EULA Template

Create a Free EULA
EULA-Template-01

An end-user license agreement (EULA) protects technology creators who make their products available for public use.

It’s typically made available alongside the software in print or digital form and often requires an end-user’s consent before they can access the product.

Download our free EULA template and read the guide below for help modifying it.

Table of Contents
  1. EULAs Explained
  2. Who Needs a EULA?
  3. Common EULA Clauses
  4. What Makes a Good EULA?
  5. Posting Your EULA and Obtaining Consent
  6. Good Examples of EULAs
  7. Generic EULA Template [Sample Text and Free Download]
  8. Summary

EULAs Explained

When software developers make their products available for general use, they need a way to protect their rights so that end-users can’t sell or distribute the product in a way that doesn’t benefit the creator or cause harm.

A EULA is a document that covers the intellectual property (IP) rights of the person who created the software.

Agreeing to the terms of the EULA only grants the user rights to a copy of the software. It’s also important to note that any money paid for the software by the end-user does not diminish the original owner’s rights.

Who Needs a EULA?

Any software owner who wants to protect their rights over how proprietary software gets used should have a EULA. They contain essential clauses that protect companies if someone misuses their product.

EULAs also help protect a company’s reputation. For example, a family-friendly company could include terms in a EULA that prevent users from using the business’s product with explicit adult material.

In addition, having a EULA protects your rights as the owner to revoke access to the application when users violate the terms.

Apps

If your company builds a new mobile app, a EULA helps you maintain control over the way users interact with it. For example, the it prohibits them from making unauthorized changes and selling your app as their own in the Apple or Google Play store.

Software

A EULA helps companies restrict unauthorized use of their software and protects their rights as owners. For example, you can outline that individuals can’t use your software for actions like installing malware on devices.

Consequences of Not Having a EULA

Allowing users to purchase your software without consenting to a EULA opens your business to liability. It also increases the likelihood of another user copying and redistributing your application and making a profit.

Do I Need a EULA for Different Software Versions?

Some business owners prefer to have users sign an updated EULA whenever they provide an application update. Doing so makes it clear that the changes to the product don’t invalidate the terms of the original EULA.

Are You Legally Required To Have a EULA?

While it’s not legally required, it’s good for businesses to have a EULA in place for all software products.

A EULA makes it easier for software owners to:

  • Keep control of how individuals distribute and use the software
  • Limit liability for potential damages
  • Protect the company’s right to end a software license for improper use of the product
  • Stop abuse of the software

Common EULA Clauses

Below are examples of clauses often found in our EULAs. You should think about the enforcement measures your company has in place and whether they make you capable of following through on assessing any outlined penalties because of violations.

Introduction

EULAs typically start with a section that provides:

  • The name of the application
  • Your company’s name
  • Any other names or associates who fall under the scope of the agreement

Your EULAs intro should summarize that the document represents an agreement between the user and entities named within the contract on the use of the software.

You should also include definitions for any terms used throughout the document and the location of additional terms.

Some businesses add a notice at the end of the introduction clarifying that clicking “I accept” or “I agree” represents the user agreeing to be bound by the terms of the EULA.

Granting of Licenses

Here, your company informs users that they are allowing them to receive a license permitting them to use your application.

Be sure to add provisions that outline the scope of the license and limitations on its use. For example, you might want to add a provision stating the user can’t transfer the license to someone else.

Other standard stipulations that get written into EULAs include:

  • Defining how users can access the application
  • Limiting the number of downloads per license
  • Stating the license can be revoked at your company’s discretion

The primary message you want the user to take away from this section is that receiving a license doesn’t grant them any ownership of the software.

You also want users to know that they can expect to encounter other limitations within the agreement as they continue reading.

Restrictions on Application Use

Most EULA contracts have detailed information in this section about restricting certain actions when using the company’s application.

