End User Software Agreement

Also add a link to the installation or download screen to allow users to access the EULA before they actually access your software/application. If you don`t license, you won`t need a CLA. If you grant a license, you can have one or both of these agreements. Many companies have parodied this belief that users do not read end-user licensing agreements by adding unusual clauses, knowing that few users will ever read them. As an April joke, Gamestation added a clause stating that users who placed an order on April 1, 2010 agreed to give their souls irrevocably to the company, which was accepted by 7,500 users. Although there is a box to be contributed to exclude the „immortal soul” clause, few users have verified it, and Gamestation has concluded that 88% of its users have not read the agreement. [17] The PC Pitstop program contained a clause in its end-user license agreement that stipulated that anyone who read the clause and contacted the company would receive a financial reward, but it took four months and more than 3,000 software downloads before someone collected them. [18] During the installation of version 4 of the Advanced Reading Tool, the installer measured the time elapsed between the appearance and acceptance of end-user licensing agreements to calculate the average playback speed. While the agreements were accepted fairly quickly, a dialog box „congratulated” users for their ridiculously high reading speed of several hundred words per second. [19] South Park parodied in the HumancentiPad episode, in which Kyle had not read the terms of use of his latest iTunes update, and therefore accidentally agreed to let Apple employees act on him. [20] An effective and comprehensive CLA will ensure that anyone using your desktop or mobile app is aware that the user`s rights only go until you keep control of the software and who will use it.

Click-Wrap Licensing Agreements cover the formation of website-based contracts (see iLan Systems, Inc. v. Netscout Service Level Corp.). A common example occurs when a user has to accept a website`s licensing terms by clicking „Yes” in a pop-up to access the website`s features. This is therefore an analogy with retractable wrap licenses, for which a buyer implicitly accepts licensing conditions by first removing the retractable film from the software and then using the software itself. For both types of analysis, the focus is on the actions of the end user and asks whether the additional licensing conditions are explicitly or implicitly accepted. The 7th. And the 8th circuit subscribe to the argument „licensed and not sold”, when most other circuits are not necessary. In addition, the applicability of contracts depends on the adoption by the state of the laws of uniformity of transactions on computer information (UCITA) or the anti-UCITA (U-BombATION Shelter) Act. In the anti-UCITA states, the Single Code of Commerce (UCC) has been amended to explicitly define the software as a good (which places it in the UCC), i.e. to prohibit contracts that stipulate that the terms of the contract are governed by the laws of a state that existed in DIE UCITA.