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From May 2008 to September 2008, the license agreement contained a clause in which SmartDraw "has the right to access and inspect your facilities, servers and computers for the foregoing purpose, including by using remote software monitoring tools without further notice to you." This was a possible privacy concern as it reserved the right to use spyware on the user's computer. The wording provided in the criticism is no longer in use. The current license agreement contains standard language concerning license validation. SmartDraw never "inspected" customer installations, or had any spyware features, despite the language previously used in the license agreement.
