Adaware 1.06

[EA]

I just downloaded the new version of adaware. Although the lavasoft
site says the program is free for personal use, the EULA that comes up
during installation describes it as payware and, as a result, I did not
install it. Did anyone else noticed this? Did I download the wrong
version? I looked through the lavasoft site to email their tech
support but the only link listed for the free version support does not
work (http://www.lavasoftsupport.com).

E.

 

[Mel]

I just downloaded the new version of adaware. Although the lavasoft
site says the program is free for personal use, the EULA that comes up
during installation describes it as payware and, as a result, I did not
install it. Did anyone else noticed this? Did I download the wrong
version? I looked through the lavasoft site to email their tech
support but the only link listed for the free version support does not
work (http://www.lavasoftsupport.com).

Ad-Aware SE Personal Edition?

http://download.com/3000-2144-10045910.html?part=69274&subj=dlpage&tag=button

 

[Pilbs]

I just downloaded the new version of adaware. Although the lavasoft
site says the program is free for personal use, the EULA that comes up
during installation describes it as payware and, as a result, I did not
install it. Did anyone else noticed this? Did I download the wrong
version? I looked through the lavasoft site to email their tech
support but the only link listed for the free version support does not
work (http://www.lavasoftsupport.com).

E.

Have you downloaded the correct version?

 

[EA]

Ad-Aware SE Personal Edition?

http://download.com/3000-2144-10045910.html?part=69274&subj=dlpage&
tag=button

Yes, that is the link that I used. However, the download did not
start automatically and I had to manually click on the download.com
ftp site. The file's name was aawsepersonal.exe and the size was
2,855,080 bytes. The EULA that came up during installation says
nothing about free usage and, instead, describes the program as
payware.

E.

 

[EA]

Have you downloaded the correct version?

I think I have...see my reply to Mel....

E.

 

[Pilbs]

Heres the EULA

Lavasoft AB - Software License Agreement for Registered Users

Please read the terms and conditions of this license agreement (the
"License") before installing the computer software (the "Software"). By
installing and using the Software you accept and agree to the terms of this
License. This License constitutes the entire agreement concerning the
Software between you and Lavasoft AB and it supersedes any prior proposal or
representation. If you do not agree with these terms and conditions,
promptly de-install the Software and, if you paid for a License, contact
your distributor for a refund of the amount that you paid.

The term "Software" includes, and these terms and conditions also apply to,
any updates, modifications and upgrades to the Software that you may receive
from time to time.

1. License Grant
This License permits you, as purchaser of the Software, to use one copy of
the Software solely for your use on one computer per purchased copy of the
software, or, for users of Windows® Terminal Server ("WTS"), solely for use
by users covered under the WTS License. The enclosed documentation
("Documentation") may not be copied. You agree that you will not sublicense,
assign, transfer, distribute, pledge, lease, rent or share your rights under
this License except with prior written permission from Lavasoft AB. You
agree that you will not modify, adapt or translate, or disassemble,
decompile, reverse engineer or otherwise attempt to discover the source code
of the Software.

2. Standard Maintenance and Support
All updates/upgrades for your purchased edition (regardless of build or
version) are free of charge for the year following your purchase of the
Software. On each anniversary of your initial purchase, you will be
required to pay the yearly maintenance and support fee in accordance with
the then applicable price list to continue receiving updates/upgrades for
that following year.

3. Lavasoft AB's Rights
You acknowledge and agree that the Software and Documentation (the "Licensed
Products") are proprietary products of Lavasoft AB under international
copyright law and disclosed to you by Lavasoft AB in confidence. You shall
take all reasonable steps to safeguard the Licensed Products. Lavasoft AB
owns and retains all copyright, trademark, trade secret and other
proprietary rights in and to the Licensed Products. This License conveys to
you only a non-exclusive and limited right of use, revocable in accordance
with the terms and conditions of this License.

4. Service Level Agreements
Support services may be purchased under separate agreement with Lavasoft AB.

5. Limited Warranty
Lavasoft AB warrants that for your benefit alone, for ninety (90) days from
the day of delivery to you (the "Warranty Period") the Software media, under
normal use in a compatible execution environment, will be free from defects
in material and workmanship. Any replacement program will be warranted for
the remainder of the original warranty period or thirty (30) days from the
date of receipt by you, whichever is longer. In no event may you bring any
claim, action or proceeding arising out of the warranty set forth in this
Article 4 more than six (6) months after the date on which the breach of
warranty occurred.

