14 DAY TRIAL // Earlier today, we reported that OpeniMac was the latest company trying its luck in the Mac clone business. While OpeniMac's terms of license don't even come close to the imbroglio that is Psystar's EULA, there are a few interesting paragraphs to be read nonetheless.
“OpeniMac. Terms of the license. Computer OpeniMac is a PC with Intel hardware capable of running a system OS X Leopard,” the document begins. Right from the get-go, OpeniMac's terms of license severely conflict with Apple's own software license, which seems to stand despite monopolization charges. Care to know Apple's version of the story?
Talking about how customers are supposed to handle a single copy of Mac OS X Leopard, the company says, quote: “This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so. This License does not allow the Apple Software to exist on computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time.”
Continuing through OpeniMac's license, we found that, while all Leopard apps are a go, Apple's Software Updater isn't. Well, let's just say we know who's not getting 10.5.6 the same day real Mac users are getting it, if this were the only comment we were allowed to make here.
Moving on with the text, we stumbled across some terms that put the customer in a very awkward position. For once, OpeniMac claims that the price of acquiring one of its systems “includes a license of Leopard in its original package.” However, the same paragraph reveals that “the use of [said copy of Leopard] is governed [by] the terms and uses set by Apple,” even offering a link to the Apple legal page as well. Should you buy your OpeniMac before reading this disclaimer of sorts, you'll end up staring at the above posted paragraph, where Apple explicitly urges you to “keep it real” – no PCs, no hacks, nada. Macintosh computer + Original copy of Leopard = thumbs up from Cupertino.
Then, OpeniMac goes and does another thing that is considered a no-no in all Mac circles - pre-installs the PC with OS X Leopard. Tisk, tisk! Surely, OpeniMac is acting unknowingly here (ahem). Should they have read Apple's EULA (more carefully perhaps), the Mac cloners would have stumbled upon a little phrase saying thou shall not enable others to do so (or something like that). In plain English, if you as much provide the means to run OS X on non-Apple-labeled computers, off with your head!
“Pre-installed OS X on your machine so that you may be able to start using your PC directly from the box,” goes a rough translation of the OpeniMac license. “Please note that the software does not work Bootcamp.” Oh... so there's no Bootcamp either. No Software Update, no Bootcamp... what else? No Dock?!
“When you buy a computer OpeniMac, you understand that [you’re] not buying a computer made by Apple Computer, SA,” the document continues to stress. “You understand that Apple Computer does not support the Open Computer OpeniMac in any way.” (They could have fooled us). “In the same way, OpeniMac [does] not guarantee that any program and / or original configuration functions properly as a Compurtador Apple.” (We left this one in its original state for kicks). “OpeniMac does not develop the OS X operating system,” another paragraph ends.
Well, at least these guys admit to it all, and they brand it right on their website too. Sure, the “Terms of the license” button is small and sits quiet in a corner of the page, but it's there nonetheless.
The license agreement continues to mention that all copies of OS X sold by OpeniMac are legitimately licensed and purchased from Apple Computer (true), and that they are not pirated in any way (also true, although the hardware is the focus here), while all Mac software is compatible, as far as OpeniMac can tell. A rather interesting note towards the end of the agreement says that OpeniMac systems “do not support any installation of OS X that does not come from OpeniMac. If you would like to have OS X, or any other OS offered by OpeniMac, and installed by OpeniMac on a date after the purchase, you can aquirir [sic] another drive and the new system.” However, going by this Google translation we're looking at, if you buy the system pre-installed with Leopard, you will be eligible for a “restore disc” that will allow you to install OS X Leopard again (seemingly) on your own.
Be sure to sound off real loud on this one. We're dying to know what you think.