End-user licensing agreements were also criticized for containing conditions that impose incriminating obligations on consumers. For example, Clickwrapped, a service that evaluates consumer companies based on respect for users` rights, indicates that they increasingly contain a term that prevents a user from suing the company. [21] The DMCA specifically provides for reverse software engineering for interoperability purposes, so there have been some controversies about whether to implement contractual software licensing clauses that restrict it. The 8th Davidson – Associates v. Jung[12] found that such clauses are enforceable after the decision of the Federal Circuit of Baystate v. Bowers. [13] Recently, publishers began encrypting their software packages to prevent a user from installing the software without accepting the license agreement or in violation of the Digital Millennium Copyright Act (DMCA) and foreign counterparts. [Citation required] You agree: a) to defend us and compensate us for any claims and damage caused by your dissemination of program and program documentation in violation of this Agreement and/or the failure to take into account the necessary contractual arrangements in your end user agreement, as noted above; (b) retain end-user agreements and end-user information records, including the name, address, date of distribution and identity of distributed programs; (c) allow us, upon request, to have access to your final user agreements and registrations; and (d) apply the terms of your end-user agreements in order to achieve a timely recovery from the end user`s injuries and to inform us of a breach of conditions. Jerry Pournelle wrote in 1983: “I have not seen any evidence that… Levian agreements – full of “You must not” have any impact on piracy. He gave an example of a CLA that was impossible for a user to stick to, and he said, “Come on, guys. No one expects these agreements to be respected.¬†Pournelle noted that, in practice, many companies were more generous to their customers than their U.S.

required: “So why do they insist that their customers sign “agreements” that the customer refuses to keep and that the company knows they are not respected? …