6. Exceptions to Warranties; Disclaimers
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, LAVASOFT AB DISCLAIMS ANY AND
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. Lavasoft AB does not
warrant that the Software, its use, operation or your ability to use the
Software will be uninterrupted or error-free or that all Software errors
will be corrected. The warranty set forth above shall not apply to any
defect or problems caused by any defect in any hardware or software used in
combination with the Software, or use of the Software in execution
environments not specified in the Documentation. Lavasoft AB does not
warrant that the Software or service will meet your requirements or that the
operation of the Software will be uninterrupted or error free.

Lavasoft AB's limited warranty is void if a breach of the warranty has
resulted from (i) accident, corruption or misuse of the Software; or (ii)
acts or omissions by someone other than Lavasoft AB.

7. Refund Policy
Lavasoft AB will refund the full price of the Software if the Software is
damaged or defective, and only if you notify Lavasoft AB of the refund
request within fourteen (14) days of the date you purchased the Software.

8. Exclusive Remedies
You agree that if, during the Warranty Period, a defect in the Software
media appears, your exclusive remedy will be, in Lavasoft AB's sole option,
to replace the media or to credit the amounts paid by you to Lavasoft AB, if
any, and terminate this License. The later remedy is subject to the return
of all copies of the Licensed Products.

9. Limitations of Liability
In no event shall Lavasoft AB be liable for any damages to you or any other
party whether arising out of contract or from tort including loss of data,
profits or business or other special, incidental, exemplary or consequential
damages, even if Lavasoft AB has been advised of the possibility of such
loss or damages. Lavasoft AB's cumulative liability shall not exceed the
license fee paid, if any, for use of this Software and Documentation. This
section shall survive termination of this License.

10. Termination
This agreement is in effect until terminated. You may terminate the
agreement at any time by destroying all copies of the Software and
Documentation and erasing any copies on storage media. The agreement also
terminates if you fail to comply with any terms and conditions of this
agreement. In such event, you agree to destroy and erase all copies of the
Software and Documentation, and Lavasoft AB will be entitled to all remedies
in accordance with applicable law.

11. General
This agreement shall be governed by the laws of Sweden.

12. Contact
Use of the Software other than for your internal operations on a single
computer requires that you have entered into a separate license agreement
with Lavasoft AB. Please e-mail (e-mail address removed) for further information.

 

[Mark Warner]

Mel typed

Yes, that is the link that I used. However, the download did not
start automatically and I had to manually click on the download.com
ftp site. The file's name was aawsepersonal.exe and the size was
2,855,080 bytes. The EULA that came up during installation says
nothing about free usage and, instead, describes the program as
payware.

You actually read those things???? :O)

I just pulled mine up out of the program file. Yes, it sure looks like
it's describing a payware program to me too. Nonetheless, it works. I
wouldn't concern myself with it.

 

[Mel]

Yes, that is the link that I used. However, the download did not
start automatically and I had to manually click on the download.com
ftp site. The file's name was aawsepersonal.exe and the size was
2,855,080 bytes. The EULA that came up during installation says
nothing about free usage and, instead, describes the program as
payware.

Maybe re-read the EULA. The webpage has the following note:

All software offered on this page is free(*) to download and use and
compatible with Microsoft Windows 98/Me/NT/2000/XP/

(*)Free for non-commercial use only.
For use in a commercial/educational/governmental environment purchase a
registered copy of Ad-Aware.

 

[EA]

Maybe re-read the EULA. The webpage has the following note:

All software offered on this page is free(*) to download and use
and compatible with Microsoft Windows 98/Me/NT/2000/XP/

(*)Free for non-commercial use only.
For use in a commercial/educational/governmental environment
purchase a registered copy of Ad-Aware.

Actually, the EULA says that it supercedes any prior agreements or
notices. That would include whatever the site says. I doubt that
the program is not freeware, it seems more like an oversight from the
part of lavasoft... Most likely, they did not include a more
appropriate eula. Still, it does make me uncomfortable....

E.

