ContractsCounsel Logo

End User License Agreement

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 7,494 reviews
Home Types of Contracts End User License Agreement

Jump to Section

Need help with an End User License Agreement?

Create a free project posting

What Is an End-User License Agreement?

An end-user license agreement is a license that gives the user the right to use an application. It details how the software application can be used, as well as explains any restrictions. Most end-user license agreements, for example, prohibit the end user from sharing or distributing the software in any way that benefits the buyer rather than the original creator.

Before you can download and install any type of software application, you usually are required to read and agree to a user license. Once the user opens the software installer, the EULA typically must be signed digitally or the installation cannot be completed.

EULAs are not legally binding . When a consumer agrees to the terms specified in the license agreement, they are actually renting or purchasing a license from the vendor. The downside of a license agreement is that it doesn't protect the consumer. The EULA protects only the copyright owner. In fact, not only does the vendor own the license, but they also legally own any private data that the consumer entered into the software. These software owners can access, read, or share this private consumer data in any way they want.

Other Names for an End-User License Agreement

The end-user license agreement goes by a number of different names, including:

  • EULA.
  • Licensed application end-user agreement.
  • Software license agreement.
  • Licensing agreement.
  • Software license agreement.
  • Click-wrap license.
  • Shrink-wrap license.
  • Browse-wrap license.

Get Free Bids to Compare

Leverage our network of lawyers, request free bids, and find the right lawyer for the job.

Get Bids Now

Common Clauses for End-User License Agreements

There are some clauses that software owners should include in every EULA. They address the granting of licenses, infringement information, restrictions on how the application can be used, termination of licensing, and other limitations and disclaimers for the warranties and liability. The clauses include:

  • License Granting The primary purpose of an end-user license agreement is to give the buyer or user the right to use the application. For this reason, every EULA should include a section that specifically states that a license is being granted.
  • Restrictions for Use An end user could potentially use an app in different ways, including illegal means. You should include a section that states restrictions on how it can be used. Usually, you'll see restrictions on things like copying the license into multiple devices, using it to break laws, or on reverse engineering the software to reproduce it. It's important to always include a Restrictions of Use clause so you can limit the actions other people can take using your software application.
  • Related Agreements You should also include a clause in your EULA that the end user also agrees to the terms stated in other agreements, such as the Privacy Policy or Terms and Conditions agreement. If you have other agreements that place restrictions on how people can use the app, you should consider placing links to all of those agreements close to your license agreement information. Some companies choose to incorporate links to those agreements into the bottom of the licensing agreement so the user can access all of the restrictions at once when viewing the EULA.
  • Copyright Infringement Infringement issues are common when you're dealing with software. For this reason, you should always include a section in your licensing agreement that states what will happen if a user commits copyright infringement. While this section can be brief, it should include specific language that makes it really clear to the user that if copyright infringement takes place, the user will be held liable for any legal issues that arise.
  • Termination of Licensing In the event of restriction violations or other issues, the software owner should keep the right to terminate the license. The Termination of Licensing clause is usually absolute, granting strong rights to the licensor of the app rather than the user or buyer.
  • Warranty Disclaimer A disclaimer of warranties is an extremely important clause in any licensing agreement. It essentially states that the app is available as it is and that the developer or owner isn't responsible for making any changes or improvements to better meet the needs or desires of the end user.
  • Limitations of Liability In this clause, the licensor states that they aren't responsible for any damages that could occur as a result of the app. It's an important clause to include in order to protect the licensor or provider from liability. For example, if someone installs an app on their mobile device and the phone malfunctions as a result, the owner cannot pursue liability from the provider for reparations for the phone that is damaged, even if the app did, in fact, cause the malfunction.

