The Eula is an agreement between the producer of software and the end-user who installs it and uses it. In other terms, it’s a contract between the manufacturer and the consumer of software or a product.
The end-user license agreement (EULA) has restrictions set for the software and is usually issued during installation. To use software, you need to accept the terms of service of the software. The agreement only applies when agreed.
What’s the Need for a Eula?
Whether you are a consumer of software products or a producer, you need a license agreement. Let’s start with producers like Independent software vendors; here’s why they need an end-user license agreement.
Eula outlines terms and conditions to the consumer. As the producer, this will help you state the jurisdictions under which your products can be used. Before using the product, the consumer must understand and agree to the terms set, limiting usage of the product according to the required guidelines. Furthermore, as the producer, you can refer to the Eula in case of any violation.
You are in charge of the product and its distribution. A Eula allows users to use your product but under specific guidelines. This will enable you to have total control of the use and distribution of your software. In any case, you learn of a violation of the terms; you may take appropriate action as per the agreement.
Furthermore, you have the right to change the terms of service and modify the product. For instance, you can limit the usage of your app to either personal or commercial use. This helps you have the required returns on each transaction. Being in charge of the product means that the user only gets the license and uses the product according to the terms and conditions.
You can limit your liability against damages. As a producer, you need to modify your liability for damages, which your business is under huge risks like lawsuits and expensive damages. To avoid this, you need an agreement. A limited liability limits and balances the number of damages that each party is responsible for.
Also, the user knows that the producer is not responsible for any damage caused by using the product, like damaging your device or data in it. It is advisable that you indicate the limitation of the liability clause to protect you against any future events. Lack of doing the same may not shield you in cases of intentional misconduct.
Limits abuse of the software. This agreement limits any abuse of your software. Without outlining this, a user can easily clown your software without any fear of lawsuits or copyright. Moreover, you can use this clause to monitor your software for illegal activities or reverse engineering. In any case, you come across a user violating this clause; you are allowed to revoke their user license.
Disclaiming warranties. When customers purchase your software, they might expect zero bugs and lag time that cannot be completely satisfied. In a case like this, the disclaiming warranty clause helps you display the broad discretion of use to the users. Including such sections in a Eula shields you from unrealistic circumstances in which your software couldn’t work 100%.
When is the End-user License Agreement Important?
You already have an end-user license agreement; what next, and how do you use it? As explained earlier, the Eula helps the business owner or users guard the rights to their products. Also, it is there for them to set rules under which software can be used after you install it.
As a business owner, you use the Eulas to explain why your product can or cannot be used under certain circumstances. You regulate the usage of your development between commercial and small-scale. Also, you retain the ability to terminate any license in case of breach of contract.
Here are additional ways in which the Eula may be of importance:
When making any disclosure of consumer rights especially withdrawing or cancellation of rights.
When you have different levels of software e.g.; group or individual use.
When your software is used for transactions.
When your software is used to convey sensitive data.
When your software can cause destruction when misused.
When you are about to make any changes.
Eula and Terms of Service
Eula and terms of service have many similarities, but they are very different documents. The producer provides both records for the user to agree. Both parties must understand and agree to the conditions set in these documents. Furthermore, both documents:
Reduce the chances of legal issues arising
Ease the process to resolve issues when they arise
Give the owner complete ownership of the service they are offering.
Usually, terms of service have more details compared to a Eula. Let’s break down these two. T&C is mainly used with websites, while Eula is based on software.
Terms and conditions are used to govern how a customer uses a product by giving the owner the right to place restrictions on a site. On the other hand, an end-user license agreement is used for copyright purposes by issuing a user license. It may contain any other rights, but this is not the primary purpose.
Terms and conditions should be accessible at any time and at any point on the site. You should click on a link that will lead you to a page containing all the details. A Eula is only accessible after purchasing the software. It is available to be read before proceeding to use the software. Commonly, Eula conditions are not applicable until you agree to them and started using the software.
Warranties essentially should appear only on terms and conditions but are often found in the end-user license agreement. The warranty gives out promises for the monetary value that will be experienced and what not to expect. Also, the warranty can explain the different methods in which a warranty is applicable and where it’s not. The warranty policy is different for paid and free versions of software.
The Eula key clause(licensing) rarely appears in terms and conditions. This clause explains everything about payment or subscriptions. It explains the validity of the license its limits.
Both documents have a hand in limiting expenses for damages. Liability clauses often are written in legal manners but share common features.
Some of the features include reducing risks to the owner, stating scenarios where either party is liable for any damage, and outline exceptions in which the clause doesn’t apply. Therefore, no one can create non-existent scenarios to claim payment or refund.
Updates are common in an end-user license agreement. It gives details on how updates will be done when the customer is using the product. This clause may indicate that updates are available but don’t assure them. The clause describes the update installation process and the user’s input into it. Also, an end-user license agreement should include any consequences of not making an update. Terms and conditions updates usually involve changes or new terms in the agreement only.
Terms and conditions are common in stating who is the owner of the property. It shows that you own all the rights to the product. Furthermore, you show how the data can be used, like printing or copying it (see Fair Use copyright disclaimer here).
Both documentations have a termination clause, but they are not as similar. The Eula termination clause states ways in which a license expires. Some options include;
- When the licenses expire without renewal
- When the user violates anything in the agreement
- When a user terminates the agreement
For either reason, you should clearly state whether or not there will be any refund and which actions are limited to the user at that particular time. When it comes to terms and conditions, the termination clause has similar points, but it limits access to specific services or subscriptions.
The termination clause in terms and conditions may be in the membership sections, which explains further how to act while on the website. This section could also indicate the procedures applied before access is terminated and restrictions to non-members.
Coming to commercial terms, Eula addresses all the terms when a user is purchasing software. Nonetheless, it should state any refund procedures. The user is informed of how much and payment method and what they get back in terms and conditions. This needs to indicate whether or not any tax is applied.
Both documents include all restricted areas in which software can be used and which court of law will handle any disputes.
When it comes to placement, these two documents are different. The Eula is usually placed and visible after the user makes a purchase. However, all owners should ensure it is available after installation. Afterward, you should have an icon or tick box to confirm that they have read and agree to the document.
Also, when it comes to the clauses, the definition may vary for similar clauses.
Writing a Eula
When writing a Eula, you should include the following: