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Here's an easy way to remember the distinction between these two agreements: An EULA sets out what end users can and can't do with your software. A Terms and Conditions agreement set out what services you agree to offer the end user and how you expect them to behave in return.
A EULA is a legally enforceable contract between you and the end user and can protect your intellectual property and copyright. Under the laws of any jurisdiction, a contract is only binding when both parties give their mutual consent to the contract's terms.
If the terms of the Agreement will be accepted on execution then only the Vendor and Licensee should sign the document to ensure the license is legally binding. If the terms of the Agreement are accepted on installation, registration or on opening of the purchase, then neither party needs to sign the Agreement.
Chances are, you signed an end-user licensing agreement (EULA) without reading it. By accepting the EULA's terms and conditions through your digital signature, you agreed to be bound by a host of provisions inserted into the EULA by the app's creator as a condition of your use of the app.
How do you write EULA? clearly identify yourself/your business; clear state the rules for user behaviour and access to your product/software; disclose the copyright/intellectual property license that applies (e.g. open source); include other details of the software license including conditions for termination;
Begin your license agreement by defining who all parties are. From there, add information about license grants, charges, licensee's obligations, intellectual property rights, limitation of liability, confidentiality, governing law, waivers, etc. End the template with an agreement form to sign.
Ignoring EULAs can expose your computer to security risks. Ignoring EULAs can put your privacy at risk. For instance, a EULA might require you to allow the software publisher or a third party to collect information about your internet activity in exchange for use of the software.
A EULA is a legally enforceable contract between you and the end user and can protect your intellectual property and copyright. Under the laws of any jurisdiction, a contract is only binding when both parties give their mutual consent to the contract's terms.