This EULA (end user licence agreement) template can be used to create shrink-wrap, click-wrap and web-wrap licences between a licensor and its customers. The customers may be businesses and/or consumers. You can view the first few sections of the template EULA here:
Sample EULA
The template has been drafted to protect the interests of the licensor, rather than the licensee.
Optional provisions containing a right to return software are included. These are particularly relevant in the case of shrink-wrap and click-wrap licences. Of course, in addition to considering the inclusion of a right to return software, vendors should where practicable apply technological protection measures to software, so that it is not possible for a buyer to install the software without accepting a click-wrap version of the EULA.
In addition, optional provisions concerning software updates and (straightforward) remote support services are included.
The EULA is intended to form a contract between the licensor and licensee. Note that the courts in some jurisdictions have found some EULAs to be unenforceable.
The following provisions make up the EULA:
(1) Definitions and interpretation
(2) Term of EULA
(3) Licence
(4) Other users
(5) Upgrades (optional)
(6) Support (optional)
(7) Limited warranties
(8) Limitations of liability
(9) Termination
(10) Effects of termination
(11) General
The template is 9 pages long, including the cover sheet, and is provided in Word (.doc) format.
Copies of this template EULA are included in both the
standard Software Developer Pack and the
premium Software Developer Pack.
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