The EUAL is still pretty silly IMHO. I don’t know if there’s any way it can be enforced since there’s no way X-Rite can track how many remote profiles I’ve built. Or if I changed for consultation and gave away a profile (or vise versa). They have no idea if I was on site or someone just mailed me a target to build a profile.
A couple years back I had the bright idea to have a go at making a remote profiling service website. I spent some fair amount of time writing it all up and generating the screenshots and instructions and all and setting the whole thing up, got it all up and running and did a little Adwords campaign, 'went live' and just waited for the money to start rolling in.
What's hilarious is that X-Rite really thinks the 7 (yeah, seven) profiles I've written from actual generated business from that site are worth jacking with all this nonsense over.
I took the Adwords campaign down but the site is still there, and all I use it for now is to distribute targets and have a payment button for current customers--such as Scott Martin described.
So it's far from a huge deal, however, by this EULA, if I upgrade my copy of Monaco Profiler, I'm going to have to take it down. If X-Rite ever did decide to 'go after' remote profiling services, I'm sure looking for online sites is how they'd start.
Thing is the Audit language still remains in the new EULA. I've been down the road of tilting at giant windmills in court, and I'm not going there again. X-Rite legally can make an attempt to enforce this provision, and that attempt would be enough to kill a guy like me. It's not a chance I'm willing to take.
To Scott I'd add that while this is a definite improvement and your efforts in getting this far are much appreciated, it's a good idea never, ever to get involved in attempting to interpret intent of legal language.
Legal language means exactly what it says. Supposed intent is entirely beside the point.
Finally, whoever it was that pointed out that they'd bought Monaco with promise of a free upgrade has, I think, a very, very valid point. The kind of point that would stand up in court.
From what I've seen, and for what my opinion is worth, yes, the King is indeed dead and the profiles that come from i1P are superior to Monaco. Argyll? Please. I didn't like the EULA that came with Monaco and I've tried for years to get MP quality profiles out of Argyll. Just not happening.
Qualux too for that matter. Qualux actually makes very credible profiles for large-gamut devices but it falls down on smaller ones.
So I'll probably grit my teeth and pay full pop for i1P just so that I have it but also to keep my Monaco license intact. But X-Rite is still not on my Christmas card list.
Mike AdamsCorrect Color