Many of us have at least once installed any programs on our computer, and so at the beginning of installing any application, we are asked to read some text with subparagraphs and check the box below “I have read and agree with the requirements.” This text is called a software license agreement. Most people don’t even read this kind of information, and this happens because it would be much easier for a modern person not to pay attention to it than to devote 10 minutes of his time to reading. Let's take a closer look at this issue and make sure that reading and understanding the essence of such texts is mandatory for every software user.

General concepts

Let's start with the very concept of a license agreement (hereinafter referred to as LS) - on the transfer of rights to use licenses, know-how, trademarks, etc.

The owner of the invention who gives his consent to the use of the patent is called the licensor, and the one who receives permission is called the licensee.

Let us briefly outline the responsibilities of both.

The licensor is responsible for:

• ensuring the opportunity to exercise the rights transferred to them;
• novelty and relevance of the invention;
• economic efficiency of the patent within the contract;
• timely payment;
• transfer of all innovations developed during the validity of the agreement.

The licensee is responsible for:

• timely payment of remuneration;
• compliance with technical and quality standards in order to maintain the reputation of the licensor;
• immediate notification in case of patent infringement;
• safety of secret data, in case of loss of which the licensee is obliged to compensate for all damages associated with this situation.

Classification

The following types of agreements are distinguished:

1. Patent licenses. Agreements of this type are often used in industrial production, when transferring certain technologies with subsequent rights to use them. Often these types of arrangements are legally protected. Also, licenses of this type can be divided into several - trademarks, inventions, industrial products and others...
2. Licenses for "know-how". Here, the latest technologies, equipment that is at the development stage, but has prospects, and unique information about a particular invention can act as patents. Since know-how refers to patents that can be created by any person, both its registration and the transfer of rights are formalized as separate drugs. For example, in the USA, it is customary for many companies to transfer their developments through an agreement rather than in the form of a patent. Because in the case of a patent, the essence of the technology has to be revealed.
3. Mixed licenses (complex). In the world, licensing in its pure form is rarely used in any industry. To use this or that invention, you will have to make every effort to pass checks, etc. It is in such situations that the advantages of a mixed license appear. The essence of this agreement is that first the “know-how” prototype itself is completed, and only then, after checking its performance, a deal is concluded. From a legal point of view, this approach is ideal, since in case of failure, you can cancel the previously agreed upon situation, and also, under the contract (if it is stipulated in it), receive compensation for incorrectly invested funds. On the other hand, the disadvantage is that this procedure will take a long time and is costly on the financial side.

Types of agreements according to the scope of transferred rights

1. Simple - also sometimes called non-exclusive. Here the licensor can either use his knowledge and developments himself or transfer them to licensees. Multiple transactions with the same agreement on the relevant market are allowed. That is, the transaction that was completed does not have the nature of attaching one license to a specific owner. The licensor retains the right to sell its development to anyone other than those whose names are indicated in the agreement. It follows that it is possible that the seller and buyer of technology may meet in the same market and face competition.
2. Exclusive - this type of license vetoes the licensor’s use of its own technology, and in turn, the licensee has every right to enter the market after concluding an agreement. In this case, the risk of meeting between them on the same market is reduced to zero, but if one of the participants breaks the rules, the violator will have to compensate for the damage.
3. Complete - the licensor’s refusal of his idea, all rights to own it are transferred to the licensee for the duration of the contract.
4. Open - the license is issued in a special patent office. Any interested person has the right to it, and the patent fee is two times lower than the original value.
5. Compulsory - transfer of rights to use the object to other interested users through the competent authorities.

Now let's talk directly about drugs in the computer field. The essence is no different from the usual agreements described above. With the help of a license, the creator of the software (hereinafter referred to as the software) sets ultimatums, subject to which the user is given the right to use the application.

Basically, they can be divided into two large groups: free (free and open) and non-free (commercial, that is, paid). There is also a type that belongs to both the first and second groups, this is a shareware license, the trick is that you can use the product, but not the full range of its capabilities, until you pay for the full version.

• Free - Freeware, GPL, Adware, Postcardware, Donationware, Nagware/Begware.
• Open - open source open source programs that are subject to modification and change
• Shareware - ShareWare, TrialWare, Demoware.
• Commercial - the purpose of such is to benefit, to make a profit from the user and to issue him a product key with which he can work with the software.

