The reverse click-through EULA to cancel software audits

The reverse click-through EULA to cancel software audits

Playing software vendors at their own game

I was speaking to Jochen Hagenlocher on The ITAM Review podcast recently (My recording with Jochen will go live in the New Year).

Jochen shared a smart idea for thwarting audits before they start – The reverse click through EULA.

What is a click-through EULA?

A click through end user license agreement is whereby a user of software must click “I agree” to the terms in order to use the software – so the user unwittingly agrees to terms in the small print in order to use or install software.

We’ve written before about the perils of click through licensing. Everyone knows the biggest lie on the Internet is “I’ve read the terms and conditions”.

See Dangers of click-through licensing, EULAs explained in simple terms and Time to kill the EULA? Printer company Lexmark lose supreme court battle.

The reverse click-through EULA trick

Jochen’s idea is to use the EULA in reverse as follows:

1. Anyone answering an RFP at his company must download the RFP from the company website
2. By downloading the RFP document the individual must accept the EULA for the RFP
3. The RPF EULA stipulates that by reading the RFP the company forfeits all audit rights for 12 months

So for example, an Oracle sales rep accepts the EULA to download and peruse the RFP (Just to read it, not to respond to it), by downloading he has removed all Oracle audit risk for 12 months. I’ve spoken to ITAM Review readers over the years that have stipulated participation in a tender cancels audit rights – this takes it to a whole new level.

Underhand? Foul play? No, just playing vendors at their own game. They’ve been using surreptitious EULAs and heavy handed sales techniques for decades – why not fight back using the same techniques?

Do you think this idea would work? Do you operate a similar reverse click through EULA technique or other means of thwarting audits before they begin? Please contact me or share your views in the comments.