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	<title>Comments on: EULA of Visual Studio 2010 from dreamspark</title>
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	<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/</link>
	<description>Personal site of Wouter Lindenhof</description>
	<lastBuildDate>Wed, 16 May 2012 11:20:44 +0000</lastBuildDate>
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		<title>By: About development of commercial, closed-source software</title>
		<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/comment-page-1/#comment-815</link>
		<dc:creator>About development of commercial, closed-source software</dc:creator>
		<pubDate>Wed, 16 May 2012 11:20:44 +0000</pubDate>
		<guid isPermaLink="false">http://limegarden.net/?p=305#comment-815</guid>
		<description>[...]  [...]</description>
		<content:encoded><![CDATA[<p>[...]  [...]</p>
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		<title>By: Sole41</title>
		<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/comment-page-1/#comment-771</link>
		<dc:creator>Sole41</dc:creator>
		<pubDate>Tue, 17 Jan 2012 21:32:07 +0000</pubDate>
		<guid isPermaLink="false">http://limegarden.net/?p=305#comment-771</guid>
		<description>I enjoy the wonders of virtual machines and no trial period can stop me :P</description>
		<content:encoded><![CDATA[<p>I enjoy the wonders of virtual machines and no trial period can stop me <img src='http://www.limegarden.net/wp-includes/images/smilies/icon_razz.gif' alt=':P' class='wp-smiley' /> </p>
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		<title>By: Wouter Lindenhof</title>
		<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/comment-page-1/#comment-614</link>
		<dc:creator>Wouter Lindenhof</dc:creator>
		<pubDate>Thu, 02 Dec 2010 09:25:34 +0000</pubDate>
		<guid isPermaLink="false">http://limegarden.net/?p=305#comment-614</guid>
		<description>Indeed, they have fixed it. I will update the post to reflect this change. Thanks for pointing it out to me.</description>
		<content:encoded><![CDATA[<p>Indeed, they have fixed it. I will update the post to reflect this change. Thanks for pointing it out to me.</p>
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		<title>By: Woongbin</title>
		<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/comment-page-1/#comment-613</link>
		<dc:creator>Woongbin</dc:creator>
		<pubDate>Tue, 30 Nov 2010 22:36:23 +0000</pubDate>
		<guid isPermaLink="false">http://limegarden.net/?p=305#comment-613</guid>
		<description>It seems like they have fixes this now. It now says,
&quot;By clicking &quot;Download&quot; below I agree to the License Agreement.&quot;
And the License Agreement text linked to the student version license.</description>
		<content:encoded><![CDATA[<p>It seems like they have fixes this now. It now says,<br />
&#8220;By clicking &#8220;Download&#8221; below I agree to the License Agreement.&#8221;<br />
And the License Agreement text linked to the student version license.</p>
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		<title>By: Wouter Lindenhof</title>
		<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/comment-page-1/#comment-216</link>
		<dc:creator>Wouter Lindenhof</dc:creator>
		<pubDate>Mon, 19 Apr 2010 07:13:00 +0000</pubDate>
		<guid isPermaLink="false">http://limegarden.net/?p=305#comment-216</guid>
		<description>The point I was trying to make in my post was that I never agreed to the DreamSpark license. An EULA is only valid when the user can see it before and after and if he has agreed to it (not agreeing means the provider (Microsoft) can refuse the software).

Just to be sure I have gone through the entire procedure again (including creating an account) and here is an overview
1. During the login on DreamSpark I was not presented any EULA
2. During the verification (the yes-I-am-a-student part) I was not presented an EULA
3. When I downloaded the ISO there was no EULA for Visual Studio 2010.
4. When installing VS2010 there was an EULA but this was the standard EULA of VS2010 with no mention of DreamSpark.

That means I never agreed to the DreamSpark license. 

