Having dealt with zillions of contracts and licenses, It is my understanding
that you cannot "contract away" your rights under the constitution,
regardless of the wording. If you objected, they would have to have
a warrant to excercise this license, and you could receive an injunction against that based on your
constitutional rights to protect your privacy, including trade secrets.
BUT for those who are still nervous, do what we do - when we see such
crapola in software, we simply send a certified letter to the company
stating our non-acceptance of certain provisions of the license. Under
Florida law, provisions of a contract can be "removed" without invalidating
the entire contract(license). It's legal, and it protects you. Have yet to
have anyone tell me to "return" the software, or even respond.
Such letters also serve to wake Borland - and other companies - up to the fact that this is a bad idea. If they get thousands of letters saying screw-you, they might get the idea.
Just for the record, Borland is not the only one sticking such crap in their
EULA - I've seen similar stuff in MS license and others. Only a matter of
All the more reason to raise hell!