Phantast.. Whether you agree or not If you buy and install 3d Max, or poser, or any software you agree to their agreement, whether you have read it or not. It's a contract between you and the company. Once you click agree.. or your neighbor or your dog, and it is on your computer then you are responsible for upholding that agreement. Doesn't matter WHO installed it and who clicked agree. It is a legal and binding contract. If you bought a new computer with win xp on it or any version of windows on it, whether or not you agree to the agreement, since you didn't install it, by using that computer and everything on it YOU are responsible for upholding the agreement. Plain and simple. ANY copyright lawyer will tell you that. That's why all boxed software usually comes with a print out of the liscense agreement, and no matter if you read THAT or not it is still binding if you install the software. Try your excuse on a judge and he'd laugh and tell you to research the laws, plain and simple. This is a matter of copyright law. So it is governed by Copyright laws. Now under the copyright law what any software company or any body doing when they give something away for free is allowing you to use their copyrighted item under a specific agreement, It doesn't matter what You believe is right but if you use an item without reading the text files, liscense agreement,et all you are still responisible for them. Whether you have read it or not. If you have pirated copies of programs on your computer, and the police bust in and grab your comp whether or not you agreed to the liscense in the software where it states you will not install "warez or illegal software" YOU are still charged with piracy. and under copyright law be taken to court for damages. I take back my earlier statement that the asshole EULA can't be enforced. It can actually, not all of it, but some of it can be UNDER COPYRIGHT LAW. Remember ignorance doesn't matter when it comes to law. License. A license is a contract in which a party with proper authority (the "licensor") grants permission for another party (the "licensee") to do something that would otherwise be prohibited. (Online Law) taken from http://www.siia.net/piracy/copyright/law.asp The Law in the United States Software is automatically protected by federal copyright law from the moment of its creation. The rights granted to the owner of a copyright are clearly stated in the Copyright Act, Title 17 of the US Code. The Act gives the owner of the copyright "the exclusive rights" to "reproduce the copyrighted work" and "to distribute copies ... of the copyrighted work" (Section 106). It also states that "anyone who violates any of the exclusive rights of the copyright owner ... is an infringer of the copyright" (Section 501), and sets forth several penalties for such conduct. Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except (i) copy the software onto a single computer and (ii) make "another copy for archival purposes only," which are specifically provided in the Copyright Act (Section 117). The license accompanying the product may allow additional copies to be made; be sure to review the license carefully. Software creates unique problems for copyright owners because it is so easy to duplicate, and the copy is usually as good as the original. This fact, however, does not make it legal to violate the rights of the copyright owner. Although software is a new medium of intellectual property, its protection is grounded in the long-established copyright rules that govern other more familiar media, such as records, books, and films. The unauthorized duplication of software constitutes copyright infringement regardless of whether it is done for sale, for free distribution, or for the copier's own use. Moreover, copiers are liable for the resulting copyright infringement whether or not they knew their conduct violated federal law. Penalties include liability for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying, or statutory damages of up to $100,000 for each work infringed. The unauthorized duplication of software is also a Federal crime if done "willfully and for purposes of commercial advantage or private financial gain (Title 18 Section 2319(b))." Criminal penalties include fines of as much as $250,000 and jail terms of up to 5 years. The Law in Canada Software is automatically protected by federal copyright law from the date of creation. The rights granted to the owner of a copyright are clearly stated in the Copyright Act, R.S.C 1985, c. C-42. The Act gives the copyright owner the sole right to produce, reproduce or publish the work or any substantial part thereof in any material form whatever, and to rent out the computer program (Section 3). It also states that "copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything that, by this Act, only the owner of the copyright has the right to do" (Section 27(1)), and that a copyright shall be deemed to be infringed by any person who sells or lets for hire, distributes, exhibits in public or imports for sale or hire into Canada any work that infringes copyright (Section 27(4)). Persons who purchase a copy of software have no right to make additional copies without the permission of the copyright owner, except for the right to make "a single reproduction for backup purposes" and "a single reproduction of the copy by adapting, modifying or converting the computer program or translating it into another computer language if the person proves that (i) the reproduction is essential for the compatibility of the computer program with a particular computer, (ii) the reproduction is solely for the person's own use, and (iii) the reproduction is destroyed forthwith when the person ceases to be the owner of the copy of the computer program (Section 27(2)(l) and (m)). Software creates unique problems for copyright owners because it is easy to duplicate, and the copy is usually as good as the original. This fact, however, does not make it legal to violate the rights of the copyright owner. The unauthorized duplication of software constitutes copyright infringement regardless of whether it is done for sale, for free distribution, or for the copier's own use. Moreover, copiers are liable for the resulting copyright infringement whether or not they knew their conduct was in breach of the law. Penalties include liability for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying (Section 35). In addition, copiers who knowingly infringe copyright may, on conviction on indictment, be fined up to $1,000,000 and imprisoned for a term of up to five years (Section 42). Use of Software Anyone who purchases a license for a copy of software has the right to load it onto a single computer and to make another copy "for archival purposes only." In Canada, the purchaser of a licensed piece of software has the right to load it onto a single computer and to make another copy "for backup purposes." It is illegal to load that software onto more than one computer or to make copies of that software for any other purpose unless specific permission has been obtained from the copyright owner or otherwise permitted in the license accompanying the software program. The law applies equally, for example, to a $25 game and a $750 project management program. Each product reflects a substantial investment of time and money by many individuals. Software development involves a team effort that blends the creative talents of writers, programmers and graphic artists. Piracy diminishes the value of a program and further, deprives the developers of fair compensation. Software piracy inhibits innovation. The software industry is filled with new developers trying to break into a crowded market. They can survive only if their products are purchased. Each theft makes staying in business more difficult. Rental of Software It has always been illegal to rent unauthorized copies of software. However, concern over the fact that the rental of authorized or "original" software frequently resulted in the creation of pirated software led Congress to enact the Software Rental Amendments Act of 1990 (Public Law 101-650), which prohibits the rental, leasing, or lending of original copies of any software without the express permission of the copyright owner. The same situation prevails in Canada. In 1993, Parliament amended the Copyright Act to include the rental of software as a distinct right which cannot be exercised without the express authorization of the copyright owner. These provisions came into force on January 1, 1994. Use of Software by Schools Public or private educational institutions are not exempt from the copyright laws. To the contrary, because of their unique position of influence, schools must remain committed to upholding the copyright laws. Just as it would be wrong to buy one textbook and photocopy it for use by other students, it is wrong for a school to duplicate software (or to allow its faculty or students to do so) without authority from the publisher.