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Rights and Restrictions of the User It specifies the scope of the license, including whether it is perpetual or time-limited and whether it permits installation on multiple devices. The EULA may also address any limitations on usage, such as non-commercial use or restrictions on the number of users.
It WILL hold up in court too if there was ever a need for it. An EULA is no different than a contract a movie star agrees to when they are hired to shoot a movie. Just because you don't physically sign something, it is still legally binding.
If a user copies and sells the software, for example ? a common violation of EULA terms ? the creator can seek recourse. The license to use the software can be revoked. The user's account could be locked down, preventing access.
Your EULA will be legally binding if you get valid consent to it. The best way to get valid consent is to have end users click a checkbox or take some other clear action to show they agree to the terms in the EULA before you allow them to download and access the software.
Unfortunately, there is still some debate as to whether EULAs are enforceable. Several courts have upheld their validity, ? including the landmark ProCD, Inc. v. Zeidenberg case of 1996, in which the US 7th Circuit Court of Appeals determined that a click-through license was enforceable.
While the EULA grants the end user permission to access and use the app, if any of the terms and conditions of the EULA are violated, the agreement and any rights granted to the user are immediately and automatically terminated without notice to the user, the license is revoked, and the consumer is forbidden from using ...