A EULA, or end user license agreement, is a legal agreement between a software licensor and a software user concerning the use of software. A good EULA will specify in detail what the user may do with the software - and what the user must not do with the software.
One legal issue affecting EULAs is this: how does the end user give his or her consent to the terms of the EULA. This EULA form includes 3 different options in respect of user consent: consent by opening the software package (a shrink-wrap licence), consent via a licence presented during software installation (a click-wrap license), and consent via a licence published online to be accepted before the software download (a web-wrap license).
- Licence: what rights are granted under the EULA for the use of the software, and what restrictions are placed upon such rights?
- Upgrades: will upgrades be supplied to the user?
- Support: will the licensor provide any support in respect of the software?
A full clause listing is as follows: (1) Definitions and interpretation, (2) Term of EULA, (3) Licence, (4) Other users, (5) Upgrades (optional), (6) Support (optional), (7) Limited warranties, (8) Limitations of liability, (9) Termination, (10) Effects of termination, (11) General.
The EULA has not been drafted with consumer protection legislation in mind - and if you intend to use it with consumers, you will need to ensure that appropriate amendments are made to take account of such legislation insofar as applicable.
If you purchase this template EULA, we will send you an email with a link for downloading the template. This email will be sent immediately following your purchase. The document will be supplied in MS Word format for easy editing.