The bases you should cover in your EULA include not allowing a user to:

  • Send spam with the software
  • Set up a profit-making scheme using your app
  • Reverse-engineering the application
  • Copy code from the software
  • Use the application in a way that violates applicable laws

License Termination

Many EULAs have a section stating that the software owner has the right to terminate a user’s license if they’re caught violating the terms of the agreement. Additionally, the user must remove the software from any device on which they have it installed.

You can amend the clause to state that you will provide the user with a written notice a certain number of days before terminating the contract. Some companies also allow users the chance to make amends during that period before terminating the license.

Make sure your clause clearly outlines the following:

  • What acts would be considered worthy of terminating the license
  • How your company will execute the termination
  • What the user must do after your company terminates the license

Copyright or Intellectual Property Violations

The section outlining copyright infringement lets users know that copyright laws protect your software. Make sure you detail all software, documentation, and other material that is your company’s intellectual property.

This section is another area where you make it clear to users that they have no ownership rights to your software or any trademarks your business owns.

Warranty Disclaimer

The EULA warranty clause states that you are making your company’s application available to users in its current state. Therefore, your business does not claim responsibility for covering anything beyond what is required by law.

Many companies use this section to detail any warranties offered with the software. Our EULA template can help you craft a standard disclaimer for this segment.

Your warranty clause should specify that:

  • The user must make sure that the app is a good fit for their needs
  • Users assume responsibility for the product after the download
  • You can’t promise to keep the application free of viruses or other malicious software

The above is essential to protecting your business from legal claims issued by users who didn’t feel the product met their expectations.

Jurisdiction

It’s a good idea to include a section that clearly states which laws your business will use to defend your rights or raise a claim against a user of your software. Many companies have both the country and state listed in that section.

This clause should also clarify that your business will not abide by international laws about property rights.

Related Agreements

The related agreements sections point to other policies, like your company’s Terms and Conditions. It’s a reminder to users that they must agree to abide by other agreements before getting permission to use your business’s software.

Limits on Damage Liability

This section lets users know that you can’t be held responsible for issues that arise from their use of your company’s software. While a business can’t wholly exclude itself from all liability, you should have reasonable limitations on what your business ends up being responsible for if there is an issue with your software, including:

  • A loss to the end-user’s finances or reputation
  • Damages to the end-user’s system
  • Personal injury to the end-user

It helps to clarify what conditions would result in liability for your business. After that, you should clearly outline the limits around that responsibility. For example, some companies put a specific dollar amount around damages users can pursue if they decide to file a claim.

Control of Software Distribution

The distribution of software clause lets users know that they can only use the app if they follow the outlined limitations. That helps your business maintain control over when and how your application gets distributed.

As a result, your company is better positioned to enforce the terms of your EULA and allow you to regulate the interactions users have with your software.

Business Contact Information

The last clause in a EULA typically provides your business’s contact information like your company’s name, address, telephone number, and email. Adding this section makes it easier for users to reach out to your business if they have any questions about the EULA.

What Makes a Good EULA?

Companies looking to write a comprehensive EULA should make it as comprehensive as possible. You can do that by sitting down and coming up with any points you want to cover.

Try to think of all issues about your intellectual rights, what users might hold you responsible for, and how you can maintain control over the use of your software.

You should also review the agreement once it’s written to prevent spelling or grammatical errors you made that might leave the EULA open to any interpretation other than what your company intended.

It’s a good idea to craft the software installation so that users can’t proceed with the download without signing off on the agreement.

Here are some additional tips to follow when setting up your EULA:

Don’t Copy Text From Another App or Software

Avoid blatantly copying the text used by other software vendors. It is their copyrighted work, meaning they could file a claim against you for co-opting their language to benefit your business.

It’s also likely that there are distinct differences between your software and another vendor that should require you to come up with the original EULA language.

Write in Clear Language and Avoid Legalese

Use precise language and avoid overloading your text with unnecessary legalese that confuse the user. Muddy or unclear contract language may also be taken advantage of by someone looking to file a legal claim against your company.

Seek Advice From an Attorney

Your EULA should have personalized language about your software and related commercial relationships. Ensure you’re using the correct language in all your company’s EULA clauses by having the document reviewed by an attorney.