Types of licensing

OEM (from English: Original Equipment Manufacturer - original manufacturer of the product). This type is often used in relation to the Windows operating system. Its peculiarity is that it is available only to assemblers and sellers of computer equipment. The price is an order of magnitude lower and it comes with the computer itself. That is, when purchasing a computer, the user can work with a specific program that is already registered. It can only be used on one computer.

Full Package Product is the so-called “boxed” version of the product. It is a complete set of software for further installation and use. It includes:

• packaging with a COA certificate of authenticity attached;
• EULA license agreement documentation;
• software installation disk;
• 25-digit product registration key.

This version is suitable for all categories of users. Among all types of licensing, FPP is considered the most expensive, but the cost depends on the version you want to purchase. For example, a business will be much more expensive than a home or academic one. But the peculiarity is that the “boxed” version can be installed on different computers, but a certain number of times.

Volume Licensing is a very convenient way out of the situation when you have a headquarters of a hundred people, and everyone has a PC. When ordering one such version, a certain number of devices, which were specified in the application, receives a license. Everything is registered to a specific person, and he is also given keys for the purpose of activating products on computers.

Often, with such orders, companies try to make all sorts of discounts for customers and provide them with high-quality technical support. This is the best solution at the moment for any company. There are two types of such licenses:

• Company-wide (purchase of rights for all devices listed in the enterprise in installments, in other words, standardization of the enterprise).
• Noncompany-wide (purchase for several groups of computers).

The difference between them is that the first type most often provides discounts and benefits. The advantages of this type of licensing:

• A general electronic license for the entire enterprise, which allows you to place new orders.
• Reducing costs for purchasing original software.
• Timely and high-quality technical support with the ability to call a specialist.
• Free software updates, the ability to install Office products on other devices with the ability to transfer data and retain the product license.

An advantageous version that is suitable for large companies that from time to time need high-quality technical support and a non-standard solution to a particular situation.

Subscription - the user buys his product and pays for it, figuratively speaking, on credit. Subscription to this type of purchase requires monthly or annual payments. This type is convenient for companies that buy more than ten licenses. Advantages:

• Ease of managing all licenses.
• Ability to use all software updates immediately after their release.
• Discount from 5% for registering more than 250 PCs, or for purchasing all three types.
• 50% discount on the first payment if older versions of software are already installed on the devices.
• Beneficial program for government agencies.

This version is for those who are not sure how long they will need this product, or those who will need this software for a short period of time.

EULA Agreement

EULA (End User License Agreement - license agreement "\u003e user license agreement) - when installing the software, a window appears in which you are asked to accept certain conditions in order to gain access to a particular program. This is a document that regulates the user's rights in license provided to him. It contains information such as the number of possible installations of the software, the ability to transfer it to another computer, the presence of Microsoft technical support, and whether this software needs to be activated.

Windows License Agreement Terms

As an example, we will consider the terms of the OEM version. The rights to use such versions are controlled by the EULA. It includes the following license agreement rules:

• Only manufacturers or those who assembled the PC should open the box with the OEM version of products;
• in its turn. the assembler does not have the right to use the product that he installs on the device, he sells it to third parties (the exception is the Windows Server operating system, it can be transferred without installation to other parties);
• the buyer who purchased the computer will be required to receive technical support for the software from the manufacturer;
• the assembler transfers the complete license set to the user.

The license package includes:

• A medium (disk) for restoring data on the device (major computer manufacturers have been moving away from this practice lately, but if they request a request from Microsoft, physical distributions will be prepared for a specific OEM version).
• A certificate confirming the authenticity of the operating system. For stationary PCs, it is glued either to the monitor or to the system unit, for laptops or portable ones - to the bottom of the case, but if the device has a removable cover, then the license icon is attached under it and information is provided that it is located there.
• Documents and instructions for working with the software, which include the terms of the license agreement, which must be in printed and electronic form;

In case of unforeseen circumstances, in order to ensure that your device had the official version of the product, the manufacturer may require you to show the sticker mentioned above.

