North Carolina Individual or Network Use Shrink-Wrap License Agreement

State:
Multi-State
Control #:
US-CP0738-AM
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts.
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FAQ

Some common disadvantages of EULAs include: Length and complexity: EULAs can be lengthy and complex legal documents that may be difficult for end-users to read and understand. This can result in users agreeing to terms they may not fully understand.

User agreements like EULAs are legally binding contracts between the software author and the end-user. End User License Agreements are enforceable as long as it is clear that it is a contract and both parties can understand the terms.

? EULAs restrict how you can use the software. limit the number of computers you can load the software on. They sometimes also prohibit reverse engineering for the purpose of creating compatible software. In some cases they prohibit software testing and even publishing the results of this testing.

There is some basic information that every EULA should have, including: Licensor information: Software provider/creator name and address. Software: Name of the software and its purpose. Date: When the EULA becomes enforceable and the licensee bound by its terms.

In 1996 with the case of Pro CD v. Zeidenberg, the Seventh Circuit held that ?shrink-wrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general.?

Some common disadvantages of EULAs include: Length and complexity: EULAs can be lengthy and complex legal documents that may be difficult for end-users to read and understand. This can result in users agreeing to terms they may not fully understand.

Does a EULA Provide Legal Protection? A EULA is a legally enforceable contract between you and the end user and can protect your intellectual property and copyright. Under the laws of any jurisdiction, a contract is only binding when both parties give their mutual consent to the contract's terms.

Disadvantages to the licensee include: The licensee being responsible for production, marketing, selling, etc. The licensee potentially being dependent on the licensor's intellectual property. The licensee having to pay an upfront fee and/or royalty to the licensor.

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North Carolina Individual or Network Use Shrink-Wrap License Agreement