How to enter into an End User License Agreement/User License Agreement?
The EULA, often referred to as the "software license" or "license agreement", is similar to a regular rental agreement. The user agrees to pay for the use of the software and agrees to the software developer or publisher to comply with all restrictions set forth in the EULA by.
What does an End User License Agreement include?
An End User License Agreement contains a number of elements, including:
- what the license is granted for (which software may be used under the EULA);
- the fee for the use;
- how to pay for the use;
- to what extent the software developer is liable for defects in the software; and
- whether the User may share the Software with third parties.
Delivery of the EULA Terms and Conditions
EULAs are similar to general terms and conditions. An EULA can in fact be regarded as a unilateral agreement. An EULA is an offer of conditions, which must be accepted. If the user does not accept the terms and conditions, he or she may not use the software. The most important requirement for the validity of the EULA is therefore whether it has been properly provided. General terms and conditions (including the EULA terms and conditions) must always be submitted prior to the agreement. The EULA must therefore be provided/presented to the users before they can download the software. An EULA that is only shown after a paid download has been made available is not provided in a timely manner. In this case, the provisions of the EULA shall not apply to the relationship between the software developer and the end user. In addition to being timely, the EULA terms and conditions must also be properly presented to the end user. This means that the EULA must be able to be saved by the end user, for example by providing a PDF of it.
Need help?
Do you need help in drawing up an EULA or do you want to be sure that you meet the requirements of handover? Then please feel free to contact us. We will be happy to help you.