Sunday 14 June 2015

me no understand


I have just been invited to update my Adobe Flash Player to version 18.0.0.160. Before I can do this I must first acknowledge that I have read and agreed to the "Adobe Software Licensing Agreement" which I can access through a hyperlink on the home page.

I rather foolishly clicked on this. The initial agreement is 10 pages long and comprises 48 separate clauses. 

Clause 1.3 specifically permits the use of their software only in accordance with the terms of the agreement and refers the user to additional terms and conditions through another hyperlink to their "End User License Agreement" page. This contains a large list of products although Flash Player v. 18.0.0.160 is not among them. To get to this, you have to go via another hyperlink to another document entitled "Adobe Products and/or Services Third Party Notices Additional Terms and Conditions" which is a 710 page document.

I am assuming that there is something relevant to the contract I am being asked to agree to but I have to admit, I haven't looked for it. As many of these additional terms and conditions refer the user on to further pages via further hyperlinks, I have no idea how big a task this would be.

There is nothing at all, as far as I can see that offers the user any protection at all in the event of the product being faulty. Indeed, they go to great lengths to ensure that whatever happens is your fault and they wrap this up in whole paragraphs of incomprehensible gobbledegook.

As for example, section 1.1 of the agreement reads:-

 THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS, AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES, OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

I have no idea what any of that means but get the vague feeling that if it all goes wrong, you are on your own mate.

All in all, I suspect that Adobe don't have much faith in their products if they are prepared to go to these sort of lengths to protect themselves in the event of them going wrong.


local wildlife



We have some Kestrels nesting in Thamesmead and they are doing a good job trying to make a dent in the local rodent population. I hope to be able to bring you some pictures of any chicks as and when they arrive. 


Hopefully, just to make everyone just a little less grumpy, here are some baby Mute Swans having a paddle.

ribbitt


Keeping on the subject of local wildlife. Anyone visiting Thamesmead Town Centre recently may have heard some really loud croaking, especially in the late evening. I am given to understand it is an African Bullfrog and the RSPCA have been trying to catch it without success. Quite how it got there is a mystery but you should be aware that they can be quite dangerous. (This is not a joke).

They can grow to up to 23 cm in length, weigh over 2 Kg and have teeth. They will kill and eat anything they can catch including insects, birds, reptiles and even each other. This is a picture of one, not taken by me. I will try and get an image of it if I can.

They will bite humans if interfered with so if you see it, DON'T TOUCH.




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