20 Dec What Is An End User License Agreement (Eula)
If someone installs your app, that user may have expectations that you can`t really meet, z.B. 100% delay or zero error in coding the app. If you have other legal agreements that have restrictions on the use of your application, it is a good idea to place links to all agreements close to your licensing information, as any legal agreement may relate to the next one. Also add a link to the installation or download screen to allow users to access the EULA before they actually access your software/application. Click-Wrap Licensing Agreements cover the formation of website-based contracts (see iLan Systems, Inc. v. Netscout Service Level Corp.). A common example occurs when a user has to accept a website`s licensing terms by clicking “Yes” in a pop-up to access the website`s features. This is therefore an analogy with retractable wrap licenses, for which a buyer implicitly accepts licensing conditions by first removing the retractable film from the software and then using the software itself.
For both types of analysis, the focus is on the actions of the end user and asks whether the additional licensing conditions are explicitly or implicitly accepted. AES are important for the protection of the rights of the operator/licensee and are essential to defining the rules of use and managing the expectations of the end user. In general, EULA will help you define the terms of your license agreement with the user – explain what they can and cannot do with the software, the conditions under which their access could be restricted or terminated, copyright rules, etc. Also, in ProCD v. Zeidenberg, the license was declared enforceable because it was necessary for the customer to accept the terms of the agreement by clicking a “I agree” button to install the software. However, in Specht v. Netscape Communications Corp., the licensee was able to download and install the software without having to review the terms of the agreement and approve it positively, so that the license is considered unenforceable. The user must accept the terms of the CLA before they can install or access the software.