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end-user license agreement


(End User License Agreement) The legal agreement between the manufacturer and purchaser of software that stipulates the terms of usage. Pronounced "you-lah," the EULA is displayed with the installation dialog and requires the user to "Accept" or "Agree" to continue. Prior to downloadable software, the EULA was printed on or within the packaging and stated that removing the shrinkwrap from the box or discs was automatic acceptance.

The EULA generally disclaims all liabilities for loss of data in the user's computer when the software is running. It generally guarantees nothing except that a defective disc will be replaced if there was physical media. EULAs are so inclusive that if the software computed 2+2=5, the disclaimer would likely apply. Whether that would hold up in court is another matter.

If this sounds like a license to make inferior software, the first EULAs were written when operating systems were much less stable and prone to crashing, and even the largest companies were unable to test their software with everything else that users might be running at the same time. However, the issue of liability has never really been changed, and the customer takes the risks.

Does Anyone Read It?
Users rarely read the EULA because it is often long and full of legalese. In 2005, PC Pitstop wanted to know if anyone really does read it, and at the end of the EULA offered a reward if the user e-mailed them. After five months and 3,000 downloads, somebody did and received a check for USD $1,000.

However, the fact that people do not read the agreement is how spyware has been legally distributed to users. Some EULAs explicitly state that additional software will be installed that reports the user's surfing habits or performs some other unwanted function. See drive-by install, concurrent use license and per seat license.

Would You Read It?
This EULA came via iTunes to the iPhone. Although easy to read, the EULA is requesting agreement to 55 screenfuls of text. Most likely, everyone clicked Agree, trusting that Apple is an ethical company that means no harm but takes reasonable measures to protect itself.
References in periodicals archive ?
The ESI end user license agreement includes language giving precedence of the ESI EULA over a click-wrap license, thereby voiding any conflicting click-wrap license terms and conditions.
Microsoft cautions that consumers who acquire pirated software could find, in addition to the increased potential for viruses, that such software is missing key elements such as user manuals, product identifications, Certificates of Authenticity, end user license agreements and even software code.
The viewer must accept a stringent End User License Agreement (the document that appears with all new software) before looking at the work.
When acquiring a program, consumers are buying the right to use the software in accordance with the license, or End User License Agreement (EULA), that comes with the software.
Non-commercial developers worldwide may freely integrate the Skype API in compliance with the Skype software End User License Agreement (EULA).
Netcom Computer Technology of Springfield allegedly distributed counterfeit copies of Windows 95 and the Microsoft Mouse as well as a counterfeit End User License Agreement for Office Professional 97 (Civil Action No.
The counterfeit CDs in the raid were packaged in jewel cases without the necessary End User License Agreement and Certificate of Authenticity.
Jensen, president, COO and acting CEO of NeoMedia, said his company was notified by an AirClic attorney that an End User License Agreement (EULA) was executed by AirClic and Symbol on May 27, with AirClic paying Symbol for the licensed purchased as of that date.
In the GCN article, ScriptLogic claims that it's software cannot be exploited without violating it's End User License Agreement (EULA).
Microsoft confirms that identical language to that in the PUR document viewable on Microsoft's website is also to be found in the Windows XP End User License Agreement that home and small business XP customers receive with the product.
Beyond the courtroom, Hopkins has expertise in a wide range of emerging technologies, such as app development, bitcoin/virtual currency regulation, cloud computing, drones, e-discovery and retention, drafting end user license agreements (EULA), Internet crimes, data privacy, social media discovery/policy writing, and web contracts.
The book discusses how copyright should be applied, examines registering intellectual property in Second Life, and delves into end user license agreements.