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SmartInspect and the End Usufructuary License Agreement

We just purchased a couple of licenses for Gurock Software’s SmartInspect. I’ve gotten as far as the license agreement.

Their license agreement aspires to dizzying new heights in legalese. Take this sentence, from the third paragraph of Section 1 (Subject-matter of the conditions):

The downloading or delivery of the licensed programs and the granting of usufructuary rights to them shall be explicitly tied to compliance with these General Business and Licensing Conditions.

(emphasis mine)

Usufructuary?!

Turns out it’s an actual word. According to Google’s snippet for the World Wide Words site (but not, oddly enough, according to the World Wide Words site itself):

‘Usufructuary’ is a technical term in law for a person who has the right to enjoy the products of property he does not own.

So, you don’t own the software, but you can still use it and gain the benefit of it. Familiar concept, grotesque word.

As Kyle, one of my co-workers, pointed out, there’s a slightly less obtuse word for that: a user. Perhaps someone should suggest that to Gurock’s lawyers…

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