Few questions about the EULA

[MultisampledNight]

Hi! I'm not a lawyer and as such these points might seem fairly obvious to anyone who knows their ways in the world of legally binding texts, but I have some questions about the new EULA:

• I assume the new EULA is in effect already, as listed by 4.1 and 9.8
• Section 2.1
  • What is "internal use"?
  • The text refers to use limitations to be in the section 2.1, but you likely intended to refer to section 2.2 instead
• Section 2.2
  • Point (d): Does that explicitly disallow learning about "structure or algorithms underlying the Editor" through published blogposts, like the one about CRDTs or the rendering system? The only exception performed is "under applicable law"
• Section 3.2
  • Point (ii): Same as ^. In this case it might even be more extreme, a firewall "accidentally" discovers part of the underlying structure just by doing its job of filtering and analyzing network packets
• Section 3.3.1
  • ...design sidenote: the header size is a bit off, at first I was confused if this was a whole new section "larger" than 3.3
  • Section 3.3.1.1.: ...another sidenote, non-personally-identifiable is written with two dashes the first, but with only one dash the second time in non-personally identifiable
  • Section 3.3.1.2
    • ...yet another sidenode, the space in " Crash Reports" was probably unintended
    • I'm not a lawyer, but "Zed will retain the Crash Reports indefinitely" in connection with "commercially reasonable efforts to exclude any personally identifiable information from Crash Reports" sounds like personally identifiable information could still be contained — and that will be stored forever. Which means, personal data may be stored forever, which might get in conflict with GDPR
  • Section 3.3.1.3
    • Does "[i]n the future" mean that the EULA will change appropiately once that is in effect? Or that it may switch to that anytime?
    • In "We may share such User Content with those users You elected to grant access to", does "User Content" refer to a copy of a text file to a set timepoint? Or the content in general, as it may change and adapt? In the latter, this sounds like it's possible to grant, but not revoke access? Or is that the same in legalese?
• Section 9.8
  • "Zed may from time-to-time provide release notes applicable to the Editor or Network Based Service, and such release notes may contain additional use restrictions or terms applicable to Customer Data" — So if a release note says that the number of u128s typed is saved and sent to Zed's backend, that's in effect without appearing anywhere in the EULA?

(I first intended to write this on Discord, but got over the 2000 character limit very quickly, so here we are.)

[maxbrunsfeld]

Thanks for giving this a read and catching those typos! They'll be corrected in the next Zed release. As for your questions:

I assume the new EULA is in effect already, as listed by 4.1 and 9.8

That's right.

What is "internal use"?

This means you shouldn't be re-selling Zed, but using it yourself.

Does that explicitly disallow learning about "structure or algorithms underlying the Editor" through published blogposts

No; this is to try to protect any aspects of the editor that aren't intended to be public. It's saying that your terms of use for the application do not permit you any right to the source code.

does "User Content" refer to a copy of a text file to a set time point?

It refers to contents of projects that you've explicitly shared using Zed's collaboration features, until you choose to stop sharing that project.

I'm not a lawyer, but "Zed will retain the Crash Reports indefinitely" in connection with "commercially reasonable efforts to exclude any personally identifiable information from Crash Reports" sounds like personally identifiable information could still be contained

The lawyers we work with are aware of GDPR, and I think what we're doing with crash reports is ok.

So if a release note says that the number of u128s typed is saved and sent to Zed's backend, that's in effect without appearing anywhere in the EULA?

We'll need to update our EULA (and notify users) if our terms of service change. I believe this includes changes to our retention of any user data.

[MultisampledNight]

Alright, thank you!