More SmartInspect license WTF

Still reading the SmartInspect license agreement.

Now, it’s normal for a license agreement to, in effect, say “We don’t promise the software actually works”. It’s frightening when you think about it, but it’s become standard operating procedure.

Once again, the overachievers in Gurock’s legal department have taken this concept to dizzying new heights. Either that, or their site has been hacked by an angry mob with torches and pitchforks. Is it seriously possible that a company would publicly hate on their own product this badly?

6.1 When using the licensed programs, in order to avoid damage that may be caused to other programs or stored data being used simultaneously, the Customers shall in good time before using/utilising the licensed programs back up the programs and data involved, and not use programs of this kind in actual operation before he has verified the flawless quality of these programs by a test routine.

(emphasis mine)

That’s copied straight out of the actual SmartInspect license agreement on their actual Web site.

So let me see if I understand this. I am contractually obligated to assume their software is horribly broken, until and unless I am able to form and execute a test plan to prove otherwise. In other words, their entire Quality Assurance department consists of their paying customers.

(I have a hard time believing that that’s actually the case, but that’s certainly the message they’re going to great pains to send.)

Does anyone happen to use CodeSite, and have a copy of their license agreement that they could send me? If so, please get in touch. If Raize actually shows some confidence in their own product, I’d be sorely tempted to return SmartInspect and go with the slightly more expensive, but presumably tested before shipping, competitor.

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…