The only legal part that can be debated is the fact that I could expected that the DreamSpark license applies on all product. To give a real example (just to make it clear): If you are shopping for a TV and you find one for 5 euro while all other TV&#039;s are at least 100 euro you could have expected that there was an error and that this TV also costs at least 100 euro. &lt;strong&gt;However&lt;/strong&gt; the DreamSpark license contains a list of products (just a enumartion of software titles, but no special mention or anything) and you find the EULA back on the downloading pages of those products, however you also find it back on some of the download pages of software that was not mentioned in the EULA. And the express versions also don&#039;t mention the DreamSpark EULA (they are free). But a few other software also don&#039;t have the license (which means that VS2010 is not the only one who is unclear.)
Which means that is unclear for me as user to detemine (and thus expect) on what products the EULA does or does not apply.

In all honesty I think that microsoft might have made an oversight here, but if that was the case it is there problem.</description>
		<content:encoded><![CDATA[<p>The point I was trying to make in my post was that I never agreed to the DreamSpark license. An EULA is only valid when the user can see it before and after and if he has agreed to it (not agreeing means the provider (Microsoft) can refuse the software).</p>
<p>Just to be sure I have gone through the entire procedure again (including creating an account) and here is an overview<br />
1. During the login on DreamSpark I was not presented any EULA<br />
2. During the verification (the yes-I-am-a-student part) I was not presented an EULA<br />
3. When I downloaded the ISO there was no EULA for Visual Studio 2010.<br />
4. When installing VS2010 there was an EULA but this was the standard EULA of VS2010 with no mention of DreamSpark.</p>
<p>That means I never agreed to the DreamSpark license. </p>
<p>The only legal part that can be debated is the fact that I could expected that the DreamSpark license applies on all product. To give a real example (just to make it clear): If you are shopping for a TV and you find one for 5 euro while all other TV&#8217;s are at least 100 euro you could have expected that there was an error and that this TV also costs at least 100 euro. <strong>However</strong> the DreamSpark license contains a list of products (just a enumartion of software titles, but no special mention or anything) and you find the EULA back on the downloading pages of those products, however you also find it back on some of the download pages of software that was not mentioned in the EULA. And the express versions also don&#8217;t mention the DreamSpark EULA (they are free). But a few other software also don&#8217;t have the license (which means that VS2010 is not the only one who is unclear.)<br />
Which means that is unclear for me as user to detemine (and thus expect) on what products the EULA does or does not apply.</p>
<p>In all honesty I think that microsoft might have made an oversight here, but if that was the case it is there problem.</p>
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		<title>By: bestofluck</title>
		<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/comment-page-1/#comment-214</link>
		<dc:creator>bestofluck</dc:creator>
		<pubDate>Sun, 18 Apr 2010 23:56:18 +0000</pubDate>
		<guid isPermaLink="false">http://limegarden.net/?p=305#comment-214</guid>
		<description>Its not they forgot something its they do not have to edit the EULA with the software it self...

1. NOTICE: STUDENT PROGRAM SOFTWARE. The terms of this license apply to all Software provided to You under the Student Program, and shall supersede and control over any conflicting license terms You may encounter in the Software, even if installation of the Software requires You to “accept” a separate end user license agreement. 
http://www.churchmedia.net/forums/copyright-issues/36792-dreamspark-rocks-eula-might-not.html

So if DreamSpark came with this EULA it would over right part of any other EULA. In MSDN case all software on disk comes with retail EULA but there a EULA you get with MSDN it self that changes the rules of use for all software. DreamSpark sounds like it came with a EULA to do this. But could be wrong as do not have DreamSpark...

