First of all, let me clear up the question of whether I have flip flopped from my position from the past. When this first came up and I read the EULA, my position was mostly that much of the statements in the EULA could not be enforced. This was to allay any fears from people who were concerned about its presence.
As to my concern that AMAZING CHARTS, INC. could ever take my patient data, this is something I lose no sleep over. While organizations such as Microsoft can and do send Windows Genuine Advantage under the guise of Windows Updates, which can check the actual CD key and tell if your copy of Windows is legitimate and actually shut down Windows or remove functionality, this is more than likely well beyond the technology of AMAZING CHARTS, INC. Furthermore, while companies in all fields can and do ask that you return their software if you do not follow their licensing agreement, I do not know of one instance where a company actually was able to retrieve such software. As this could hardly be done over the Internet, the software vendor such as AMAZING CHARTS, INC., would physically have to come to your office, enter most likely without your permission, and actually remove your software. I would find this difficult to fathom.
It would seem to me that this entire issue over the EULA is not due to the actual worry that one’s data or software will be turned off or removed, but rather the fact that the language actually exists. The reason most people choose Accept rather than Not Accept when they install software is because if they don’t, they cannot install the software. How many computer users have ever installed a copy of software on two or more computers even though the EULA specifically stipulates that doing so violates the EULA? Most software companies state this in their EULA and do not have any way of knowing if you are abusing the license. Office 2000 and Windows 2000 did not require activation and one could install it illegally on more than one computer. Imagine typing hundreds of documents on this program only to have Microsoft legally ask you to destroy all documents made illegally.
Yes, there was a time when the EULA that Jon wrote was nothing more than a statement about bullshit. But, as a company grows, its EULA must change to reflect the increasing chances that users will abuse the license. Over time it becomes necessary to hire attorneys who write EULAs which are more in line with bigger software companies. We should be happy that 1) the subscription price is only $500 per year and 2) that we can use the product on as many PCs as we would like. Jon could easily change his policy to require one to license each copy, therefore making my charge annually $5,000, a price that is close to being out of my price range.
I am not sure which version it is, but one can go back to the version where the EULA did not contain such language. Users are free to use that version and not be subject to any of the language in the current EULA which some users find so objectionable. This decision would mean that you could no longer be eligible for upgrades or support. But, it is a choice one can make, nonetheless. I can see no language in prior EULAs that stated Jon could not change his pricing structure or licensing agreement. If taken to the extreme, Jon could simply start a new company and buy out AMAZING CHARTS, INC., just as Adaptec GoBack became Roxio GoBack and then Norton GoBack and Drive Image became Symantec Ghost.
I do not worry about the EULA, because I realize that most of its statements are not enforceable. I feel extremely comfortable that if I continue to pay my $500 annually, which is more than fair, my license and data are completely safe. As to the 30-day rule, I think that is more than enough time to copy your databases to a thumb drive and place them in a safety deposit box.
Someone drew the analogy between backing up one’s computer with a strategy that provides maximum security to data loss and not being concerned about the EULA. While I understand the analogy, it simply does not hold water. The chances of a hard drive malfunctioning or someone inadvertently deleting files is far greater than AMAZING CHARTS, INC. taking your data or forcing you to give up your program. Besides, you have choices for both. One can make a choice to back up his or her computer or not and one can make a choice to upgrade and accept the EULA or not.
I debate whether I should even comment on the EULA. Certainly, everyone on the boards has a right to express his or her opinions. On the other hand, I feel compelled to give the other side as there are people who cruise through looking at AMAZING CHARTS, INC., and I think they should at least have both sides of the story. I try to do it in as objective a way as possible without stating anything that could be interpreted as making fun of another user or making light of his or her opinions. I guess I do wonder where all this EULA talk is going and what good it is going to do. While many protest things that he or she knows will likely not change anything, it makes perfect sense to still speak out against it. However, my feeling is that Jon is not going to change the EULA and, therefore, the practicality of the issue is to either accept it or not.