Components of an End-User Licensing Agreement

While a licensing agreement will vary from one product to the next, they should always include some basic components, including:

  • Licensor The name, address, and other contact information for the person who developed the software.
  • Warranty disclaimer Says that the software is delivered "as is" and that the provider isn't responsible for any problems that occur as a result of the software.
  • Infringement acknowledgment States that any violation of copyright law assigns to the licensee.
  • Governing law This identifies the state's laws that apply if any conflict comes up.
  • Licensee Provides the name, address, and other contact information for the user who's requesting to use the software.
  • License granting This grants permission for the licensee to use the software.
  • Software Provides the name of the software being licensed.
  • Maintenance and support This states whether support and maintenance will be available for the app and whether it will be delivered over the phone, via email, or in person. It also states how often maintenance will occur and on what schedule.
  • Start date This states at what point the end user is bound to the terms and conditions. For example, they may be bound to the terms upon download or when they open the package.
  • User restrictions This places limitations on how the end user can legally use the application.
  • Site licenses This states whether the user can install the software on more than one device.
  • Termination States what violations give the software provider the right to cancel the agreement.

Why Use an End-User License Agreement

When a customer downloads your software, they're essentially copying your work onto their computer or personal device. If you want to maintain any control over how it's used, you should include an EULA in the purchasing or downloading process. If the app or software has to be purchased by the user, they are typically required to agree to the EULA before paying, which means that there is no harm done if the user doesn't agree to the licensing agreement.

Some companies include licensing agreements to maintain control of their image. They may include a clause that states specifically how the software can be used or what material can be put into the app. Licensing agreements are particularly common with mobile apps and social media.

Ultimately, an end-user license agreement protects you, the owner, or licensor of the app from copyright infringement and other misuse of the software, so it's important to include one when you are distributing software to customers. If you need help creating an end-user license agreement , our lawyers can assist you.

Need help with an
End User License Agreement?

Create a free project posting

Meet some of our End User License Agreement Lawyers

Forest H. on ContractsCounsel
View Forest
5.0 (47)
Member Since:
July 14, 2020

Forest H.

Attorney
Free Consultation
Nashville, TN
25 Yrs Experience
Licensed in FL, TN, TX
Washington and Lee University

Forest is a general practice lawyer. He provides legal advice regarding small business law, contracts, estates and trusts, administrative law, corporate governance and compliance. Forest practiced complex commercial litigation in Florida for eight years, representing clients such as Host Marriott, Kellogg School of Business, and Toyota. Since moving to Nashville in 2005, he has provided legal advice to clients forming new businesses, planning for the future, and seeking funding through the use of equity and/or debt in their businesses. This advice has included the selection of business type, assistance in drafting and editing their business plans and offering material, reviewing proposed term sheets, and conducting due diligence. Forest is a member of the Florida, Tennessee, and Texas Bars; in addition. Forest has held a Series 7, General Securities Representative Exam, Series 24, General Securities Principal, and Series 63, Uniform Securities Agent State Law.

Nicholas V. on ContractsCounsel
View Nicholas
5.0 (12)
Member Since:
February 28, 2022

Nicholas V.

Attorney
Free Consultation
Denver, CO
5 Yrs Experience
Licensed in CO, NY, TX
Texas A&M University School of Law

I am a solo practitioner with offices in Denver, Colorado and Austin, Texas with a focus on general business and real estate contracts.

Richard N. on ContractsCounsel
View Richard
4.9 (47)
Member Since:
July 9, 2020

Richard N.

Managing Member
Free Consultation
Princeton, NJ
40 Yrs Experience
Licensed in NJ
New York Law School

I have been practicing law for 35 years. In addition to my law degree, I hold an MBA. I've created six companies, currently act as outside counsel to another 12, and have been an advisor to more than 500 startups and entrepreneurs.

Travis D. on ContractsCounsel
View Travis
5.0 (1)
Member Since:
August 8, 2022

Travis D.

Partner
Free Consultation
Norman, OK
3 Yrs Experience
Licensed in OK
University of Oklahoma

Travis counsels individuals and businesses on a broad range of complex topics. His practice centers on producing efficient, client-driven results. He concentrates his practice on real estate, construction, and general business matters with an emphasis on assisting clients both before and after problems occur by drafting contracts designed to best position clients to avoid disputes and litigating matters to a final resolution if problems emerge. Born and raised in Oklahoma, Travis is a triple graduate of the University of Oklahoma, having obtained his Bachelor of Arts, Master of Business Administration, and Juris Doctor degrees from OU. Prior to practicing law, Travis managed the finances and business operations of a successful construction supply company for several years. This insight into sophisticated business dealings, contractual issues, and strategic planning makes him uniquely qualified to handle a wide range of legal matters. Travis lives in Norman with his wife, Haley, dogs, Walter and Poppy, and cat, Ernest. Outside of the office, Travis enjoys playing golf and reading.

