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Both parties must act within their rights based on applicable laws. Writing a EULA yourself gives you more control over the document, but it can also be time-consuming and complicated. Let's consider some standard solutions for creating a EULA in the next section.
An end-user license agreement or EULA (/?ju?l?/) is a legal contract between a software supplier and a customer or end-user, generally made available to the customer via a retailer acting as an intermediary. A EULA specifies in detail the rights and restrictions which apply to the use of the software.
Non-exclusivity clause, non-transferability provision, rights clause, modification clause, breach of contract clause, limitation of liability clause, and governing law clause are crucial clauses that every software license should include.
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.
The difference between an End User License Agreement (EULA) and a Software License Agreement (SLA) depends on intended usage. The EULA generally governs the continuous use of the software by a group of individuals. Meanwhile, an SLA targets a specific entity for a finite period.
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;
For example, if a user installs a mobile app and agrees to an EULA with this clause in it, then the user's phone malfunctions and breaks, the user cannot seek liability against the provider of the mobile app for reparations for the damaged phone, even if the damage was a result of the mobile app.
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.