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 samples 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 (EULA) 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 (EULA) sample 2

End User License Agreement (EULA)

Last Updated: [Date]

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and [Your Company Name] ("Company"), governing your use of [Software Name] ("Software").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY INSTALLING, COPYING, OR USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

  1. License Grant

    • The Company grants you a limited, non-exclusive, non-transferable, and revocable license to install and use the Software solely for personal or internal business purposes in accordance with the terms of this Agreement.
  2. Restrictions

    • Prohibited Actions: You may not:
      • Modify, alter, adapt, or create derivative works based on the Software.
      • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
      • Sell, sublicense, distribute, rent, lease, or otherwise transfer the Software to any third party.
    • License Scope: This license is granted for personal or internal business use only and does not include any right to share the Software with any third party.
  3. Ownership

    • All rights, title, and interest in and to the Software, including intellectual property rights, remain with the Company and its licensors. This Agreement does not grant you ownership rights to the Software, but only limited usage rights as outlined.
  4. Updates and Support

    • The Company may provide updates or enhancements to the Software at its sole discretion. Such updates may be subject to additional terms, and this Agreement will apply to any updates unless a separate agreement is provided. The Company is not obligated to provide support or maintenance for the Software.
  5. Data Collection and Privacy

    • The Software may collect and transmit non-personal data related to your usage patterns to improve the Software experience. By using the Software, you consent to the collection and use of such data. The Company will handle any data in accordance with its [Privacy Policy link].
  6. Termination

    • This Agreement is effective until terminated by either party. You may terminate it at any time by uninstalling and ceasing all use of the Software. The Company may terminate this Agreement immediately if you breach any of its terms. Upon termination, you must delete or destroy all copies of the Software in your possession.
  7. Disclaimer of Warranties

    • The Software is provided "AS IS" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Software will be uninterrupted or error-free.
  8. Limitation of Liability

    • To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, profits, or other economic advantage, arising out of or in connection with the use or inability to use the Software.
  9. Indemnification

    • You agree to indemnify, defend, and hold the Company, its officers, employees, and affiliates harmless from any claims, losses, liabilities, damages, and expenses (including reasonable attorney fees) arising from your use of the Software or violation of this Agreement.
  10. Governing Law and Dispute Resolution

    • This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. Any dispute arising under or in connection with this Agreement shall be resolved exclusively in the courts of [Jurisdiction].
  11. Entire Agreement

    • This Agreement constitutes the entire agreement between you and the Company regarding your use of the Software and supersedes all prior agreements, understandings, or representations.
  12. Amendments

    • The Company reserves the right to modify this Agreement at any time. Any changes will be effective upon being posted on the Company’s website or through the Software interface. Continued use of the Software after any such changes shall constitute your consent to the modified terms.

BY CLICKING "ACCEPT" OR INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

If you have any questions about this Agreement, please contact:

[Your Company Name]
Email: [Your Contact Email]
Address: [Your Company Address]

Please note that these are just a general template and should be tailored to fit specific legal requirements and software functionalities. Consulting with a legal professional is recommended to ensure compliance with applicable laws.