And I seriously doubt they are going to push an update that changes the EULA silently. Do you have any evidence of this ever happening?
-Jibz
Hmmm...
From the Chrome EULA:
11. Software updates
11.1 The Software that you use may download and install updates automatically, from time to time, from Google. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Google to deliver these to you) as part of your use of the Services.
Ok...so Google can issue changes and/or updates to the software at any time and you agree to let Google install them. (I like the little tap dance where they say "You agree to receive them..." and "permit Google to deliver to you" instead of coming right out and just saying "You agree to allow Google to install software updates on your machine, as and when it sees fit.")
Then there's the EULA itself:
18. Changes to the Terms
18.1 Google may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Google will make a new copy of the Universal Terms available at http://www.google.co...en-GB/eula_text.html and any new Additional Terms will be made available to you from within or through the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated Universal Terms or Additional Terms.
Ok...so once you've installed Chrome and accepted whatever term and conditions existed at the time you installed it, you automatically agree to any changes and give them your implicit consent if you use the product after such changes were made. In short, no need to formally agree. If you use it - you have! Even if they change the terms and conditions after the fact.
Of course Google will post the text - and even provide you with the link for the current EULA - which it is your responsibility to monitor since they are under no legal obligation to bring subsequent changes to your attention beyond them telling you there WILL be changes - and if you're concerned about it please go to the weblink.
Now Google
could (like Apple's AppStore) periodically flash up a new consent form if the terms and conditions changed. But they don't. Or at least they don't
have to. See that weasel-word "may"? That puts you under obligation without creating a reciprocal responsibility on their end. They can send you a letter, an e-mail, have it popup in the app, or just post it somewhere on their website. See below:
19.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, letter post or postings on the Services.
But again - they only
may. Nothing says they will. Otherwise they would have said "will" instead of "may," Cute! Even Apple isn't quite that sleazy.
Not that Apple is worried in that regard. Their iPhone EULA is over 60 pages long last I checked. So I'm sure they're banking on nobody
actually reading it all that often - assuming many will read it at all.
Not that it matters...
Because if you do disagree with Apple on that point you'll also have to scrap your iPhone or iPad. And that's because their terms and conditions also cover
your use of
their hardware. Pretty sweet, huh? Nice to know all that cash you thought you laid out to
buy your iPad really only bought you the right to
use it. And furthermore, that right is subject to change without notice. Or negotiation.
Maybe it's time for a universal EULA that reads:
1. XXX retains
all rights and accepts
no responsibilities or reciprocal obligations for the use of their product.
2. Anyone who installs or uses any XXX product agrees to immediately and forever waive any and all legal and/or moral rights they may have as a condition of using same.
3. This agreement will remain in effect in perpetuity and may be modified at any time. XXX may, at its sole option and discretion, notify the users of such changes. But it specifically waives any formal requirement on its part to do so.
4. It is the sole obligation of the user of this product to remain informed of any changes to this agreement. User acknowledges and agrees that it is their sole obligation, and specifically waives any requirement of notification by XXX for any changes in the agreement.
5. User further acknowledges that any and all items found in the most current terms and conditions are binding upon them as a condition of their using this software product; and agree that they shall be bound to such terms and conditions even if not specifically aware of them (or such changes made to them) at the time of their using said product.
6. XXX will make a best effort to publish any changes to the terms and conditions on a timely basis and make them available at this link: <wblink here> but is under no formal obligation to do so.
-----------
There ya go. Six items of gobbledygook that cover just about everything a 20 page EULA does. And with 90% of what most of them boil down to covered by Item #1 alone. How's that for data compression?
