End User License Agreement. An End User License Agreement (EULA), which is also known as a software license agreement, is a legally binding contract between the software developer provider and the user, licensee or customer of the software application. In an End User License Agreement, the software developer retains ownership of the software application, while the end user receives a license to use it under certain restrictions. Software License Agreement Attorney Andrew S. Bosin can provide legal advice on drafting, reviewing and negotiating End User License Agreements (EULA).
An EULA protects the licensor, developer or copyright owner of the software by prohibiting the licensee from re-selling the software to a third party. A license for lack of a better word gives the user “permission” or a limited right to use the software.
A well drafted End User License Agreement (EULA) should identify the following legal areas:
- Disclaimer of Warranties: Typically, the software is licensed “AS-IS” and the licensor is not responsible for any issues, errors or defects that may arise from use of the software.
- Governing Law: The law of the state that will apply if a dispute or problem arises.
- Licensor: name and address of the individual or company who developed the software.
- Licensee: name and address of the user who licenses the software.
- License Grant: Describes how the software can be used by the licensee.
- Limitations of Liability: whether or not the licensor will be responsible for any damages, defects, issues or problems that may occur from using the software.
- Maintenance and Support: whether the Licensor will provide support to the Licensee on site or by phone, either 24 hours 7 days per week, quarterly, or annually
- Software: Defines the software to be licensed.
- Termination: whether the licensor/software developer can terminate the license if the licensee violates the agreement or other issues arise.
- Restrictions on Use of The Software: Defines how the Licensee can legally or illegally use the software.
Call End User License Agreement (EULA) Lawyer Andrew S. Bosin for a free initial legal consultation at 201-446-9643.
www.njbusiness-attorney.com – andrewbosin@gmail.com