They can help you spot any conflicts in the language and ensure that you’re covering all avenues for protecting your intellectual property and anticipating other issues that might arise from the use of the software.

Outline Refund Policies

Add a section that states the conditions under which a user might have the ability to request a refund. That can circumvent any desire to pursue additional legal damages if the user’s issues result from a flaw with your software.

Your business should also make it clear that there is a refund policy available so that users don’t have to do endless digging around your site to find the text.

Potential Software Resell

If your company allows it, provide details to users of the circumstances under which they can sell their software license. That cuts down on any confusion and hassle for your business and the user.

EULA Updates and Changes

Find a way to give users notice if there are any changes to the language within your EULA. Then, they should have the opportunity to decide if they accept the revisions to the contract and are willing to abide by the updated terms.

Your EULA should be visible to your users at several points. For example, you can include a direct link in the footer of your business website landing page. It should also appear when users click a button to download the software.

Users should also have access to the EULA within the application, in a place like Settings or the About menu.

The easiest way to obtain consent for a EULA is prohibit access to your program until a user agree to its terms.

Good Examples of EULAs

Let’s look at some examples of EULAs currently used by major software and mobile app companies.

Adobe

Adobe’s EULA makes it clear from the opening phrase that installing the software represents agreement with all limitations and restrictions. Placing it upfront allows the user to immediately decide if they want to proceed with the software download.

adobe-eula-intro-section

The following Adobe EULA section defines the terms used throughout the agreement. For example, the contract states that Adobe refers to one entity for customers who live in the US, Canada, or Mexico and another for international users.

adobe-eula-definitions

The agreement also defines what it considers a computer and actions the software might trigger if the user initiates a download.

Adobe’s EULA doesn’t use confusing legal terms and makes the text large enough to be easily read by most users. In addition, it does things like distinguishing between those who purchase a license without signing up for Adobe membership plans.

It also goes into subjects like:

  • The licenses offered
  • Limitations around the number of downloads
  • When users are allowed to add the Adobe product to a server

Cisco

Cisco uses its EULA to cover the use of any software, whether it’s hosted on-site or in the cloud. The first section defines the scope of the agreement and how it applies to both Cisco and the user.

Cisco’s EULA is an excellent example of a contract that handles complex technical and legal topics as clearly as possible.

cicso-eula-example

They make it clear early on that downloading, installing, or using Cisco software implies agreement with the terms of the EULA.

It also defines that any user without the authority to agree to the EULA will receive a refund within 30 days of their purchase.

Spotify

Spotify’s EULA starts with an introduction outlining the sections users should read before agreeing to the terms. It also contains a clear statement that signing up for or using the Spotify service signifies agreement with the contract terms.

Another critical section at the end of the introduction is a paragraph stating that all disputes must be handled through arbitration versus a jury trial. That helps the company limit liability over any claims brought by users over its service.

spotify-terms-and-conditions-governing-body-clause

This is also a good EULA example because the company goes over every service option covered under the agreement. It also goes over how users can start using the service and defines the limited permissions granted by Spotify.

There’s also a section that covers bill payment options, the fact that the price of the service may adjust over time, and how users can terminate their use of Spotify.

Grammarly

Grammarly is a popular application used by writers to help them correct spelling and grammatical issues within their writing. Because Grammarly makes a version of its software available for free trials, their EULA clarifies early on that the contract also applies to trial users. That helps avoid the potential of users obtaining a copy of Grammarly and using it for non-intended purposes.

grammarly-free-trial-eula

Grammarly understood that many of those using the paid version of the product would be non-technical users. Therefore, the text is easy to read, and all the clauses within the EULA are distinct, with the terms spelled out.

Some sections go over essential subjects like rights granted under a Grammarly license and when the company is allowed to terminate the use of their software.

Generic EULA Template [Sample Text and Free Download]

You can download our free EULA template below in Word Doc, PDF, or Google Doc format. You can also just copy & paste the HTML directly to your website.