Windows 10 LAN features and updates

With the release of a new version of Windows, many users rushed to download and install it. Indeed, the updated interface, beautiful animations, multitasking, the performance of the new operating system - all this is at the highest level. The Windows 10 license agreement has also been updated. But in fact, there are also negative qualities of Windows 10 that will make you think twice before installing it as an OS. Below we will describe the advantages and disadvantages of the new drug.

Let's start with the advantages of official agreements:

• The right to transfer a Windows 10 license to another computer. Indeed, a very tempting feature, because previously it was impossible to transfer your system to other machines. But those who purchased their operating system (OEM version) along with their PC are out of luck; in this case, transfer will not be possible. The same rules apply for 7 and 8.1.
• Right to downgrade to an older version. If you buy, for example, a laptop with the OEM version pre-installed, then you are in for a pleasant surprise. If you don’t like the new OS or want to see the good old Seven and work with it more conveniently, then thanks to this function you have the legal authority to downgrade to the previous version if the ten-year support period has not expired. That is, Windows 7 will be available for migration until 2020, and Windows 8 until 2023.
• According to the terms of the new Windows license agreement, the user does not have the right to cancel the download of automatic Windows 10 updates; now this process will occur automatically. Windows Update will periodically check your computer for updates and install them without permission. On the one hand, this approach makes it easier to work on the computer, since you don’t need to look for any updates on the Internet and then struggle with installing them; on the other hand, this can lead to some malfunctions in the device. “By accepting these terms, you agree to receive automatic updates without further notice,” the user agreement states.

Now let's look at the disadvantages:

• Function of synchronizing user data with the Microsoft server. To be honest, it’s not a good idea to gain the trust of users around the world. It allows you to save your personal data, such as browser history and passwords entered in it, names and passwords of wireless access points that you use. Of course, synchronization can be canceled, but from the very beginning of use it is in default mode.
• What surprised many was that Cortana is allowed to collect different types of user data, such as:

User location coordinates;

Data on telephone calls, at what time and how many there were;

Fragments of correspondence by mail and SMS messages;

Events scheduled on your calendar.

• The encryption keys that you can use to encrypt all the data on your computer using the well-known BitLocker program, as the license says, will be stored in the One Drive cloud, which, in turn, is controlled by Microsoft. These actions on the part of the company defeat the purpose of encryption in Windows 10. We advise you to install a third-party data encryption program that you can trust.
• And the most exciting thing is that now the corporation can manage your data. Quote from PM:

We will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary to protect our customers or enforce the terms governing the use of the services.

Personal correspondence, local files and other personal information can be disclosed not only at the request of the authorities, but simply if Microsoft feels that this is necessary for some kind of protection of their customers.

"The license agreement could not be found" - Windows error during installation.

Sometimes users who want to install a brand new OS are faced with one problem, which later turns out to be very easy to solve. “The program could not find the license agreement">license agreement" - this is approximately the wording of our trouble. Most often, this problem occurs for three reasons:

1. Problems with the ISO file - such problems happen due to the fact that the user downloads the assembly from pirated resources, where they are collected by beginners and amateurs, not much different from you and me, and experimented on users. The solution to this problem will be to download the distribution kit from the official website and record it again on another medium.
2. Incorrect recording of the distribution image - the problem occurs due to a minor error when mounting it on a solid-state drive. This type of error can be corrected by making a new recording or by changing the program for burning discs.
3. Malfunction or problems with flash or DVD media - the name reveals the very essence. There is a malfunction in the device itself from which the boot files are installed. The logical solution would be to change the device, but it should be noted that such an action requires good gadgets purchased from a specialized store. Because when you buy a flash card somewhere on the street, you not only risk being left without money, but also introducing a harmful virus.

Summary

In conclusion, I would like to note that in the modern world it is very important to respect the rights of those who are trying to make life easier for ordinary people. In the cyber domain, this can be done through rules, licenses, and conditions that are not that difficult to comply with. We hope that after reading this article, you have understood all aspects of licensing agreements, and you will not have any questions related to this topic.

