> "You can currently freely run any proprietary program you can legally obtain a copy of."
> By doing so you indicate agreement to the contract and are legally bound by its terms.
No, I don't. I never signed a contract, never clicked an "I agree" button or checkbox, never opened a bit of shrinkwrap with a EULA sticker on it, and never provided any other affirmative indication that I agree to any contract. Nor do I need to do so, since without copyright I receive nothing from the contract and thus have no need to agree to it. Contracts require consideration provided by both parties; in that case at least one party (me) would receive nothing they don't already have, making the contract void in any case.
At least in the US, case law about EULAs can go either way, depending greatly on what constitutes "consent" or "agreement". All of those I've seen seem to agree that some explicit agreement must occur; they just disagree on what constitutes agreement. None that I've seen have suggested that use alone constitutes agreement.
Re: You?
> By doing so you indicate agreement to the contract and are legally bound by its terms.
No, I don't. I never signed a contract, never clicked an "I agree" button or checkbox, never opened a bit of shrinkwrap with a EULA sticker on it, and never provided any other affirmative indication that I agree to any contract. Nor do I need to do so, since without copyright I receive nothing from the contract and thus have no need to agree to it. Contracts require consideration provided by both parties; in that case at least one party (me) would receive nothing they don't already have, making the contract void in any case.
At least in the US, case law about EULAs can go either way, depending greatly on what constitutes "consent" or "agreement". All of those I've seen seem to agree that some explicit agreement must occur; they just disagree on what constitutes agreement. None that I've seen have suggested that use alone constitutes agreement.