Home Blog Translating End-User License Agreements (EULAs)

Jump to Section

ContractsCounsel has assisted 60 clients with end user license agreements and maintains a network of 73 technology lawyers available daily. These lawyers collectively have 11 reviews to help you choose the best lawyer for your needs. Customers rate lawyers for end user license agreement matters 4.48.

Contract Translation: Are Bi-Lingual Digital Contracts Becoming More Important?

An end-user license agreement (EULA) is a legal contract between the author or publisher of a software application and the user of that software. The purpose of a EULA is to specify, in detail, the rights and restrictions which apply to the use of the software. One basic feature of a EULA is to hold harmless the software licensor in the event the application causes damage to the user’s data or computer. Many EULAs go further and propose limitations on what the licensor can be held liable for in regards to damages resulting from the use of the application. As you can imagine, EULAs can be lengthy and written in a highly technical and legal specific language.

EULAs are important legal documents in the software industry, which is an industry that has low barriers to entry in the global marketplace given the internet’s ability to reach global users. For this reason, translating EULAs is a common task for software companies and is a large undertaking given both their complexity.

Below we highlight some of the high-level challenges associated with translations end-user license agreements followed by practical approaches to addressing these issues.

Constant Language Adaption

Legal contracts are not only performative in nature, but also are meant to be informative and prescriptive to the signatories. This makes the accuracy of translating a contract crucial, given the amount of jobs the contract is working to achieve. Contract translation in general requires constant adaption of not only the legal text to properly perform the intentions of the contract, but also the adaption to be valid within the legal system of the target market. Not all countries operate under the same legal system so it is imperative to research the target country's legal system and adapt the contract accordingly. This step often takes place prior to translation.

Legal Language + Technical Language

Computer software is a highly technical field with a specific lexicon and its own set of dynamic global regulations related to the collection of user data and privacy. When you merge the technicality associated with software terminology and the technicality associated with legal text, you create a doubly complex document that requires a very specific set of skills for a translator and/or lawyer to possess. It is necessary for the party performing the translation to be deeply versed in software terminology, legal terminology, the local legal system, and the legal writing style in that particular jurisdiction.

Lack Exact Matching Words

Translation by nature is subjective and languages often do not have exact corresponding matches of specific terms of phrases. When framing translation within the legal contract umbrella, you often run into situations where one language does not have the exact equivalent of a given legal term. This often adds challenges to translation. A good example of this is the phrase ‘common law’, which often does not have an exact translation in languages where countries’ legal systems do not operate under ‘common law’. Another example is the word ‘agreement’ which is often used in the English language to reference a legal contract (E.g., end-use license agreement). In many languages, you would not want to translate the equivalent of agreement since it does not hold the same legal implications as the word ‘contract’ does in the United States.

Below are some practical suggestions and techniques with examples of how to address the above challenges:

Involve a Bi-Lingual Contract Lawyer

Translating an end-user license agreement without consulting a lawyer is a recipe for disaster. It most certainly creates legal risks, but it can also hurt your brand. A savvy international lawyer with relevant experience will help adapt the EULA for the right legal system and cultural style of writing. This will create instant credibility with an international user since it shows you spent the time and effort (and money) to internationalize the document for their user experience. These steps will also help protect you from any potential conflict. On the contrary, if you forgo this step, you risk losing trust in your users.

It may be tempting to use a translator or translation agency to handle the translation of the EULA for costs reasons. Keep in mind, it may end up being more expensive having a lawyer review and revise the work of the translator when correcting legal terminology that may have been mistranslated or other errors a non-lawyer would not know. There is a risk the overall expense may end up being higher than if you had a lawyer translate the document in the first place.

Legal Text Expansion

As mentioned above, there is often a lack of exact matching terminology when translating legalese from one language to another. We used the example of 'common law' since it does not have an exact equivalent in some languages from countries that do not use the common law legal system. Text expansion, or adding more words, phrases, or sentences than are in the source document, is a common strategy to help 'triangulate' the meaning you are working to achieve in the translation. Remember, the EULA is performative by nature, so do not feel compelled to stay within the rigid lexicon of the source document. It is okay to add more words if required to produce an accurate translation. When comparing English EULAs to their translation equivalent, you often see larger clauses in translated EULAs for this reason.

