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An EULA is the agreement between someone who downloads software (the licensor, or end user) and the developer. A Terms and Conditions agreement is between the service provider and the end user. Although they have many similar clauses, you'll note that the EULA only covers terms relating to the software or app download.
For each Single-User license, one individual may install and use the Licensed Software on an unlimited number of computers provided that only that individual may use the Licensed Software and only one copy of the Licensed Software is in use at any one time.
Precisely identifying which intellectual property will be the subject of the license is necessary to ensure both parties are on the same page and not exceeding their rights.Scope of the Grant.Exclusivity.Territory.Term.Compensation.Termination.Conclusion.
A software license agreement details how and when the software can be used, and provides any restrictions that are imposed on the software. A software license agreement also defines and protects the rights of the parties involved in a clear and concise manner.
As a general rule, any well-drafted license agreement should address the following topics:Scope of the grant.Term and renewal.Performance standards and quotas.Payments to the licensor.Quality control, assurance and protection.Insurance and indemnification.Accounting, reports and audits.More items...?
Software licensing terms and conditions usually include fair use of the software, the limitations of liability, warranties and disclaimers. They also specify protections if the software or its use infringes on the intellectual property rights of others. Software licenses typically are proprietary, free or open source.
The clauses include:License Granting. The primary purpose of an end-user license agreement is to give the buyer or user the right to use the application.Restrictions for Use.Related Agreements.Copyright Infringement.Termination of Licensing.Warranty Disclaimer.Limitations of Liability.
A software license agreement should include the licensor's reservation of all its rights not specifically granted to the licensee and the licensee's acknowledgment of the licensor's ownership of the licensed software. Payment terms.
Common Clauses for an EULA. There are a few clauses that should be included in every EULA. These clauses address license granting, restrictions on use, infringement information, termination of licensing, and disclaimers and limitations of warranties and liability.