A EULA (or end user licence agreement) is a form of software licence. The purpose of a EULA is to set out the terms and conditions upon which an end user may make use of a software program.
We supply a standard EULA template, which is available for download from Website Contracts:
EULAs may be stand-alone contractual documents, or they may form part of a wider licence agreement with a company or other organisation.
EULAs often take the form of shrink-wrap agreements, click-wrap agreements, web-wrap agreements. A shrink-wrap agreement is one bound up in a shrink-wrap cover, which is accepted by the user when he or she opens the cover; a click-wrap agreement is one which must be accepted (e.g by clicking an “I agree” button) before software is used; and a web-wrap agreement is a form of click-wrap agreement where acceptance is given via the internet.
In addition to the licensing provisions, a EULA will usually incorporate a set of warranties, and sometimes indemnities.
Software is typically distributed internationally. Consequently, EULAs may need to comply with the law of more than one jurisdiction.
Where software will be used by consumers, the end user licence agreement will need to take account of applicable consumer protection legislation.