EULA for a DRE (Digital Recording Electronic) voting machine.

Disclaimer: This is a work of fiction (and really the only interesting bit is at the end.) It is, however, based on very real concerns about voting machines with no audit trails, a rather grave matter to anyone familiar with digital fallibility and tamper-ability. If you are interested in this issue, I suggest http://www.blackboxvoting.com

IMPORTANT: READ CAREFULLY: This Big Voting Machine Company End-User License Agreement (“EULA”) is a legal agreement between you (a city, state, or distributor) and Big Voting Machine Company for the Big Voting Machine Company product identified above, which includes computer software, hardware,and may include associated media, printed materials, and “online” or electronic documentation (“VOTING MACHINE”). The VOTING MACHINE also includes any updates and supplements to the original VOTING MACHINE provided to you by Big Voting Machine Company. Any software provided along with the VOTING MACHINE that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the VOTING MACHINE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the VOTING MACHINE; you may, however, return it to your place of purchase for a full refund.

The VOTING MACHINE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. GRANT OF LICENSE.

This EULA grants you the following rights:

  • To intall and use the VOTING MACHINE for public access pursuant to any national, state, or local election.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  • Limitations on Reverse Engineering, Decompilation, and Disassembly.
    You may not reverse engineer, decompile, or disassemble the VOTING MACHINE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • Separation of Components.
    The VOTING MACHINE is licensed as a single product. Its component parts may not be separated for any other use.
  • Rental.
    You may not rent, lease or lend the VOTING MACHINE.
  • Trademarks.
    This EULA does not grant you any rights in connection with any trademarks or service marks of Big Voting Machine Company.
  • Support Services.
    Big Voting Machine Company may provide you with support services related to the VOTING MACHINE (“Support Services”). Use of Support Services is governed by the Big Voting Machine Company polices and programs described in the user manual, in “on line” documentation and/or other Big Voting Machine Company-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the VOTING MACHINE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Big Voting Machine Company as part of the Support Services, Big Voting Machine Company may use such information for its business purposes, including for product support and development. Big Voting Machine Company will not utilize such technical information in a form that personally identifies you.
  • Termination.
    Without prejudice to any other rights, Big Voting Machine Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the VOTING MACHINE and all of its component parts.

3. COPYRIGHT.

All title and intellectual property rights in and to the VOTING MACHINE (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the VOTING MACHINE), the accompanying printed materials, and any copies of the VOTING MACHINE are owned by Big Voting Machine Company or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the VOTING MACHINE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Big Voting Machine Company.

4. U.S. GOVERNMENT RESTRICTED RIGHTS.

The VOTING MACHINE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software–Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Big Voting Machine Company

5. EXPORT RESTRICTIONS.

You agree that you will not export or re-export the VOTING MACHINE to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export the VOTING MACHINE: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end-user who you know or have reason to know will utilize the VOTING MACHINE or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

6. NOTE ON JAVA SUPPORT.

THE VOTING MACHINE MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

LIMITED WARRANTY.

Big Voting Machine Company warrants that (a) the VOTING MACHINE will perform substantially in accordance with the accompanying written materials for a period not to exceed thirty (30) days after first election held after receipt, and (b) any Support Services provided by Big Voting Machine Company shall be substantially as described in applicable written materials provided to you by Big Voting Machine Company, and Big Voting Machine Company support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the VOTING MACHINE, if any, are limited to ninety (30) days after the date of election. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES.

Big Voting Machine Company’s and its suppliers’ entire liability and your exclusive remedy shall be, at Big Voting Machine Company’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the VOTING MACHINE that does not meet Big Voting Machine Company’s Limited Warranty and that is returned to Big Voting Machine Company with a copy of your receipt. This Limited Warranty is void if failure of the VOTING MACHINE has resulted from accident, abuse, or misapplication. Any replacement VOTING MACHINE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Big Voting Machine Company are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG VOTING MACHINE COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE VOTING MACHINE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIG VOTING MACHINE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF VOTING INFORMATION, INACCURATE COUNTS, REPLACEMENT ELECTIONS, MODIFICATION OF RESULTS BY AN OUTSIDE PARTY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE VOTING MACHINE OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BIG VOTING MACHINE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BIG VOTING MACHINE COMPANY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE VOTING MACHINE OR U.S.$50.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A BIG VOTING MACHINE COMPANY SUPPORT SERVICES AGREEMENT, BIG VOTING MACHINE COMPANY’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Posted Friday, December 12th, 2003 under Humor.

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