One more outrageous EULA attempts to own your code and fine you $2 million Tom offers us the latest contribution to the Wall of Outrageous EULAs. And this one certainly does argue for reading the darn things — especially if you are using the software in business. It also argues for educating your staff to read them and speak up if they see something that might come back to bite you.“For a completely over-the-top EULA, check out the one required to download an evaluation copy of School CheckIN (found at www.schoolcheckin.com),” says Tom. “By my reading, if one downloads the evaluation copy and subsequently decides to write up one’s own in-house database to monitor student and visitor check in and checkout, you are required to turn over not only all your work, IP rights, code, etc., but to pay them $2 MILLION dollars! This is even if your home-grown app does not use a single bit of their code. Just writing an app that does essentially the same thing as School CheckIN — track visitor’s arrival and departure, generate temp ID badges, etc. — you have violated their EULA and invoked the penalty clause.”The clause Tom refers to follows. I’ve edited it slightly for readability. In the event that a [user] … either develops a software application, markets or sells a software application and/or already has developed a software application, that is either similar to and/or identical to SchoolCheckIN shall be deemed in violation of this EULA…. Should the [user] develop and/or cause to be developed a software application either similar to or identical to SchoolCheckIN, then the AU and/or NAU agrees to immediately cease distribution of such software. Furthermore, the [user] will immediately transfer all ownership rights, intellectual property, copyrights, patents, trademarks, and development rights to such software to SI. In addition, the [user] shall also immediately transferred to SI all customers and/or business sales that may have arisen from the sale and/or use by the marketing of such software by the AU and/or NAU. In addition, as damages, the [user] agrees to immediately pay to SI the sum of TWO MILLION DOLLARS ($2,000,000.00).I forwarded Tom’s letter to SchoolCheckIN but did not hear from them.I have to agree with Tom here that it looks as if you better not agree to this EULA if you have any intention of developing software that serves a similar purpose. (Of course, the EULA would have to stand up in court before any of this “penalty” could come to pass.)Just as worrisome, though, I think, is this clause that stipulates that if you are just some guy who works at a place and you download this software and accept this EULA, the entire company is bound by it: Any [non-authorized user] acting as an employee and/or agent and/or representative of a corporation and/or limited partnership is hereby deemed authorized by that corporation and/or limited partnership and as such, the corporation and/or limited partnership is made a party to this EULA with full responsibility for any breach of this EULA.So let’s hope — if you do now or ever plan to develop software code for tracking visitors for schools — that your in-house bicycle courier didn’t agree to this EULA when you weren’t looking. Got gripes? (Or outrageous EULAs? Or contributions to the Bob Cratchit Hall of Fame?) Send them to Christina_tynan-wood@infoworld.com. Technology Industry