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The EULA does not represent a legally binding contract but, instead, an agreement that the end user will adhere to the fundamental usage requirements and specific terms of the EULA. In reality, the consumer is actually renting (or leasing) a license from the app's creator (or a vendor).
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.
Generally speaking, EULAs are enforceable contracts, to the extent that any other contract is enforceable (at least in the U.S.). Obviously, the usual exceptions apply, such as unconscionability and UCC limitations on warranty waivers and such.
What is an end user license agreement (EULA)? An end user license agreement (EULA) is a legally binding document, defining the user's rights and restrictions in using a specific software product.
The Licensee may terminate this EULA for the future at any time by ceasing the use of the Software and promptly destroying and deleting all copies, including any documentation. The Licensee shall not be entitled to any refund of the license fee.
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.
An end-user license agreement or EULA is a contract that users must sign before they can finish installing software. Besides protecting software vendors' and licensors' rights, EULAs also manage end-users' expectations and establish how they can or can't use the software.
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.