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Lawyers read the Windows 10 license agreement and grabbed their heads

Problem No. 1: Microsoft collects and stores the history of web pages visited by the user, passwords to sites, names of access points to which the user connected, and passwords to them. The problem is that the data is tied to a Microsoft account, the password for which can be hacked or stolen. In this case, the attacker will be able to find out literally everything about his victim. In addition, US law requires IT companies to disclose information about their clients at the request of the court and intelligence services. It turns out that in fact the user himself collects and sends a dossier on himself, which can be used against him.

Of course, data synchronization can (and should) be disabled. Microsoft decided to enable this option by default. Apparently, in the hope that most Windows 10 users are unlikely to become interested in the details of the implementation of this so-called synchronization.

Problem No. 2: the virtual assistant Cortana, which many have already called the virtual spy Cortana. According to the Windows 10 license agreement, Microsoft has the right to collect various types of user data to operate Cortana:

• user coordinates;
• fragments of mail correspondence and SMS;
• data on calls made: who called whom, how often.
• data about scheduled events from the user calendar;
• data from the contact book;
• and etc.

In addition, for the service to operate, information about the use of your device will be collected: what time the alarm is set, what music is on the device, what programs have been installed, what search queries have been made, etc. Of course, user voice samples will also be transferred to Microsoft servers for processing.

Don't forget to disable advertising ID sharing on all your Windows 10 devices!

Problem #4. The encryption key is also stored by Microsoft. This is surprising, but if you encrypted your data on the device using the standard BitLocker program, then Not only will you have the data access key, but Microsoft will also have it. The Windows 10 license states that the password will be copied to OneDrive servers controlled by Microsoft. As mentioned earlier, the company will be obliged to issue this key upon request of the authorized authorities, which deprives encryption in Windows 10 of any meaning.

Be sure to install a third-party encryption program that you can trust.

Problem #5. Microsoft may control your data. This is just an amazing clause in the Windows 10 license:

We will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary to protect our customers or enforce the terms governing the use of the services.

Personal correspondence, local files and other personal information can be disclosed not only at the request of the authorities, but simply if Microsoft shows up that this is necessary for some protection of their clients.

Add-ons

August 6: After the lawyers, fans of computer games read the agreement. They found out that automatic updates will be released for Windows 10, which will clean the computer of unlicensed games. In addition, the license contains a very strange clause that gives Microsoft the right to disable certain unauthorized devices on your computer. Perhaps we are talking about computer peripherals that are not certified by Microsoft. For example, third-party controllers for Xbox.

While the most frivolous Microsoft fans are installing Windows 10 with puppyish delight, their wiser colleagues are carefully studying the text of the license agreement. Let us remember that the trial version of Windows 10 contained many conditions that were unacceptable to a sane person. Were these points retained in the final version?

Problem #1

Microsoft collects and stores the history of web pages visited by the user, passwords for sites, names of access points to which the user connected, and passwords for them. The problem is that the data is tied to a Microsoft account, the password for which can be hacked or stolen. In this case, the attacker will be able to find out literally everything about his victim. In addition, US law requires IT companies to disclose information about their clients at the request of the court and intelligence services. It turns out that in fact the user himself collects and sends a dossier on himself, which can be used against him.

Of course, data synchronization can (and should) be disabled. Microsoft decided to enable this option by default. Apparently, in the hope that most Windows 10 users are unlikely to become interested in the details of the implementation of this so-called synchronization.

Problem #2

The virtual assistant Cortana, which many have already called the virtual spy Cortana. According to the Windows 10 license agreement, Microsoft has the right to collect various types of user data to operate Cortana:

• user coordinates;
• fragments of mail correspondence and SMS;
• data on calls made: who called whom, how often.
• data about scheduled events from the user calendar;
• data from the contact book;
• and etc.

In addition, for the service to operate, information about the use of your device will be collected: what time the alarm is set, what music is on the device, what programs have been installed, what search queries have been made, etc. Of course, user voice samples will also be transferred to Microsoft servers for processing.

It should be noted that some functions will not traditionally work for Russian users, including Cortana.

Problem #3

Third party user tracking. It is already known that Windows 10 will be filled with advertising. This explains the “generosity” of Microsoft, which decided to distribute Windows 10 for free. In order to inventory all advertising consumers, they will be assigned a unique identification number (advertising ID). Advertisers will have access to this number. In other words, marketers will be able to track user behavior. Like all other "innovations" in Windows 10, user tracking by unique number was borrowed.