Legal Text Elimination

Like text expansion, text elimination is also a strategy to help produce accurate translations of EULAs. This technique can be employed when certain clauses, phrases, or other legalese text are not relevant within the legal system or culture you are translating the EULA for. An example of this are many of the archaic legal phrases that are still used today in legal contracts in the United States. A savvy lawyer will remove these if they hold no meaning in the country's legal system they are targeting.

Take a Holistic Approach

Lastly, and maybe most importantly, the translation of a EULA should be viewed on a holistic level. If the party completing the translation employs a word-for-word, phrase-for-phrase, or clause-for-clause strategy, you may risk damaging your brand and creating unnecessary legal risk. There are no mutually exclusive pieces of these project, thus it should be viewed as one overarching task and executed as such.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with an End User License Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 12,747 reviews

Meet some of our Lawyers

Namrita N. on ContractsCounsel
View Namrita
4.9 (12)
Member Since:
August 18, 2021

Namrita N.

Attorney at Law
Free Consultation
Plano, TX
4 Yrs Experience
Licensed in MN, TX
Mitchell Hamline School of Law

Retired Dentist transitioned to Law, with a special interest in Commercial Real Estate, Startup businesses, Asset Purchase Agreements, and Employment Contracts. I love to help dentists and physicians with legal issues pertaining to licensing, credentialing, employment, and general business-legal questions.

Jason H. on ContractsCounsel
View Jason
4.9 (19)
Member Since:
March 5, 2023

Jason H.

Managing Attorney
Free Consultation
Dallas, Texas
23 Yrs Experience
Licensed in TX, VA
Regent University, School of Law

Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.

Darryl S. on ContractsCounsel
View Darryl
5.0 (71)
Member Since:
November 9, 2023

Darryl S.

Founder and Counselor-at-Law
Free Consultation
TEXAS
31 Yrs Experience
Licensed in TX
The University of Texas School of Law Austin

I offer flat/fixed fees rather than hourly work to help lower your legal costs and align our interests. I specialize in contract law and focus on making sure your contract is clear, protects your interests and meets your needs. You can expect fast, straightforward communication from me, making sure you understand every step. With my experience, you'll get a detailed review of your contract at a fair, fixed price, without any surprises. I have over 30 years of business and legal experience that I bring to your project. I graduated from The University of Texas School of Law with High Honors in 1993 and practiced at Texas' largest law firm. I have founded companies and so understand how to be helpful as both a lawyer and business owner.

Nicole Y. on ContractsCounsel
View Nicole
Member Since:
October 3, 2023

Nicole Y.

Attorney
Free Consultation
Miami, FL
3 Yrs Experience
Licensed in FL
St. Thomas University School of Law

Nicole Yñigo is an accomplished attorney with over nine years of experience in the legal field. Raised in Miami, she obtained her education from the School for Advanced Studies, Florida International University, and St. Thomas University School of Law. Nicole is dedicated to helping her clients achieve their legal goals and has built a strong reputation for providing personalized and effective legal representation. She has worked with various law firms and insurance companies on both Plaintiff and Defense matters. Nicole is the founder of The Ynigo Legal Group, where she offers compassionate and competent legal counsel in a direct and practical approach.

Gunnar C. on ContractsCounsel
View Gunnar
Member Since:
October 3, 2023

Gunnar C.

Lawyer
Free Consultation
Indianapolis
12 Yrs Experience
Licensed in IN
Indiana University McKinney School of Law

I am a multifaceted lawyer, experienced in corporate law, nonprofits, private equity, real estate, financial services, taxation, trust and estate planning, and philanthropy. I am a strategic thinker and cross-functional collaborator who understands the importance of balancing revenue needs with business-minded legal counsel. I am skilled and experienced in preparing and reviewing SaaS agreements, service and vendor agreements, confidentiality, NDAs, data privacy, IP, licensing, real estate transactions, and partnership agreements.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with an End User License Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 12,747 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Technology Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with an End User License Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 12,747 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city