Georgia Shrink Wrap End User Software License Agreement

State:
Multi-State
Control #:
US-13025BG
Format:
Word; 
Rich Text
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Description

n proprietary software, an end-user license agreement (EULA) or software license agreement is the contract between the licensor and purchaser, establishing the purchaser's right to use the software.

Georgia Shrink Wrap End User Software License Agreement is a legal document that outlines the terms and conditions for using shrink-wrap software in the state of Georgia. This agreement specifies the rights and limitations associated with the software and ensures compliance with copyright laws. The Georgia Shrink Wrap End User Software License Agreement typically includes the following key elements: 1. Scope of License: This section defines the scope of the license, including the software version, allowed number of installations, and any restrictions on use. 2. Ownership and Intellectual Property: It outlines that the software is owned by the licensor and protected by copyright laws. This section protects the intellectual property rights of the software. 3. Permitted Use: It details the authorized uses of the software by the end-user, which could include installation, copying, or modification of the software under specific conditions. 4. Restrictions: This section highlights the limitations imposed on the end-user, such as prohibiting reverse engineering, making unauthorized copies, or distributing the software without prior consent. 5. Updates and Support: It addresses whether the license includes updates, bug fixes, or customer support from the licensor. 6. Termination: This section specifies the circumstances under which the license agreement may be terminated, such as non-compliance with the terms of use or violation of intellectual property rights. 7. Limited Liability: The agreement includes a limitation of liability clause, whereby the licensor limits their liability for any damages caused by the software, preventing excessive legal action against the software provider. 8. Governing Law: This section identifies the governing law under which any disputes arising from the agreement will be resolved. As the agreement is specific to the state of Georgia, it would typically reference Georgia state laws. There are no specific variations or types of Georgia Shrink Wrap End User Software License Agreement that are widely recognized. However, the language and content may differ slightly depending on the software provider or industry-specific requirements. In conclusion, the Georgia Shrink Wrap End User Software License Agreement is a crucial legal document that protects the interests of both the software provider and the end-user. Failing to comply with the terms outlined in this agreement can lead to legal consequences and should be thoroughly reviewed and understood before installing or using shrink-wrap software in the state of Georgia.

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FAQ

Shrink wrap contracts are boilerplate contracts packaged with products; usage of the product is deemed acceptance of the contract. Web-wrap, click-wrap and browse-wrap are related terms which refer to license agreements in software which is downloaded or used over the internet.

A browsewrap is a link at the bottom of the screen with notice that using the site indicates acceptance of Terms. Browsewrap agreements are not very enforceable in court.

Shrink wrap contracts are boilerplate contracts packaged with products; usage of the product is deemed acceptance of the contract. Web-wrap, click-wrap and browse-wrap are related terms which refer to license agreements in software which is downloaded or used over the internet.

The shrink-wrap license agreement purports to create a binding legal agreement (so it says) between the software vendor and the user. The agreement is usually found inside the box containing the software, printed on the envelope containing the CD-ROM or disks, or stated in the user manual.

In the defining statement of the opinion, the court held that, "shrink-wrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general." The court concluded that no contract was formed by the parties until the buyer "accepted" the seller's terms by electing to keep the

wrap license presents the user with a message on his or her computer screen, requiring that the user manifest his or her assent to the terms of the license agreement by clicking on an icon. n12 The product cannot be obtained or used unless and until the icon is clicked.

Generally speaking, an EULA is a legally binding agreement between the owner of a product (often software) and the end-user more specifically a contract between the licensor of a product and the licensee.

End User License Agreements are enforceable as long as it is clear that it is a contract and both parties can understand the terms. Unlike a basic software license that sets user parameters for a finite engagement, the EULA gives the end-user conditions to use the software or hardware continually.

Shrink-wrap agreements have not always been enforced. The most important consideration is the time at which the manufacturer communicates the terms to the end-user. A court is likely to enforce such an agree¬ment if a buyer has an opportunity to read the agreement before using the product.

In the defining statement of the opinion, the court held that, "shrink-wrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general." The court concluded that no contract was formed by the parties until the buyer "accepted" the seller's terms by electing to keep the

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Georgia Shrink Wrap End User Software License Agreement