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An End-User License Agreement (EULA) is a type of take-it or leave-it contract (also referred to as a form contract, shrinkwrap contract, shrink-wrapped agreement or an agreement with off-the-shelf terms) commonly used with software and consumer electronics.

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.Dec 21, 2020

Common clauses and sections found include license granting, infringement and termination information, limitations of warranties and liabilities, and restrictions on use. Users should be presented with the EULA before downloading or installing the app and you should use clickwrap to get your users to agree to it.

In the USA, EULAs are binding contracts and software distributed under them is licensed for use, not sold. You break the EULA, you lose your license. That's the law.

Generally, the EULA will help you to set the conditions of your license agreement with the user explain what they are and aren't allowed to do with the software, the conditions under which their access might be limited or terminated, copyright provisions etc.

A copyright owner who grants a nonexclusive, limited license ordinarily waives the right to sue licensees for copyright infringement, and it may sue only for breach of contract. Sun I, 188 F.However, if the licensee acts outside the scope of the license, the licensor may sue for copyright infringement.

Court: Violating Terms of Service Is Not a Crime, But Bypassing Technical Barriers Might Be. Good news: another federal judge has ruled that violating a website terms of service is not a crime.