 

[EA]

You actually read those things???? :O)

I just pulled mine up out of the program file. Yes, it sure looks
like it's describing a payware program to me too. Nonetheless, it
works. I wouldn't concern myself with it.

Yes, I actually read these things.

I think it's just an oversight from the part of Lavasoft. I got a
little more concerned when I saw that the link for the freeware
support no longer works. Probably, they are just in the process of
updating everything for the new version and they missed some
things....

E.

 

[EA]

Heres the EULA

Yes, that's the EULA I was talking about...it sounds like payware. It
identifies the user as someone who paid for the software and mentions
that the user has to pay again for updates after a year.... Also, it
says that non-personal usage requires a different license, which
implies that this is the license for personal usage....

E.

 

[EA]

Correction to my previous message:

The part that requires a different license is not about personal usage
but about a single computer (implying that the diff license is for
network use).

Still..the rest sounds payware..

E.

 

[Mel]

Actually, the EULA says that it supercedes any prior agreements or
notices. That would include whatever the site says. I doubt that
the program is not freeware, it seems more like an oversight from the
part of lavasoft... Most likely, they did not include a more
appropriate eula. Still, it does make me uncomfortable....

I'm more inclined to go with what is on Lavasofts Website:

Welcome to our freeware and shareware Downloads page! Choose a site to
download your copy of Ad-Aware SE Personal Edition, skins, help manuals,
RegHance and the latest definition file from. The freeware* version of
Ad-Aware is compatible with Microsoft Windows 98/Me/NT/2000/XP/2003.

And the Software License Agreement:

http://www.lavasoft.com/support/download/files/license_agreement/Software_License_Agreement.pdf

#9 - Contact

 

[4no1]

Actually, the EULA says that it supercedes any prior agreements or
notices. That would include whatever the site says. I doubt that
the program is not freeware, it seems more like an oversight from the
part of lavasoft... Most likely, they did not include a more
appropriate eula. Still, it does make me uncomfortable....

Why? It's not as tho they can MAKE you pay. Either the software cripples
or stops working after a month (or some defined period) or it doesn't. And
if it does you get something else.

Ain't no way they can make you pay.

 

[EA]

Why? It's not as tho they can MAKE you pay. Either the software
cripples or stops working after a month (or some defined period)
or it doesn't. And if it does you get something else.

Ain't no way they can make you pay.

Strictly speaking....yes, they can. Your usage of the software
depends on the EULA. If the EULA says you have to pay for updates
and you don't, you would be violating the terms, unless a more recent
EULA says that it is ok to do so. A software company is not required
to cripple a program to enforce its legitimate usage.

At any rate, I am not saying that adaware is now payware. I am
saying that this is probably an oversight from the part of
lavasoft...

E.

 

[MLC]

_EA_, venerdì 03/giu/2005:

Yes, that's the EULA I was talking about...it sounds like payware. It
identifies the user as someone who paid for the software and mentions
that the user has to pay again for updates after a year.... Also, it
says that non-personal usage requires a different license, which
implies that this is the license for personal usage....

Lavasoft AB - Software License Agreement for Registered Users


I read this as the EULA for registered users, then it doesn't apply to us
not registered...
It seems we are without a EULA!

 

[EA]

_EA_, venerdì 03/giu/2005:



Lavasoft AB - Software License Agreement for Registered Users


I read this as the EULA for registered users, then it doesn't
apply to us not registered...
It seems we are without a EULA!

That's probably the most accurate way of describing this....

E.

 

[Mark Warner]

"Mark Warner" typed

I think it's just an oversight from the part of Lavasoft. I got a
little more concerned when I saw that the link for the freeware
support no longer works.

I will stand corrected, but I believe Lavasoft pulled the plug on their
free support forums after they got hammered for de-listing a prominent
spyware program (WhenU? Claria? can't remember which... ) on the sly a
while back. Haven't checked myself, but was over there at the time. I
remember it got kinda ugly, and Lavasoft didn't handle it well at all.

 

[J. Yazel]

Yes, that's the EULA I was talking about...it sounds like payware. It
identifies the user as someone who paid for the software and mentions
that the user has to pay again for updates after a year.... Also, it
says that non-personal usage requires a different license, which
implies that this is the license for personal usage....

E.

========================

When you select the download for v.1.06 it takes you to download.com

In the middle of the screen it says: license free

Jack