Such EULAs are, in essence, efforts to gain control, by contract, over matters upon which copyright law precludes control. Some copyright owners use EULAs in an effort to circumvent limitations the applicable copyright law places on their copyrights (such as the limitations in sections 107–122 of the United States Copyright Act), or to expand the scope of control over the work into areas for which copyright protection is denied by law (such as attempting to charge for, regulate or prevent private performances of a work beyond a certain number of performances or beyond a certain period of time). Some EULAs also claim restrictions on venue and applicable law in the event that a legal dispute arises. One case upholding such limitations on consequential damages is M.A. Most commonly, an EULA will attempt to hold harmless the software licensor in the event that the software causes damage to the user's computer or data, but some software also proposes limitations on whether the licensor can be held liable for damage that arises through improper use of the software (for example, incorrectly using tax preparation software and incurring penalties as a result). Many EULAs assert extensive liability limitations. The installation of the software is conditional to the user clicking a button labelled "accept". The user has the choice of accepting or rejecting the agreement. Some end-user license agreements accompany shrink-wrapped software that is presented to a user sometimes on paper or more usually electronically, during the installation procedure. Software companies often make special agreements with large businesses and government entities that include support contracts and specially drafted warranties. As the user may not see the agreement until after they have already purchased the software, these documents may be contracts of adhesion. Many form contracts are only contained in digital form and only presented to a user as a click-through which the user must "accept". A EULA specifies in detail the rights and restrictions which apply to the use of the software.
( Learn how and when to remove this template message)Īn end-user license agreement is a legal contract entered into between a software developer or vendor and the user of the software, often where the software has been purchased by the user from an intermediary such as a retailer.
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