End User License Agreement
An End User License Agreement is a legal contract between you, the developer or publisher of a software, and the end user of that software.
4.2 (30 reviews)
Last updated December 20, 2024
Under 10 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
It is important to clearly set out the rights and limitations of the user regarding your software. An End User License Agreement sets out the prohibited boundaries of uses, and also states the instances where liability will be limited and when the user would indemnify you against any loss or liability.
What does the End User License Agreement cover?
- License grant;
- Limitations on use;
- Limitations on transfer;
- Limitations on derived work;
- Limitations on alteration;
- Limitations on copying;
- Warranties and exclusions;
- Limitation of liability and remedies;
- Licensee indemnity; and
- Termination
The Legal Risk Score of a End User License Agreement Template
Our legal team have marked this document as low risk considering:
- The agreement restricts the user to install and use the product only on a single computer or system, limiting flexibility for users with multiple devices or collaborative environments.
- The document explicitly excludes various warranties and limits remedies available to the user, potentially leaving the user with minimal recourse in the event of product failure or dissatisfaction.
- Users are held liable for any modifications they make to the product, which could inadvertently infringe on third-party intellectual property rights, exposing them to legal and financial risks.
End User License Agreement Checklist
Complete your free End User License Agreement with our checklist
Verify Execution Details
Ensure that the agreement is signed by the authorized representative of the corporation, as per the requirements under the "Corporations Act 2001."
Confirm Product Details
Double-check that the product name and details are correctly filled out in Schedule 1 to ensure accuracy and avoid discrepancies.
Review Agreement Compliance
Regularly review and ensure compliance with the terms specified in the agreement to avoid any breach that could lead to termination.
Legal Review Encouragement
Consider having the agreement reviewed by a lawyer on the Lawpath platform to ensure all legal bases are covered and the document is tailored to your specific needs.
Other names for End User License Agreement include:
- EULA;
- End User Licence Contract; and
- End User Agreeement.
What’s the difference between an End User License Agreement and Terms and Conditions?
A End User License Agreement (EULA) is generally used for software apps, the licence allowing users to work with your software under the terms of use.
Terms and Conditions is what manages the user’s behaviour when utilising the website or app service, placing restrictions on the types of behaviour displayed when on the service.
I am developing an app. Will I need an End User License Agreement?
Yes. Usually if the app is developed with a single platform such as Apple, then their end of user license agreement (if you see fit) would be applied to your app. However, if your app is developed for multiple platforms it is recommended to have a personalised App EULA. This will protect developers from potential harm.
How can I ensure that my EULA is legally binding?
EULAs are legally binding when the terms and content of the agreement are displayed to the user, only permitting usage of the service or product after an agreement is formed. This usually occurs when the user clicks ‘Agree’ to proceed on the software. To ensure that your EULA is legally binding, do not provide the service and product to the user without them agreeing to the EULA contract.
What are my rights if someone breaks the terms of my EULA?
If your EULA is authorised by law, you are entitled to hold that user liable to breach of terms and contract.
Does a End User License Agreement Protect the rights of my consumer?
The End User License Agreement can protect consumer rights when the terms are legally binding. You must ensure that your terms are within legal proximities of the federal law. Further consultation with legal professionals is advised.
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