End User License Agreement strangeness from Macromedia

Matt Rice has discovered a strange EULA (End User License Agreement) from Macromedia. And at the same time he is proving that almost nobody ever reads those.

The EULA in question is the license agreement for the Flash Communication Server Components. It basically states:

You shall not (A) use the Developer Version for any application deployment in a live or stand-by production environment or staging environment, in each case, including, without limitation, in any environment accessed by application end-users including but not limited to servers, workstations, kiosks, and mobile computers, (B) use or deploy the Developer Version other than internally for the sole purpose of designing, developing, and evaluating applications pursuant to the terms and conditions set forth in this EULA

Matt has a longer excerpt from the EULA on his blog.

To me it seems like the EULA might have been put together a little fast and have parts left over from other licenses. At least, that is what I hope. Matt is checking with Macromedia legal to try to find out what this is really about. Is the EULA applicable to the Flash Communication server, and if so – why are Macromedia marketing the personal edition as one that can be used for deployment?

[Update]

Mike Chambers of Macromedia left a comment stating:

the EULA is the base EULA for all of our server products. The personal edition of the Flash Communication Server is not a Developer edition, and thus this section does not apply to the Flash Communication Server.

I guess the difference between the “Developer edition” and “Personal edition” is supposed to be obvious, but it isn’t for me. The names of the various server license types are so close that it would probably be better for Macromedia to have more spesific EULAs for each of their products. At least it would have avoided the confusion this time around.

[Via SwfNews]