international business software commerce
Limit the usage of my software product
<p>Given I am selling my video software online is it legal not to sell it to certain customers who are supposed to use it for processing "adult" content? If they check a tickbox before purchase where they agree on not using it for such purpose, am I allowed to suppose the opposite and refuse selling it to them if their company website clearly indicates their business? I am in the EU and customers sometimes are too.</p>

<p>You are free to sell or not to sell to whoever you like (unless it is illegal discrimination, like not selling to white Christians), but it doesn't make a difference, because anyone who buys the software from you can legally sell it on to anyone they want. So you cannot control who ends up owning the software. If I want the software and you don't sell it to me, and I still want it, I'll just ask a friend to buy it and give them the money. Other people would just get a pirated copy if you refuse to sell to them (and would have very little bad conscience since they offered you cash and you refused to take it). </p>

<p>You can put terms into a license, and in the USA this is binding. The customer may not agree with the license, and in that case they have the right to get a refund for the software. In the EU, I don't think a license is binding, so you'd have to sign a legally binding contract with the buyer. </p>

<p>Apart from all that, you have very little chance to find out if the software is used against your wishes and to do anything about it. </p>

<p>When you try the exercise of substituting other words for "adult" in your eula, for exaample "catholic" or "culinary" or "alcohol/wine" or "anti-abortion" or even "Manchester United"....does it still make sense?</p>

<p>i.e. How would you even know about such use, never mind be able to do anything about it?</p>
