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But most of us never read the EULAs and the TOSes.
TOSes basically function as a way for companies to cover their asses.
Seems like you read TOSes better than you read articles.
My TOS should eliminate TOSes from corporate lawyers that nobody reads and everybody has to "accept".
Those TOSes that forbid competitors and benchmarking seem like coded messages from the developers saying "our software sucks!"