EULA link broken

[IzzySoft]

From the end of your Readme:

The EULA can be found here. By downloading, installing, or using this app you agree to the terms of the EULA.

Some issues with that.

First, the link leads to a page one cannot even read that EULA without allowing a bunch of trackers, walking through a consent banner, reaching a security-error page – and finally end up on a page telling you "Oops! The policy is not here." Maybe there are some technical reasons causing this issue (I was using Tor browser as I didn't trust those third-party-inclusions – but there's also the fact that app.termly.io doesnt seem to allow embedding their page)

Second, doesn't such an EULA essentially make the app non-libre? I wonder how that fits with the LGPL license you applied? That EULA restricts the use the license grants (I say so without having been able to read the EULA, as the license IMHO (IANAL) does not require my agreement to additional terms). I might be wrong here of course – just expressing my confusion.

[linsui]

I have to disable uBO to make that page work. Could you use a plain HTML page for that instead? That works on more browsers.

[androidacy-user]

Thank you for sharing your concerns about Androidacy's EULA in relation to the FoxMMM project and the LGPL license. I understand your apprehensions, and I would like to address your points to clarify any misunderstandings.

First, I apologize for any inconvenience you experienced while trying to access our EULA. Ensuring that users can easily review and understand the terms they are agreeing to is of utmost importance. Please note that our EULA is hosted by Termly, a reputable third-party service provider that specializes in legal document management. We confirmed the page does indeed load both with and without AdBlock on.

Regarding your second concern, it is essential to clarify the relationship between Androidacy's EULA and the LGPL license. The LGPL, or Lesser General Public License, is a free software license that allows for more permissive use of licensed software. It grants users the freedom to use, study, share, and modify the software, as long as specific conditions are met.

On the other hand, Androidacy's EULA governs the use of our application built on top of the LGPL-licensed FoxMMM project. The EULA does not contradict or infringe upon the terms of the LGPL. Instead, it complements the LGPL by establishing additional rules and guidelines for using our specific application. This is within our rights as developers of the app, as the LGPL permits us to add our own terms and conditions for the use of our software, as long as these terms do not restrict the freedoms granted by the LGPL.

It is also important to note that the LGPL does not preclude the addition of EULAs or other agreements to an application, as long as the application does not impose additional restrictions on the user's rights under the LGPL. Androidacy's EULA is designed to be in full compliance with the LGPL, and it does not impose any restrictions that would conflict with the LGPL's provisions.

In conclusion, Androidacy is within its rights and applicable laws to apply the EULA on top of the LGPL. The EULA does not contradict or infringe upon the LGPL; instead, it complements it by providing additional guidelines for using our specific application. We appreciate your concern and hope this explanation clears up any confusion you may have had. Please feel free to reach out if you have any further questions or concerns.

[IzzySoft]

PS: My confusion was just mitigated a bit when I found the proper URL and finally able to see the EULA at https://app.termly.io/embed/terms-of-use/5a2ec9c3-7f2a-41da-b5f7-db8e7e13b885 – so my fears of "non-libre" at least are gone seeing this:

Sorry, had to screenshot it as the page doesn't allow copying the text). That means the EULA only applies to downloads via Play Store – which was not clear from the Readme. So apologies for the confusion I might have caused with that part. I kindly ask to take my issue as a "question for clarification".

[IzzySoft]

Thanks @androidacy-user – that crossed with my comment. And yes, that answers my questions, thanks again!

If you wish to check: I tried accessing the EULA link from your Readme using (unmodified) Tor Browser on my Linux desktop, and was unable to get to the EULA as described (my "standard browser", a "hardened" Firefox, didn't succeed either). Not sure how that can be solved, though. I was, however, able to open the link provided with my previous comment just fine, even in my "standard browser" which (other than Tor) uses some protective addons (like uBO) – as that link does not require any 3rd-partly things. Maybe you could provide that link instead (or as an alternative)?