BTW your link to Full Microsoft DreamSpark License dos not work or without DreamSpark anyways..</description>
		<content:encoded><![CDATA[<p>Its not they forgot something its they do not have to edit the EULA with the software it self&#8230;</p>
<p>1. NOTICE: STUDENT PROGRAM SOFTWARE. The terms of this license apply to all Software provided to You under the Student Program, and shall supersede and control over any conflicting license terms You may encounter in the Software, even if installation of the Software requires You to “accept” a separate end user license agreement.<br />
<a href="http://www.churchmedia.net/forums/copyright-issues/36792-dreamspark-rocks-eula-might-not.html" rel="nofollow">http://www.churchmedia.net/forums/copyright-issues/36792-dreamspark-rocks-eula-might-not.html</a></p>
<p>So if DreamSpark came with this EULA it would over right part of any other EULA. In MSDN case all software on disk comes with retail EULA but there a EULA you get with MSDN it self that changes the rules of use for all software. DreamSpark sounds like it came with a EULA to do this. But could be wrong as do not have DreamSpark&#8230;</p>
<p>BTW your link to Full Microsoft DreamSpark License dos not work or without DreamSpark anyways..</p>
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		<title>By: Wouter Lindenhof</title>
		<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/comment-page-1/#comment-211</link>
		<dc:creator>Wouter Lindenhof</dc:creator>
		<pubDate>Sun, 18 Apr 2010 20:12:42 +0000</pubDate>
		<guid isPermaLink="false">http://limegarden.net/?p=305#comment-211</guid>
		<description>Yes you are correct, but when I downloaded it I didn&#039;t have to agree to it (The dreamspark EULA was not on the page or was redirected to). An EULA can also not be applied &quot;in retrospective&quot;, meaning because they forgot something they can&#039;t force people who have already have the object accept the new license.

Although I&#039;m a programmer I know quite a bit about laws and agreements (two people in the family deal with it so I can&#039;t help picking things up ;) )</description>
		<content:encoded><![CDATA[<p>Yes you are correct, but when I downloaded it I didn&#8217;t have to agree to it (The dreamspark EULA was not on the page or was redirected to). An EULA can also not be applied &#8220;in retrospective&#8221;, meaning because they forgot something they can&#8217;t force people who have already have the object accept the new license.</p>
<p>Although I&#8217;m a programmer I know quite a bit about laws and agreements (two people in the family deal with it so I can&#8217;t help picking things up <img src='http://www.limegarden.net/wp-includes/images/smilies/icon_wink.gif' alt=';)' class='wp-smiley' />  )</p>
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		<title>By: bestofluck</title>
		<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/comment-page-1/#comment-210</link>
		<dc:creator>bestofluck</dc:creator>
		<pubDate>Sun, 18 Apr 2010 13:48:49 +0000</pubDate>
		<guid isPermaLink="false">http://limegarden.net/?p=305#comment-210</guid>
		<description>There seem to be a EULA for DreamSpark it self that supersede and control over any conflicting license terms and has...
....
b. Restrictions. You may not use the Software:
• for commercial purposes (except as permitted under Section 3(d); or
• to develop or maintain Your own administrative or IT systems, or those of Your educational institution. 
...

So you may want check for any EULA for DreamSpark it self MSDN has some thing like this too...

http://www.churchmedia.net/forums/copyright-issues/36792-dreamspark-rocks-eula-might-not.html</description>
		<content:encoded><![CDATA[<p>There seem to be a EULA for DreamSpark it self that supersede and control over any conflicting license terms and has&#8230;<br />
&#8230;.<br />
b. Restrictions. You may not use the Software:<br />
• for commercial purposes (except as permitted under Section 3(d); or<br />
• to develop or maintain Your own administrative or IT systems, or those of Your educational institution.<br />
&#8230;</p>
<p>So you may want check for any EULA for DreamSpark it self MSDN has some thing like this too&#8230;</p>
<p><a href="http://www.churchmedia.net/forums/copyright-issues/36792-dreamspark-rocks-eula-might-not.html" rel="nofollow">http://www.churchmedia.net/forums/copyright-issues/36792-dreamspark-rocks-eula-might-not.html</a></p>
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		<title>By: Star Trek Online Forums - The Immature People of Gaming &#124; STMMO.info</title>
		<link>http://www.limegarden.net/2010/04/13/eula-of-visual-studio-2010-from-dreamspark/comment-page-1/#comment-188</link>
		<dc:creator>Star Trek Online Forums - The Immature People of Gaming &#124; STMMO.info</dc:creator>
		<pubDate>Tue, 13 Apr 2010 15:20:14 +0000</pubDate>
		<guid isPermaLink="false">http://limegarden.net/?p=305#comment-188</guid>
		<description>[...] EULA of Visual Studio 2010 from dreamspark « Limegarden.net [...]</description>
		<content:encoded><![CDATA[<p>[...] EULA of Visual Studio 2010 from dreamspark « Limegarden.net [...]</p>
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