Templates
Software / End User License Agreement (EULA)
An End User License Agreement (EULA) is a contract that is in place between the software end user (customer) and the software developer, specifying how the customer is allowed to use the software product. Often, EULA is simply called "software license" by developers and publishers.
This end user license agreement is designed to govern the relationship between a licensor of software and end users.
The terms of an EULA define the scope of how the software can be used, and any rights the buyer of the software application may have.
An EULA is important for software developers because when someone installs, downloads, or uses a copy of your software application on their computer or mobile device, they are, in essence, making a copy of the copyrighted software. This legal agreement will dictate limits and liabilities that come along with personally using this copyrighted software.
With an End User Licence Agreement, the user does not "own" a copy of the software. This document helps ensure that you, as the copyright owner, are able to prevent the user from profiting from the re-sale of your software.
EULA agreements are typically presented to users for acceptance during the installation or set-up stage of the software. A pop-up window that prompts a user to check a box that shows they accept the terms before continuing is a very common and effective way of obtaining acceptance for legal terms.
The EULA templates below might be used by a software owner or publisher to bind end users to certain terms and provide support services related to the software.
Software / End-User License Agreement (Sample #1)
End-User License Agreement ("Agreement")
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using [Application Name] ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and [Application Developer] and it governs your use of the Application made available to you by [Application Developer].
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by [Application Developer] for use strictly in accordance with the terms of this Agreement.
License
[Application Developer] grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that [Application Developer] shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. [Application Developer] does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or [Application Developer].
[Application Developer] may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from [Application Developer], in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of [Application Developer]'s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Amendments to this Agreement
[Application Developer] reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Governing Law
The laws of [Country], excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Contact Information
If you have any questions about this Agreement, please contact us.
Entire Agreement
The Agreement constitutes the entire agreement between you and [Application Developer] regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and [Application Developer].
You may be subject to additional terms and conditions that apply when you use or purchase other [Application Developer]'s services, which [Application Developer] will provide to you at the time of such use or purchase.
Software / End-User License Agreement (Sample #2)
END USER LICENSE AGREEMENT (EULA)
[Company Name]
[Name of Licensed Software]
This End-User License Agreement (EULA) is a legal agreement between [Licensee] and the mentioned author [Licensor: Name of developer]
of this Software for the software product identified above, which includes computer software and may include associated media, printed
materials, and “online” or electronic documentation (“Software Product”). By installing, copying, or otherwise using the Software Product, you agree to be bounded by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the Software Product.
Software Product License
[Software name] is being distributed as [describe how its being distributed, e.g., Freeware for personal, commercial use, non-profit organization, educational purpose.] It may be included with CD-ROM/DVD-ROM distributions. You are NOT allowed to make a charge for distributing this Software (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, nor to use it for supporting your business or customers. It may be distributed freely on any website or through any other distribution mechanism, as long as no part of it is changed in any way.
1.Grant of License.
This EULA grants you the following rights:
Installation and Use. You may install and use an unlimited number of copies of the Software Product.
Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the Software Product; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA.
Copies of the Software Product may be distributed as a standalone product or included with your own product as long as The Software Product is not sold or included in a product or package that intends to receive benefits through the inclusion of the Software Product.
The Software Product may be included in any free or non-profit packages or products.
2. Description of Rights and Limitations.
Limitations on Reverse Engineering, Decompilation, Disassembly and change (add,delete or modify) the resources in the compiled assembly.
You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
Update and Maintenance
: [Optional: Insert upgrade provisions, e.g., X upgrades are FREE of charge.]
Separation of Components.
The Software Product is licensed as a single product. Its component parts may not be separated for use on more
than one computer.
Software Transfer.
You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
Termination. Without prejudice to any other rights, the Author of this Software may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.
3. Copyright.
All title and copyrights in and to the Software Product (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by the Author of this Software. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material. The licensed users or licensed company can use all functions, example, templates, clipart, libraries and symbols in the Software Product to create new diagrams and distribute the diagrams.
Limited Warranty
No Warranties.
The Author of this Software expressly disclaims any warranty for the Software Product. The Software Product and any related documentation
is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software Product remains with you.
No Liability for Damages.
In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.
