What is the difference between “Terms of Service” and “end-user license agreement”? When would you use one instead of the other?

Short Answer

EULA’s are intended to cover software apps. TOS are used to govern websites and mobile apps.

Longer Answer

An End User License Agreement, which may be also referred to as the software license, gives the user the right to use your software and comply with all the terms you set forth in the EULA. The user will have the option of accepting all the terms by expressly clicking “accept” or simply by just using the application. Or refuse to accept the agreement by returning the software (if physical) or clicking “I do not accept”. Think of it as like a rental agreement for your users. 

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