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Software License Agreement
THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") dated this ________ day of ________________, ________ (the "Execution Date")
BETWEEN:
_________________________ of _________________________(the "Vendor")
OF THE FIRST PART
- AND -
_________________________ of _________________________(the "Licensee")
OF THE SECOND PART
BACKGROUND:
The Vendor wishes to license computer software to the Licensee and the Licensee desires to purchase the software license under the terms and conditions stated below.
IN CONSIDERATION OF the provisions contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:
IN WITNESS WHEREOF the parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.
_____________________________________________________(Vendor)
_____________________________________________________(Licensee)
An End-User License Agreement is also known as a:
The acronym, EULA, stands for End-User License Agreement, and is also sometimes referred to as a software license agreement.
An End-User License Agreement is a contract that allows a user to purchase the rights to use a software application from its publisher.
The parties in a EULA are:
A EULA is similar to a rental agreement where, rather than renting property or physical goods, the licensee pays to use the software in the manner stipulated in the contract. This means the user complies with any and all restrictions stated in the EULA by the software author or publisher. These restrictions can include a time limit of use (e.g. a subscription), a limited number of downloads (e.g. installation on 5 computers or other electronic devices), and more.
It's commonly seen as a popup after you've downloaded a new computer program or completed a recent operating system update. Some software might be sold with a physical EULA enclosed that comes into effect once the seal is broken or the software is downloaded.
How a EULA is accepted depends on the scenario and how the EULA is delivered.
For instance, if you're downloading software from the internet, the EULA is delivered electronically.
Alternately, if you're purchasing a physical copy of software (on a CD, for instance) from an electronics store, the EULA can appear in the box in the form of a paper document or manual.
It can be accepted in a variety of ways:
An End-User License Agreement normally includes:
In some cases, the purchaser's details are included in the agreement, but this is usually only the case for physical EULAs that are accepted upon execution rather than accepted on delivery (because the purchaser has to be present with the vendor to sign). This is sometimes seen in cases where the purchaser/licensee is a large organization, e.g. a large marketing firm purchasing 50 licenses for Adobe Creative Suite for their design team.
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