Before using it, read through the entire EULA template – fill in all of the [brackets], remove any sections that do not apply to your app, and tweak any language as needed.

EULA Template [Text Format]

END USER LICENSE AGREEMENT

Last updated [Date]

[Mobile Application Name] is licensed to You (End-User) by [Company Name], located at [Company Address] ("Licensor"), for use only under the terms of this License Agreement. We are registered in [Registered Country] and have our registered office at [Registered Address]. [Our VAT number is [Company VAT Number].]

By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree

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EULA Template HTML

You can copy our EULA template HTML code or download it using the options below.

EULA Template [Text Format]

END USER LICENSE AGREEMENT

Last updated [Date]

[Mobile Application Name] is licensed to You (End-User) by [Company Name], located at [Company Address] (“Licensor“), for use only under the terms of this License Agreement. We are registered in [Registered Country] and have our registered office at [Registered Address]. [Our VAT number is [Company VAT Number].]

By downloading the Licensed Application from Apple’s software distribution platform (“App Store“) and Google’s software distribution platform (“Play Store“), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. [Company Name], not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules“). [Company Name] acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

[Mobile Application Name] transacted through the Services is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Termly is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS“) or Google’s operating system (“Android“).

This End User License Agreement was created by Termly’s EULA Generator.

1. THE APPLICATION

[Mobile Application Name] (“Licensed Application“) is a piece of software created to [Purpose of Mobile Application] — and customized for iOS and Android mobile devices (“Devices“). It is used to [Main Use of Mobile Application].

Furthermore, it is used to [Other Uses].

[The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA). / [Add own Industry-Specific Compliance Clause]]

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with [Company Name]‘s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with [Company Name]‘s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Licensed Application requires a firmware version [1.0.0 / Other] or higher. Licensor recommends using the latest version of the firmware.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. [NO] MAINTENANCE AND SUPPORT

4.1 [[Company Name] is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application. / The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.]

4.2 [Company Name] and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: [Privacy Policy URL].

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

[The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. / The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.] When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENSE

[By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

/

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.]

8. LIABILITY

8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

8.3 Licensor takes no accountability and responsibility in case of [Other Limitations of Liability].

9. WARRANTY

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of [Company Name]‘s sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify [Company Name] about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of [#] days after discovery.

9.4 If we confirm that the Licensed Application is defective, [Company Name] reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS

[Company Name] and the End-User acknowledge that [Company Name], and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

[Contact Person]
[Street Address]
[City, State ZIP Code]
[Country]
[Email Address]

13. TERMINATION

The license is valid until terminated by [Company Name] or by You. Your rights under this license will terminate automatically and without notice from [Company Name] if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

[Company Name] represents and warrants that [Company Name] will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

[Company Name] and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, [Company Name], and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This License Agreement is governed by the laws of [Country / State] excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Summary

A EULA should be considered essential to any company that develops and distributes software applications. Having a contract between your business and the end-user protects your rights over the software and gives your business control over its usage.

Map out the most important sections you want to include in your EULA. Our sample mobile app EULA template can help you outline the document, but you should also have the attorney review the contract before making it publicly available to users.

Be sure you get consent for your EULA and other policy documents before allowing users permission to use your application. The goal of a EULA is to protect your business from unnecessary liability and keep individuals from using your product in a way your company did not intend.

Masha Komnenic CIPP/E, CIPM, CIPT, FIP
More about the author

Written by Masha Komnenic CIPP/E, CIPM, CIPT, FIP

Masha is an Information Security and Data Privacy Specialist and a Certified Data Protection Officer. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. She has also been a privacy compliance mentor to many international business accelerators. She specializes in implementing, monitoring, and auditing business compliance with privacy regulations (HIPAA, PIPEDA, ePrivacy Directive, GDPR, CCPA, POPIA, LGPD). Masha studied Law at Belgrade University, and she passed the Bar examination in 2016. More about the author

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