Hi.

Today (Nov 15) Evernote can be downloaded and installed for free:

http://www.giveawayoftheday.com/evernote/

Note that you have to install it today.

Franz

From the readme.txt file:

----- quote -----
Terms and conditions

Please note that the software you download and install during
the Giveaway period comes with the following important limitations:
1) No free technical support
2) No free upgrades to future versions
3) Strictly non-commercial usage
----- end quote -----

Franz

on GAOTD web they say Strictly personal usage
in readme they say Strictly non-commercial usage

it's highly controversial, since some software titles they featured, I can't even imagine to be used non-commercially given the nature of the software

I'm not a lawyer so can't comment much about legal validity and consequences of such kind of terms/appendix from a Ukrainian company registered on British Virgin Islands offering third party software for download.

However as a user, my opinion is that their main intention is to rule out possible legal problems from commercial sector (eg. if some company will download and deploy software from GAOTD to hundreds of their computers, and then demand compensation if some problems occur, cases like that), not to rule out people to "store their five invoices in the Evernote database" (for the lack of better example).

I'm not sure I understand your question. GAOTD is functioning as an agent of the third party developer. Are you thinking they offer third-party software without the third party's approval? The non-commercial use term is for the third party's benefit, so that some incentive remains for the user to upgrade. Same with inability to upgrade. The consumer's dilemma is what's the point of having software you can't upgrade. If you like the software, you probably want the latest version.

For Evernote, it's a particularly tough decision. Do you want to use a paid version that can't be upgraded, in place of the free version that can, where the free version has all the features you find relevant? The paid version basically adds ink and nothing significant more (except permission to use commercially). You'd think the decision is an easy "no," yet of course, I couldn't resist. Perhaps fortunately, the program failed to install, as some other downloaders have complained.

The GAOTD programs I have found lasting use for are utilities--e.g. "Actual Window Menu" and "In Control Startup Manager"--where I am less concerned about having the latest and greatest.

Thomas wrote:

on GAOTD web they say Strictly personal usage
in readme they say Strictly
non-commercial usage

it's highly controversial, since some software titles they
featured, I can't even imagine to be used non-commercially given the nature of the
software

I'm not a lawyer so can't comment much about legal validity and
consequences of such kind of terms/appendix from a Ukrainian company registered on
British Virgin Islands offering third party software for download.

However as a
user, my opinion is that their main intention is to rule out possible legal problems
from commercial sector (eg. if some company will download and deploy software from
GAOTD to hundreds of their computers, and then demand compensation if some problems
occur, cases like that), not to rule out people to "store their five invoices in the
Evernote database" (for the lack of better example).

I understand how GAOTD works, and I'm grateful for GAOTD as I could find a use for some titles from GAOTD.

All I wanted to express is my opinion that not only their "non-commercial usage" restriction sounds funny and self-defeating to me, it might also be that it's not valid, at least in some jurisdictions/for some users.
(and it was in reply to the post that Franz posted, not in reply to the Evernote offering)

Example: if I could find a use for the InControl Startup Manager, I wouldn't be able to run it on my desktop. I would have to prevent it from running any applications that I use for business purposes (email program, todo list, ......), as that would mean commercial usage of InControl Startup Manager.

I downloaded the project management software they offered, but what to do with it when it can't be used commercially? Probably only major house-building project is something I can imagine could justify a personal usage.

Got it. CRIMPing is even better when it's free!

Thomas wrote:

Example: if I could find a use for the InControl Startup Manager, I
wouldn't be able to run it on my desktop. I would have to prevent it from running any
applications that I use for business purposes (email program, todo list, ......), as
that would mean commercial usage of InControl Startup Manager.

You are asking, I think, whether usage counts as commercial, when commercial and non-commercial usage are inseparable. I think the clear answer is no. The license is ambiguous about what usage is prohibited. Under the rules of contract interpretation in just about any U.S. jurisdiction, any ambiguity is construed against the party drafting the contract. To prohibit you from using InControl just because it loads some commercial applications, GAOTD would have to be more precise in defining the prohibited usage. When the license refers to "strictly" prohibiting commercial usage, strictness goes to the prohibition, not to the usage.

Sorry I misunderstood you before, and I hope I got it right this time.