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ADCPRO: EULA: Reporting?

Part Number: ADCPRO

I was installing ADCPro (v2) and I was asked to agree to an EULA with this somewhat surprising clause:

e. Reports.  At TI's request, you will complete and send to TI, one (1) written evaluation report concerning the performance of the Licensed Materials, including failure logs, status reports, and error reports, as well as any and all benchmarking results relating to the comparison of the Licensed Materials with competitive products.  Such report will also discuss your evaluation of the strengths and weaknesses of the Licensed Materials and any recommended improvements. 

I'm pretty sure my CEO won't agree to this. Besides the fact that I work for our company, not TI, any competitor information we gather is probably covered by their EULA (not to mention ethics). 

This was further muddied by:

1) Nowhere did the EULA text say what software it applied to.

2) The installer followed up with a second, different EULA, which did not contain this clause. I don't know which EULA applies to what -- does the second supercede the first?

Perhaps such a "request" is improbable, but that kind of thing doesn't hold up in court, so my only recourse is to uninstall ADCPro (dissolving the agreement) and evaluate on my own.

I don't see this mentioned/discussed on the Forum. Does this clause really not mean what the words seem to say? Is the first EULA inoperative due to the second EULA? (I'm fine with the second EULA.)

  • Hi Bruce,

    Kudos for reading the software licensing terms!

    The ADCPro software has two licenses to it... one for the TI Software and another for the NI software (NI-VISA Runtime and NI LabVIEW Runtime Engine).

    The installer had to be updated two years ago and we opted to wrap the old installer inside of another installer; hence, we ended up with two sets of installers each with EULAs to agree to. It's not pretty, but it is what it is. The first set of terms supersede the second set, but the two EULAs are mostly the same.

    As for the "Reporting" clause in the license, this is standard industry practice to include these kinds of terms in an evaluation license. It is included in the terms because it establishes "consideration". By promising to provide TI with something it establishes the contract because TI gains no other benefit from this contract other than your feedback, and only if we ask. To the best of knowledge, TI has never asked a customer to provide such a report.

    I hope that addresses your concerns. Let me know if you have any additional questions!

  • OK, I think I see what you're saying. Thanks for the explanation.