was already agreed to when it was installed by itself.
-Mark
-----Original Message-----
From: modjklist@comcast.net [mailto:modjklist@comcast.net]
Sent: Friday, November 15, 2013 2:14 PM
To: apache flex users
Subject: EULA or SaaS agreement for Flex browser-based (e.g. plug-in; not AIR) app?
I'm not seeking legal advice, just a little conventional wisdom perhaps.
I'm trying to understand whether a traditional Flex enterprise app requires an end-user-license agreement (EULA) or a software-as-a-service (SaaS) agreement. This website,
http://techcontracts.com/2011/09/12/dont-use-license-agreements-for-software-as-a-service/
states:
"If the customer puts a copy of a software application on a computer—downloads it, installs it from a disk, etc.—the deal calls for a license (e.g. EULA). Copyright law gives the software’s owner a monopoly over the right to copy it (to “reproduce” it), so the customer needs a copyright license to make a copy and put it on a computer. But in a SaaS deal, the customer doesn’t put software on a computer, or copy it at all. The software sits on the vendor’s computer and the customer merely accesses it via the Internet. With no copies, copyright plays no role in the transaction, so the customer doesn’t need a copyright license. Rather, the customer needs a simple promise: “During the term of this Agreement, Vendor will provide the System to Customer.”
In other words, the customer gets a service in a SaaS deal, not software. The vendor just uses software to provide the service. The vendor operates like an Internet service provider (ISP). Earthlink and Comcast and other ISP’s use millions of dollars of software to give their customers Internet access. But they don’t give their customers copies of that software. Rather, they provide a subscription to the service made possible by that software."
I can understand AIR applications fall into the EULA agreement since they are "installed" on the client. But what about browser-based apps using the FP plugin? On one hand, the software runs in the browser and is is not installed (at least not traditionally installed, e.g. as stand alone software); on the other hand, unless the software accesses a backend, the software resides in cache and runs completely on the client computer (no internet connection required after it loads).
I can see it both ways. Anyone go through this before and can shed some light on it?