Terms of use

Miva,

Some concerns and confusion were raised recently
regarding the terms of Empresa 5 and Merchant 5.

The blurb below was first seen at the EULA on
your Merchant 5 demo admin site last week.
Today it's on Empresa's download page instead:
<A HREF ="http://www.miva.com/products/virtualmachine">http://www.miva.com/products/virtualmachine</A>

>> > Miva reserved all rights to, at any time,
> replace, modify, alter, improve, enhance,
> or change the Software without prior notice. <<

Often a host or third party installs Empresa,=20
which may mean customers of Merchant may not
even be aware that this language may give Miva
a right to remotely access Empressa, putting their
customers' data, security, and privacy at risk.
The rest of the EULA is equally alarming.

Terms of use




Hi Users,

A few thins to point out about this...

1. It is not technically possible for us to remotely connect to any MIVA
Empresa installation. We would first need to get Telnet or Terminal
Services access to the server, with permission from the host, to do
anything with a MIVA Empresa installation. So there should be no worry
here.

2. This line was taken out of context. In the full context, you can see
that this does not refer to specific installations of the software. The
complete line, from the software license, is...

"MIVA is not required under this License to provide any
installation, training or other services to you. Such services, if
available, must be purchased separately. If, pursuant to a separate
support agreement or otherwise, MIVA provides you with a new release,
error correction, update, upgrade or other modification to the Software,
such modification will be deemed part of the Software, and subject to
the terms of this License, unless the modification is expressly provided
subject to a separate license agreement. MIVA reserves the right at any
time not to release or to discontinue release of any Software and to
alter prices, features, specifications, capabilities, functions,
licensing terms, release dates, general availability or other
characteristics of any future releases of the Software. Miva reserved
all rights to, at any time, replace, modify, alter, improve, enhance, or
change the Software without prior notice."

3. Versions of this line have been around since at least v2.x of Miva
Merchant, if not sooner. Here is the line taken from the license
agreement for Miva Merchant v2.25...

"5. MERCHANT contains valuable proprietary rights of Miva
Corporation. There is no transfer to LICENSEE of any title to or
ownership of MERCHANT or any copyright, trade name, trade secret, source
code, or other proprietary rights relating to MERCHANT, regardless of
the form that MERCHANT exists in. LICENSEE may not violate these rights,
and LICENSEE must take all appropriate steps to protect Miva
Corporation's rights. Miva Corporation may at any time replace, modify,
alter, improve, enhance, or change MERCHANT without prior notice."

Thanks.

Jimmy
=20
Miva Corporation
A FindWhat.com, Inc. Company
NASDAQ: FWHT

-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Steven
Estrada
Sent: Tuesday, May 03, 2005 8:54 AM
To: [email protected]
Subject: [m5u] Terms of use

Miva,

Some concerns and confusion were raised recently
regarding the terms of Empresa 5 and Merchant 5.

The blurb below was first seen at the EULA on
your Merchant 5 demo admin site last week.
Today it's on Empresa's download page instead:
<A HREF ="http://www.miva.com/products/virtualmachine">http://www.miva.com/products/virtualmachine</A>

>> > Miva reserved all rights to, at any time,
> replace, modify, alter, improve, enhance,
> or change the Software without prior notice. <<

Often a host or third party installs Empresa,=20
which may mean customers of Merchant may not
even be aware that this language may give Miva
a right to remotely access Empressa, putting their
customers' data, security, and privacy at risk.
The rest of the EULA is equally alarming.