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Licensing agreements generate revenues, called royalties, earned by a company for allowing its copyrighted or patented material to be used by another company. Some examples of things that may be licensed include songs, sports team logos, intellectual property, software, and technology.
Also known as software license agreement, EULAs are essentially enterprise license agreements for end-users and software vendors instead of companies and software vendors. They're usually given to users during the software set-up or installation stage and must be signed before completing installation.
An end-user license agreement or EULA (/?ju?l?/) is a legal contract between a software supplier and a customer or end-user, generally made available to the customer via a retailer acting as an intermediary. A EULA specifies in detail the rights and restrictions which apply to the use of the software.
Both parties must act within their rights based on applicable laws. Writing a EULA yourself gives you more control over the document, but it can also be time-consuming and complicated. Let's consider some standard solutions for creating a EULA in the next section.
How do you write EULA? clearly identify yourself/your business; clear state the rules for user behaviour and access to your product/software; disclose the copyright/intellectual property license that applies (e.g. open source); include other details of the software license including conditions for termination;
Although EULAs vary, every EULA should include clauses explaining: The enactment date. The binding nature of the agreement. Your contact details and full business name designation. The governing laws. Permitted and restricted uses. Termination conditions. Warranties and limitation of liability. Related agreements.
Non-exclusivity clause, non-transferability provision, rights clause, modification clause, breach of contract clause, limitation of liability clause, and governing law clause are crucial clauses that every software license should include.
For example, if a user installs a mobile app and agrees to an EULA with this clause in it, then the user's phone malfunctions and breaks, the user cannot seek liability against the provider of the mobile app for reparations for the damaged phone, even if the damage was a result of the mobile app.