An End User License Agreement (EULA), which may be referred to as the software license, gives a customer the right to use your software, so long as they comply with all the terms you set forth in the EULA. The user will either have the option to accept all the terms by expressly clicking “accept” or by simply using the application itself. Otherwise, they may refuse to accept the agreement by returning the software (if physical) or clicking the option that says “I do not accept.”
While you’re writing your EULA, which covers software apps, make sure to write out any corresponding Terms of Service (ToS) as well. These are used to govern the behavior of a user when they are using your website or mobile app. These allow you to restrict or terminate users’ access if they violate the ToS. If you have a web based service, this is vital to have in place in order to set expectations for users entering your site.
At the end of the day, these documents hold legal weight and require strict compliance, since you are saying you will operate in strict conformance of these terms. To get the best EULA and ToS, you’re going to want the help of an attorney who knows the ins and outs of these documents.
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