End-user licensing agreements have also been criticised for containing conditions that impose onerous obligations on consumers. For example, Clickwrapped, a service that evaluates consumer companies on how well they respect users` rights, reports that they are increasingly including a clause preventing a user from taking the company to court. [22] You can take control of Apex Vendor Reporting software (e.g., PC, laptop, mobile phone, or tablet). You are responsible for ensuring that your device meets the minimum requirements of Apex Vendor Reporting software. We may terminate your rights to use the Software and Services at any time by contacting you if you have materially violated these Terms. If what you have done can be corrected, we will give you a reasonable opportunity to do so. What is a sample End User License Agreement? Many EULAs impose extensive limitations of liability. In most cases, a EULA will attempt to indemnify the software licensor in the event that the software damages the user`s computer or data, but some software also offers limitations on whether the licensor can be held liable for damages resulting from misuse of the software (e.g., incorrect use of tax preparation software and penalties accordingly). One case that maintains such consequential limitations is M.A. Mortenson Co. v. Timberline Software Corp., et al. Some EULAs also claim limitations on venue and applicable law in the event of a dispute.

Apex Ceph Technologies, LLC hereby grants you a personal, non-transferable, non-exclusive license to use Apex vendor reporting software on your devices in accordance with the terms of this EULA. h. The Licensed Application and related documentation are “Commercial Items” within the meaning of 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Pursuant to 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, the Commercial Computer Software and the Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as commercial items and (b) with only the rights granted to all other end users under the terms contained herein.

Unpublished rights reserved under U.S. copyright laws. Unlike EULAs, FOSS licenses do not function as contractual extensions of existing laws. No agreement is ever made between the parties because a copyright license is simply a statement of permissions for something that would otherwise be prohibited by default under copyright law. [2] An end user could potentially use an app in a variety of ways, including through illegal means. You must include a section that specifies usage restrictions. Usually, you`ll see restrictions on things like copying the license to multiple devices, using it to break laws, or reverse engineer the software to reproduce it. It`s important to always include a usage limitation clause so that you can limit the actions others can perform with your software application. Apex Ceph Technologies, LLC retains ownership at all times of the software as originally downloaded by you and all subsequent downloads of the software by you. The Software (and copyrights and other intellectual property rights of any kind in the Software, including any modifications thereto) are and shall remain the property of Apex Ceph Technologies, LLC. Although a license agreement varies from product to product, it should always include some basic components, including: In this clause, the licensor declares that it is not liable for any damages that may arise from the application. This is an important clause that must be included to protect the licensor or supplier from liability.

For example, if someone installs an app on their mobile device and the phone doesn`t work as a result, the owner cannot assume any responsibility from the provider for repairs to the damaged phone, even if the app actually caused the malfunction. If you sign up for a free trial of Apex Vendor Reporting software, this EULA also applies to that trial. By clicking “Accept” or installing and/or using the Apex Vendor Reporting software, you confirm your acceptance of the software and agree to be bound by the terms of this EULA. Ultimately, an end user license agreement protects you, the owner or licensor of the application, from copyright infringement and other misuse of the software, so it`s important to add one when distributing the software to customers. If you need help drafting an end-user license agreement, our lawyers can help. Some end-user license agreements accompany shrink-wrapped software that is presented to a user during the installation process, sometimes on paper or usually electronically. The user has the choice to accept or reject the contract. Installation of the software requires the user to click on a button labeled “Accept”.

See below. An End User License Agreement (EULA, /ˈjuːlə/) is a legal agreement between a software developer or provider and the user of the software, often when the software was acquired by the user from an intermediary such as a retailer. A EULA sets out in detail the rights and restrictions that apply to the use of the software. [1] All intellectual property rights in the Software, Documentation and Services worldwide belong to us, and the rights to the Software and Services are licensed (not sold) to you. You have no intellectual property rights in the Software, Documentation or Services, other than the right to use them in accordance with these Terms. The term retractable license colloquially refers to any software license agreement that accompanies a software package and is only available to the customer after purchase.