This End User Software License Agreement sets forth the terms and conditions that
govern the use of 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 an attorneys' fee provision as well as 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 software. This form provides standard language but can be customized fit the
needs of any software creator, owner, or distributor.
END-USER SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY.
THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IS BETWEEN
_______________ [Instruction: insert name of software company] (THE "COMPANY")
AND THE PERSON WHO OPENS THIS PACKAGE OR USES THE SOFTWARE
ACCOMPANYING THIS AGREEMENT (THE “USER”). THIS AGREEMENT GIVES A
USER THE RIGHT TO ACCESS AND USE COMPANY’S PRODUCTS AND SERVICES
(“PRODUCTS”) or (“SOFTWARE”) PURCHASED FROM COMPANY, ITS RESELLERS,
OR ITS AGENTS PURSUANT TO A PURCHASE AGREEMENT, CONTRACT, SALES
ORDER, INVOICE, OR SIMILAR DOCUMENT (“PURCHASE CONTRACT”). COMPANY
IS WILLING TO GRANT USER THE RIGHT TO ACCESS AND USE COMPANY’S
PRODUCTS ONLY IF USER ACCEPTS ALL OF THE TERMS OF THIS AGREEMENT
AND PAYS OR HAS PAID COMPANY, ITS RESELLERS, OR AGENTS, THE FULL
PURCHASE PRICE (INCLUDING ALL APPLICABLE TAXES AND FEES) FOR USE OF
THE LICENSE TO THE PRODUCTS PURCHASED.
BY CLICKING THE “I AGREE” BUTTON BELOW AND/OR ACCESSING THE
PRODUCTS, USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IF USER DOES NOT AGREE
TO ALL OF THE TERMS IN THIS AGREEMENT, USER SHOULD NOT ACCESS OR
OTHERWISE UTILIZE THE PRODUCTS BECAUSE NO LICENSE SHALL HAVE BEEN
In consideration of payment of the purchase price for the right to use Company’s Products and
User’s adherence to all provisions of this Agreement, Company grants User a personal, non-
exclusive, non-transferable, revocable license to access and use Company’s Products covered
hereunder for the sole purpose of accessing the Products purchased under the Purchase Contract.
_________________________________________________ [Instruction: Detail the specific
products that this License covers]. The Products also include any other programs, tools,
components and any updates (for example, documentation, help content, bug fixes, or other
information and releases) of the Products that Company provides or makes available to you.
User is not licensed or permitted under this Agreement to do any of the following: (1) allow any
other person to use the Products; (2) rent, loan, resell, distribute, or redistribute the original CD
or a copy of the Products to any other person or entity; (3) make the Products available on any
file-sharing or application hosting service; (4) electronically send the Products to any other
person; (5) copy the printed materials or user documentation accompanying the Products other
than as necessary to support the uses permitted above; (6) making the Products available to
others via shared access to a single computer, a computer network, or by sharing access
information, which includes the User’s Username and Password; and (7) reverse engineer,
disassemble, decompile, or translate the Products, or otherwise attempt to derive their source
code or the source code through which the Products is accessed, or authorize any third party to
do any of the foregoing. The license granted hereunder is personal to User, and any attempt by
User to transfer any of the rights, duties or obligations hereunder shall terminate this Agreement
and render it null and void.
RESERVATION OF RIGHTS AND OWNERSHIP
Company’s Products are the property of Company and its licensor(s), if any, and subject to
applicable patent, copyright, trade secrets, trademarks, and other proprietary rights. The
Products are licensed, not sold, to User for use only under the terms of this Agreement and
Company reserves all rights not expressly granted to User.
This Agreement will terminate immediately if User breaches any term of this Agreement.
Further, in the event of the termination or expiration of any agreement between Company and a
third-party content provider or licensor of all or a part of the Products, User’s right to access and
use the Products may also terminate or expire without prior notice to User. A User may
terminate this Agreement at any time by notifying Company in writing upon receipt of notice of
termination from User, the license and User’s access to the Products shall cease. Upon
termination, any refund to which User may be entitled shall be determined in accordance with
the terms of the applicable Purchase Contract.
CONTENT MAINTAINED BY THE COMPANY
User acknowledges and understands that: (1) Company may, from time to time, elect to update
the Products, but Company does not warrant or guarantee that any Products or other information
accessed through Company’s website(s) will be updated at any time during the term of this
Agreement and (2) Company does not recommend, warrant, or guarantee the use or performance
of any third-party product or service described in the Products or elsewhere in Company’s
website(s) and Company is not responsible for malfunction of such products or services due to
errors in the Products, User’s negligence, or otherwise. User agrees to seek additional
information on any third-party product or service from the respective third party. User covenants
that it will use the Products only for their intended use.
Company warrants that the Products will perform substantially in accordance with the
accompanying materials for a period of ______