contract-law eula
Is it legal to exclude any &quot;adhesion contract&quot; regulations? (CZ)
<p>I found this in the license agreement for the <a href="https://www.jetbrains.com/" rel="nofollow">JetBrains</a> products:</p>

<blockquote>
  <p>12.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory "form contracts" ("adhesion contracts") regulations shall not be applicable to this Agreement.</p>
</blockquote>

<p>Can they legally exclude the "adhesion contracts" regulations which are in place (at least AFAIK) for contracts exactly like these? </p>

<p>If it makes any difference: They state that the governing law will be that of the Czech Republic.</p>

<p>They can state that the governing law will be Czech but if, for example, they sell a product into Australia, then Australian consumer law will also apply and this clause would be invalid as the statutory warranties that this law imposes cannot be excluded. Indeed, they have breached the misleading and deceptive conduct provisions of the ACL just by making this statement. If an action was brought in Australian court then it would be decided by ACL where this applies and Czech law where it doesn't.</p>

<p>In general, you cannot decide in advance which jurisdictions will decide that they have jurisdiction. Therefore, it is always better to make such exclusions subject to "To the extent permitted by law ..." if you have contracts that may be cross-jurisdictional.</p>