Justin C. on ContractsCounsel
View Justin
5.0 (1)
Member Since:
August 12, 2022

Justin C.

Partner
Free Consultation
Hammond Indiana
6 Yrs Experience
Licensed in IN
Valparaiso University Law School

Justin Camper is a small business and trademark attorney, entrepreneur, public speaker, and writer. Justin has been practicing law close to 5 years and has done various areas of law from criminal work as a Prosecutor, to business and civil litigation at private law firms.

Bolaji O. on ContractsCounsel
View Bolaji
Member Since:
August 9, 2022

Bolaji O.

Princial Attorney
Free Consultation
New York
4 Yrs Experience
Licensed in NY
Texas Souther University - Thurgood Marshall School of Law

Bolaji O. Okunnu is an entertainment lawyer and founder of the Okunnu Law Group, PLLC based in New York, New York. His practice includes work in the area of copyright, trademark, contract, intellectual property and business law. As an entertainment attorney, Bolaji represents a diverse roster of celebrities, record labels, music publishers, artists, bands, entrepreneurs, authors, songwriters, artist managers, record producers and entertainment executives concerning their intellectual property, business affairs and creative assets. He is an expert at solving complex and sophisticated legal and business issues relating to contracts, copyrights and trademarks. With his background in both the law and the music business, he brings a broad perspective to problem-solving and business plan strategies. He also has an extraordinary ability to speak to the hearts of creatives while helping them discover their voice and clarify their creative dreams and assignments.

Matt M. on ContractsCounsel
View Matt
Member Since:
August 16, 2022

Matt M.

Attorney
Free Consultation
Orem, Utah
16 Yrs Experience
Licensed in UT
Washington & Lee University

I love to learn, and I love solving problems. That's why I became a lawyer, and learned to solve legal problems for individuals and businesses and help them fix things when there's a snag. Touch base if you think I could have something to offer for you or your company. Experienced, results-oriented legal professional whose background and education have established him as a valuable resource in areas of corporate law, franchising, litigation, compliance, mortgages and banking, and more. Practice Areas Include: Corporate law, Franchising, Litigation, real estate, corporate law, civil disputes, insurance representation, corporate counseling, dispute resolution, risk management, regulatory counsel, compliance. Experience involves sophisticated as well as routine corporate structuring and transactions, simple and complex litigation, and written and oral advocacy such as depositions, mediated settlement conferences, trials, appeals, written pleadings and discovery, and case strategy and analysis. Experience managing and litigating disputes between parties and negotiating settlements across the spectrum of civil litigation, including probative discovery, successful motions practice, legal research and writing, appellate practice, and legal consultation to individuals and business entities. Further experience includes digesting and monitoring updates to the legal landscape to advise clients or departments and successfully adapt policies and procedures to assure compliance with applicable laws and regulations as well as to manage risk effectively. For those needing a skilled commercial or corporate lawyer, or for individuals whose rights need persuasive advocacy, I am a valuable resource. Representative work also has involved success on the appellate level, as in Baker Construction Company, Inc. v. City of Burlington and Hawthorne, LLC, North Carolina COA09-13.

Find the best lawyer for your project

Browse Lawyers Now
Technology lawyers by top cities
See All Technology Lawyers
End User License Agreement lawyers by city
See All End User License Agreement Lawyers

ContractsCounsel User

Recent Project:
Write EULA for software
Location: Florida
Turnaround: A week
Service: Drafting
Doc Type: End User License Agreement
Number of Bids: 4
Bid Range: $475 - $750

ContractsCounsel User

Recent Project:
Need Bulletproof EULA for specialized tech support
Location: Delaware
Turnaround: Over a week
Service: Drafting
Doc Type: End User License Agreement
Number of Bids: 4
Bid Range: $500 - $750
related contracts
See More Contracts
other helpful articles

Need help with an End User License Agreement?

Create a free project posting

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