This end user licence agreement is aimed at software developers who need to license mobile phone apps and similar software. The agreement covers B2B and B2C software, paid or unpaid.
Most mobile phones applications are made available through a distribution platform - for example, the Google Play store or the Apple iTunes store. The distribution platform T&Cs will usually influence the legal relationship between the app publisher on the one hand and end users on the other. This document may replace or supplement the T&Cs of the distribution platform.
The end user licence agreement incorporates some obligatory and some non-obligatory sections. Within the latter category are sections aimed at cloud services, maintenance services and support services. The agreement is structured such that these services are provided while the contract is binding, but will end with the termination of the contract; and although the services will terminate, the software licence may not.
This end user licence agreement is drafted on the assumption that T&Cs in relation to charges and payments, and B2C cancellation rights under distance selling legislation, will be handled elsewhere. In the typical case, these issues will be addressed to in the T&Cs of the distribution platform.
With regards to the personal data of users handled by the licensor, this agreement regards the licensor as a data controller rather than a data processor. In other words, there is no personal data processing clause in the agreement.