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Before you can download and any type of software application, you usually are required to read and agree to a user license. Once the user opens the software installer, the EULA typically must be signed digitally or the installation cannot be completed. EULAs are not legally binding .
An end-user license agreement (EULA) is a contract between a software company and users of that company's software. Also known as software license agreement, EULAs are essentially enterprise license agreements for end-users and software vendors instead of companies and software vendors.
While EULAs are generally found on desktop or mobile apps, you can put one on your website as well. Common places to put an EULA on your website include links on an account login page or checkout screen, or as a stand-alone legal page.
Some common clauses found in a standard EULA are: Introduction. Licensing of Use. Restrictions of Use. Termination of Use. Limitation of Liability. Disclaimers of Warranties. Copyright Infringement. Contact Information.
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; include any disclaimers and limitation of liability statements.
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.
Although EULAs vary, every EULA should include clauses explaining: The enactment date. The binding nature of the agreement. Your contact details and full business name designation. The governing laws. Permitted and restricted uses. Termination conditions. Warranties and limitation of liability. Related agreements.
EULAs establish what the user can and cannot do with the software, set the terms of the agreement, clarify liability, provide infringement information, specify disclaimers, and address how and when the right to use the application may be terminated.