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, each EULA must include a section that explicitly states that a license is granted. Since a user can use the app in different ways (illegal or legal), a section containing restrictions on the use of the license is another important part of an EULA. [Licensor shall indemnify and hold harmless Customer and its officers, employees, agents and agents from and against all and all actions brought against Customer with respect to any claim, demand or cause of action by any third party, including reasonable attorneys` fees, to the extent that they are based on a claim that the Software infringes or infringes United States patents. Copyright, trade secrets or other proprietary rights of third parties. Customer may assist in such defense at its own expense if it so wishes, provided that Licensor controls such defense and all negotiations related to the settlement of such claim. The Customer shall immediately notify the Licensor in writing of any claim that, in the opinion of the Customer, falls within the scope of this Indemnification Provision of the Contract. In the event that the Software or any part thereof is considered a violation and its use is prohibited, Licensor may, in its sole discretion and expense, (i) modify the infringing Software so that it does not constitute a violation, (ii) provide Customer with the right to continue using the infringing Software, or (iii) replace this Software with appropriate software; non-counterfeit software. Notwithstanding the foregoing, Licensor has no obligation with respect to any claim to the extent that such claims arise from (i) modifications or additions to the Software made by or for Customer or any other party not provided by Licensor or approved in writing by Licensor; (ii) use outside the scope of the license granted hereunder, (iii) use of a superseded or previous version of the Software if the breach is caused by the use of a newer version provided by Licensor, or (iv) use of the Software in combination with other software, hardware or products not provided by Licensor; would have been avoided. This indemnification obligation is subject to the limitation of liability and does not apply to the open source components of the Software.] Although this provision is common in EULA, licensors` permitted rights in this area may change. A lawyer can advise you on the provisions that are enforceable in the applicable jurisdictions.
Here`s an example of what a very standard restriction clause looks like. Typically, you`ll see limitations on things like reverse engineering the software, copying the license to multiple devices without permission, and using the software to break laws. It`s up to you. Many companies have both, with the EULA dealing exclusively with the license and the terms and conditions with everything else. So once you have a working EULA, how do you view it and how do you get users to accept it? Explore. So how do you get that approval? It`s pretty simple – you use what`s called clickwrap. Clickwrap means that you ask someone to check a box to confirm that they have read and accepted the EULA, or that you draw special attention to the EULA. 3.3 Fees.
Baystate Technologies. 3.1 Software License. [Customer is granted a non-exclusive, non-transferable, non-assignable, and limited license for the term set forth in this Agreement to access, install, and use one production, trial, and backup copy of the Software in accordance with relevant documentation solely for Customer`s internal business purposes.] Customer may not use the Software to provide hosted or service desk services to the general public or to third party companies that are not managed entities for which Customer provides full technology services. .