November 10, 2006
No Nukes: The Reach of the Homer Simpson Clause
My research has pointed me to dozens of EULAs involving clauses forbidding the use of a product at or involving nuclear facilities.
Obviously, it does take computers and software to run nuclear power plants, etc, but it’s doubtful that anyone’s use of iTunes software will ever result in a mushroom cloud (unless, of course, their MacBook battery overheats).
So here are some of the EULAs and Terms of Service I’ve discovered that contain what I like to call the Homer Simpson clause, in honor of the beer-lovin’ animated character’s occupation as safety in spector at the Springfield Nuclear Power Plant (Sector 7G). Dunno how the U.S. can become less dependent on foreign energy if U.S. law has frightened every company into banning use of products for monitoring and/or discussions relating to alternative energy production.
| PRODUCT | EULA/ToS | LANGUAGE |
| Yahoo! Toolbar | EULA | “…you may not use the Yahoo! Software to operate nuclear facilities, life support or other mission critical application…” |
| Apple (iTunes) | EULA | “THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES” |
| Coffee Cup Software | EULA | in Re: ‘Java’ Support — NOT DESIGNED,MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES… |
| Alienware (custom gaming PC) | EULA | may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons… |
| Oracle Network Developer License | EULA | You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. |
| Microsoft OpenType (font-signing tool) | EULA | You specifically agree not to export or re-export any of the Restricted Components: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, and the Federal Republic of Yugoslavia (including Serbia, but not Montenegro), or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; |
| BEA JRocket (Java Development Kit) | EULA | … not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility, nor may you use it for such purposes. |
| SCO Systems (for businesses) | EULA | The Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. |
I understand this is a typical precaution laid out in many limited liability clauses but some of these seem a bit extreme and may themselves need some regulation or at least suggestions of not so specific verbiage.
GE Industrial has an additional Nuclear Rider that must be signed in addition to their Apparatus Distributor Agreement — if products sold are “intended for use in connection with any nuclear facility or activity.” This “Rider for Nuclear Applications” (at the bottom of these terms basically reiterates the seller’s indemnity from liability claims that may arise from a “nuclear incident” as defined in the Atomic Energy Act of 1954. Talk about dated!
If these agreements were a bit shorter and devoid of such ridiculous excesses they might be more effective, no? Ever hear of a would-be criminal who thought twice after reading a EULA?
