| Would you agree to those terms if you had a realistic alternative? Is this contract written in a way that provides equitable consideration to the user for the provisions that solely benefit Apple? Doesn't seem like it. The ability of Apple to include those take-it-or-leave-it terms suggests a dominant market position (strong market power) held by Apple, regardless of other mobile device platforms. The license is a "Contract of Adhesion" "where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal per se, there exists a very real possibility for unconscionability." (Wikipedia) with unconscionability being "a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract." |
What do you mean? If one doesn't want to agree with such terms, there are quite many android alternatives, some of which even better than iPhone/iPad in certain aspects.