[LuccoJ]

I would like to triple-check: does the EULA apply to a custom build of the source code in this repository, and in particular to the build that F-Droid provides in their main repo based on the source code it uses?

For indeed, the LGPL is designed to allow inclusion even in proprietary applications under some conditions, and anyway, as the application's author, you are free to apply any conditions on your code. However, it is important for the F-Droid project to understand whether they are distributing FOSS, as defined by themselves and by organizations like the OSI and FSF. Their users expect nonproprietary applications in the repository.

Therefore I would be grateful if you could clarify this matter, and that no term of the EULA that would potentially make the application nonfree under FSF and OSI understanding applies to users who get the app from F-Droid. In addition, for the convenience of F-Droid users having difficulty accessing the EULA, and for avoidance of confusion if it does not, indeed, apply to them, I would like you to clarify whether it would be okay to strip any reference of the EULA in a FOSS build of the app on F-Droid.

I ask all this mainly for the sake of clarity to users using the F-Droid build, and to avoid the F-Droid team being unclear on the legal status of the source code they build. Sorry for being so specific in my inquiries.

[androidacy-user]

I would like to triple-check: does the EULA apply to a custom build of the source code in this repository, and in particular to the build that F-Droid provides in their main repo based on the source code it uses?

For indeed, the LGPL is designed to allow inclusion even in proprietary applications under some conditions, and anyway, as the application's author, you are free to apply any conditions on your code. However, it is important for the F-Droid project to understand whether they are distributing FOSS, as defined by themselves and by organizations like the OSI and FSF. Their users expect nonproprietary applications in the repository.

Therefore I would be grateful if you could clarify this matter, and that no term of the EULA that would potentially make the application nonfree under FSF and OSI understanding applies to users who get the app from F-Droid. In addition, for the convenience of F-Droid users having difficulty accessing the EULA, and for avoidance of confusion if it does not, indeed, apply to them, I would like you to clarify whether it would be okay to strip any reference of the EULA in a FOSS build of the app on F-Droid.

I ask all this mainly for the sake of clarity to users using the F-Droid build, and to avoid the F-Droid team being unclear on the legal status of the source code they build. Sorry for being so specific in my inquiries.

Thank you for your inquiry regarding the applicability of Androidacy's EULA to custom builds of the FoxMMM source code and the F-Droid distribution. We understand the importance of providing clear information about the licensing terms and conditions for all parties involved, and I'm happy to clarify this matter for you, to avoid future confusion.

Androidacy's EULA applies to builds distributed by us and via channels we deem official, which includes the F-Droid distribution. However, it's essential to note that the presence of our EULA does not negate the FOSS (Free and Open Source Software) nature of the application. Our EULA is designed to be in full compliance with the LGPL, and it does not impose any restrictions that would conflict with the LGPL's provisions or render the application non-free under the FSF (Free Software Foundation) and OSI (Open Source Initiative) understanding. Custom builds of the source code, including the one provided by F-Droid, are still governed by the LGPL, which allows users the freedom to use, study, share, and modify the software, as long as specific conditions are met. Our EULA complements the LGPL by providing additional guidelines for using our specific application without infringing upon the user's freedoms granted by the LGPL.

Regarding your concern about stripping any reference to the EULA in a FOSS build of the app on F-Droid, we understand that providing a seamless experience for F-Droid users is important. As long as the application remains FOSS and adheres to the LGPL's provisions, we have no objections to removing the EULA reference for F-Droid builds. However, we recommend that users of such builds familiarize themselves with the LGPL and adhere to its requirements, and note third party terms such as Androidacy's ToS still apply when you use their repos.

In conclusion, the presence of our EULA does not make the application non-free, and it is applicable to builds distributed by us and through channels we deem official, including F-Droid. The EULA is designed to be compatible with the LGPL, and the application remains a FOSS project. We appreciate your diligence in seeking clarity on this matter, and we hope this response addresses your concerns. Please feel free to reach out if you have any further questions.