VIEWS: 3,671 PAGES: 5 CATEGORY: Protecting Intellectual Property POSTED ON: 1/26/2010
End User License Agreement is a license agreement between a software owner and the end user that outlines the terms of the installation of the software and the responsibilities and the liabilities of the end user.
End-User License Agreement This End User License Agreement sets forth the terms and conditions that govern the use of a company’s software by an end user. The end user is granted a license, which is a right to access and use, the software pursuant to the specified terms and conditions. As drafted, this document contains clauses pertaining to ownership, termination, warranty, disclaimer, limited liability, and export law. This document should be accepted by end users before they are allowed to access and use the software. This form provides standard language but can be customized fit the needs of any software creator, owner, or distributor. END-USER LICENSE AGREEMENT IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL This End-User License Agreement (hereinafter “EULA”) is a legal agreement between you, the user, (either an individual or a single entity) and ________________ [COMPANY NAME] (herein “Company”) for the Company’s software(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation (hereinafter "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you give your consent to be bound by the terms of this EULA. This license agreement represents the entire integrated agreement concerning the program between you and Company, (the "Licensor"), and it supersedes any prior agreement, proposal, representation, or understanding between the parties. If you do not agree to the terms and conditions of this EULA, you may not install or use the SOFTWARE. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. 1. GRANT OF LICENSE. The SOFTWARE is licensed as follows: (a) Installation and Use. Company grants you the right to install and use copies of the SOFTWARE on your computer running a validly licensed copy of the operating system for which the SOFTWARE was designed (e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, or Windows 7). (b) Backup Copies. You may also make copies of the SOFTWARE as may be necessary for backup and archival purposes. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Distribution. You warrant that you shall not remove or alter any copyright notices on any and all copies of the SOFTWARE. You must not distribute registered copies of the SOFTWARE to third parties. Evaluation versions available for download from Company’s websites may be freely distributed. (b) Prohibition on Reverse Engineering, Decompilation, and Disassembly. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 You must not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (c) Rental. You may not rent, lease, or lend the SOFTWARE. (d) Support Services. Company may provide you with support services related to the SOFTWARE (hereinafter "Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. (e) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE. 3. TERMINATION Without prejudice, Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE in your possession. 4. COPYRIGHT It must be assumed that all material on this SOFTWARE is protected by copyright laws unless otherwise noted and may not be used except as permitted in this EULA. Access to this SOFTWARE, does not grant you the license or right to you any service marks appearing on this SOFTWARE without the prior written approval of Company or the third party that may own the service mark. Unless otherwise specified, all service names, custom graphics, icons and logos are registered trademarks, unregistered trademarks, trade names or service marks of Company. All third party trademarks, trade names or service marks are the properties of their respective owners. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Company. 5. NO WARRANTIES Company expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided 'As Is' and on “As Available” basis, without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Company does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 SOFTWARE. Company makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Company further expressly disclaims any warranty or representation to Authorized Users or to any third party. 6. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGE WAIVER In no event shall Company be liable for any damages including, but not limited to, lost profits, business interruption, or lost information) arising out of Authorized Users' use of or inability to use the SOFTWARE, even if Companyhas been advised of the possibility of such damages. In no event will Companybe liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort, or otherwise. Companyshall have no liability with respect to the content of the SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights, or the disclosure of confidential information. 7. INDEMNITY You agree to defend, indemnify, and hold harmless, to the fullest extent allowed by law, Company, and its officers, directors, employees, and agents, from and against any third party claims, actions or demands (including, without limitation, costs, damages, and reasonable legal and accounting fees) resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. Company shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding. 8. DISPUTE RESOLUTION The EULA shall be governed by the laws of the State of __________, and the courts of __________ [STATE] shall have exclusive jurisdiction over any disputes arising under this EULA. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. 9. HOW TO CONTACT US If you have questions or concerns about these terms you can contact us at ___________. [COMPANY’S CONTACT INFORMATION] © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4
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