Don't forget to disable advertising ID sharing on all your Windows 10 devices!

Problem #4

The encryption key is also stored by Microsoft. This is surprising, but if you encrypted your data on the device using the standard BitLocker program, then not only you, but also Microsoft will have the key to access the data. The Windows 10 license states that the password will be copied to OneDrive servers controlled by Microsoft. As mentioned earlier, the company will be obliged to issue this key upon request of the authorized authorities, which deprives encryption in Windows 10 of any meaning.

Be sure to install a third-party encryption program that you can trust.

Problem #5

Microsoft may control your data. This is a simple amazing clause in the Windows 10 license:

We will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary to protect our customers or enforce the terms governing the use of the services.

Personal correspondence, local files and other personal information can be disclosed not only at the request of the authorities, but simply if Microsoft feels that this is necessary for some kind of protection of their customers.

And gullible users have long rushed to install it. Some people talk about an increase in productivity in games and programs, since the operating system code is already being revealed to the maximum for the needs of developers. Now all the strengths of operating systems of previous generations are taken into account. Design has become easy and fast, the computer thinks out almost everything for the user and helps him do his work more comfortably. Updates are installed automatically, so you don't have to worry about patching vulnerabilities.

But is everything so fabulous in the promises of Microsoft employees? Naturally, reading a license agreement is quite a tedious task, so consumers rarely know what they are ultimately agreeing to. But at the same time, you can write whatever you want there. Since people don’t read, there is no one to control what is written. Considering that experienced lawyers can write unnoticeable loopholes into contracts, then unreadable agreements will break the devil’s leg. But still there are vigilant minds who do not disdain a huge number of words and overcome line after line. So you can try to figure out what Windows 10 has in store for us after its installation.

Unpleasant spy surprise

This news has long spread across the vast expanses of the Internet. and sends it to Microsoft servers. This process applies to almost everything:

• Browser history with all pages ever visited.
• Passwords that have ever been filled in on websites.
• The names of all Internet access points to which the user has ever connected, taking into account their passwords.

All this personal data is necessarily associated with the user's account in the system from Microsoft. For some advanced guys, hacking an account is not difficult. Not only can attackers now find out almost everything about their victims, but the government can also demand this information by court order. As a result, it turns out that a simple user collects data on himself, which will then be used against him.

Fortunately, . Microsoft generously provided this opportunity, but it is hidden from the eyes of typical users. Most people are generally accustomed to big companies thinking for them, but it’s better to stop this business, because it won’t lead to any good.

Insidious Cortrana

The license agreement also states that the Cortrana voice assistant does not work in Russia, but it successfully collects user data. Cortrana monitors:

• Your user's location;
• By mail and SMS;
• All calls made;
• Calendar and events scheduled on it;
• Contacts;
• Alarm setting time;
• Favorite music;
• The number and specificity of programs;
• Search queries.

Tracking by ID

Windows 10 is not being distributed for nothing. This operating system is full of advertising that continuously attacks the owner of a computer or mobile device. To get the most out of these ads, you should keep a record of all users. Naturally, like goods in a warehouse, each consumer is assigned a specific identification number. Microsoft calls this thing Advertising ID. Access to such a number is given to advertisers who find it beneficial to broadcast their ads and videos to the target audience, because they are the ones who are potentially ready to buy something. It’s better to deprive Windows 10 of this opportunity and not help fool yourself for your own money.

Microsoft has a password for everyone

Often, users do not want to show some of their data, which could transfer control of funds or devices to third parties. But Microsoft frankly believes that it can absolutely safely know all this encrypted data. This way, access keys are stored not only by the Windows 10 user, but also by the company that developed this operating system. Naturally, a craftsman with straight arms from his shoulders and special organs will be able to easily access such secret information of everyone. In this case, it is better to install an encryption program from a third-party developer.

What was yours is now ours

Windows 10 can use user data as it wishes. This is stated in the license agreement.

All personal communications and files may be disclosed by Microsoft at its sole discretion. What if it seems to her that the user is hostile to others? Or maybe he's breaking the law. Or maybe he violates the copyright rules. Then try to prove that you are not a camel when every word you say is written down, ordered and systematized in a special data bank.

Gamer problem

Playing on Windows 10 will also be problematic, since the operating system tracks the license for the installed software. If you don’t have the key to your favorite game, then you can solemnly say goodbye to it. And what should those who simply do not have the funds to purchase a certain game do? After all, the most popular of them can cost several thousand rubles. Windows 10 encourages schoolchildren to save until the game becomes obsolete. It is no secret that even in times of economic growth, it has always been a problem for Russians to buy a license. After all, incomes are not particularly high. Now this situation is considered even more strange. If people don’t have enough for food and loans, then what kind of games can we even talk about?

A little paranoia

You can’t help but think about films and books that talk about a future where every person is absolutely transparent about their personal data. Companies know who you are, where you live, what you like, what you plan to do. Unfortunately, fantasy is becoming more and more reality. What will save you is that there are a lot of people and there are not enough human resources to monitor everyone. But it’s better not to give these smart guys from the computer giants an extra chance.

After all, smart people are learning more and more, and stupid people are increasingly being led by bright pictures and words from the Internet and TV. Maybe we have simply lost our personal thoughts in order to allow such brazen interference into our lives?

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Some of the items that the average user agrees to when installing Windows 10 are indeed suspicious. All of them are directly or indirectly related to the synchronization of user data with Microsoft services (such as Maps, Bing, and so on). Also, special attention is paid to the Cortana voice assistant, which can collect information from a wide variety of applications on any Windows 10 device, be it Windows 10 Mobile or the regular desktop version. It may seem scary that the item even lists the Contacts, Messages and Phone applications. Are we really being watched, are we really, as some resources write, “we ourselves are preparing incriminating evidence against ourselves”?

The rest of the synchronized data is also transferred so that the same “synchronization” function occurs - having determined the date of birth of your friend in the calendar on your phone, you will receive a notification on this wonderful day on your computer if both devices work with the same account. In my opinion, this is a wonderful function that is also used in other operating systems (but only Windows 10 has some questions).

Thus, any information stored on Microsoft servers is in some way related to their services. The Account stores your personal information, Maps stores your location, the Store stores your transaction history and card numbers synced to it, and Cortana stores any personal information you have authorized it to use. The same Microsoft Edge stores data about your search history only in your account for synchronization, if this is enabled.

Where such confidence? We rely on the data declared in the privacy statement accepted and approved by the global community. Such documents always contain truthful information, and are most often written in small print and no one reads them :)

But Microsoft is not hiding anything, and the official page says:

"We disclose personal information with your consent or as necessary to complete a transaction or provide services you have requested or authorized. We also disclose information to Microsoft-controlled affiliates and divisions; to contractors working on our behalf; as required by law or to defend legal action process."

It turns out that Microsoft stores your data and discloses it only in certain cases, for example, by court order. Alas, any company operating in any country must release data of a specific user if this will help in resolving serious situations. But this is all official and can never happen without a decision from you or the state authorities. By the way, the company stores your data, but it is not able to use it without your or legal intervention. Therefore, the confidentiality of your data is guaranteed, and all photos, messages, call history synchronized into the services are necessary for the proper functioning of the services on different devices.

All Google applications work on a similar principle. Your Google account synchronizes their data and stores it on the server, but only in this case, without any “acceptance” of this condition. (These terms may also be written in Google's terms of use agreement.) Calls, locations, purchases are also stored - in general, everything that Microsoft stores. With all this, it is very difficult to disable this synchronization, and the device always tries to connect all services to your linked account.

Still worried about the safety of your data? For some reason, it's worth considering that Microsoft doesn't really care whether you synchronize your data or not. All this is necessary for the correct operation of applications and services: if you have lost your phone, you can find it by the location sent by the smartphone to the service. If you disable the location search function, this service will not work. And all the data that you send from your devices is used in much the same way. For your own convenience. But if you are worried about the safety of your personal data, refuse it. This can be done simply from the privacy settings in Windows 10. You can turn off location search, message reading, camera use and everything else. The same is written on the official privacy page: “You can opt out of our use of your information at any time”:

"You can also control whether Microsoft collects and uses your data. How you can access and manage your personal data depends on the service you use."