EULA Example

[runswithsizzors]

Hey for all to see I thought I would post an EULA example to see if anyone likes it or can take it and tweak it as they see fit. I hope you enjoy.


COPYRIGHTS:

Copyright 2005 [Company Name]. All Rights Reserved.



The [Software Name] software is Copyright 2005 [Company Name]. All

rights reserved. This software may not, in whole or in any part, be

copied, reproduced, transmitted, translated (into any language, natural

or computer), stored in a retrieval system, reduced to any electronic

medium or machine readable format, or by any other form or means

without prior consent, in writing, from [Company Name].



You are granted a limited license to use this software. The software

may be used or copied only in accordance with the terms of that

license, which is described in the following paragraphs.



TRADEMARKS:

[Software logos, icons, etc that are Trademarked list here]



LICENSE:

"THE SOFTWARE" SHALL BE TAKEN TO MEAN THE SOFTWARE

CONTAINED IN THIS PACKAGE AND ANY SUBEQUENT

VERSIONS OR UPGRADES RECEIVED AS A RESULT OF HAVING

PURCHASED THIS PACKAGE. "BUYER" SHALL BE TAKEN AS

THE ORIGINAL PURCHASER OF THE SOFTWARE.



BUYER HAS THE NON-EXCLUSIVE RIGHT TO USE THE

SOFTWARE ONLY ON A SINGLE COMPUTER. BUYER MAY NOT

ELECTRONICALLY TRANSFER THE PROGRAM FROM ONE

COMPUTER TO ANOTHER OVER ANY TYPE OF NETWORK.

BUYER MAY NOT DISTRIBUTE COPIES OF THE SOFTWARE OR

THE ACCOMPANYING DOCUMENTATION TO OTHERS EITHER

FOR A FEE OR WITHOUT CHARGE. BUYER MAY NOT MODIFY

OR TRANSLATE THE PROGRAM OR DOCUMENTATION. USER

MAY NOT DISASSEMBLE THE PROGRAM OR ALLOW IT TO BE

DISASSEMBLED INTO ITS CONTITUENT SOURCE CODE.

BUYER'S USE OF THE SOFTWARE INDICATES HIS/HER

ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF BUYER

DOES NOT AGREE TO THESE CONDITIONS, RETURN THE

DISTRIBUTION MEDIA, DOCUMENTATION, AND ASSOCIATED

MATERIALS TO THE VENDOR FROM WHOM THE SOFTWARE

WAS PURCHASED, AND ERASE THE SOFTWARE FROM ANY

AND ALL STORAGE DEVICES UPON WHICH IT MAY HAVE BEEN

INSTALLED.



THIS LICENSE AGREEMENT SHALL BE GOVERNED BY THE

LAWS OF THE UNITED STATES OF AMERICA, [State or Province in which software will be developed] AND SHALL INURE TO THE BENEFIT OF [Company Name] OR ITS ASSIGNS.



DISCLAIMER / LIMITATION OF LIABILITY:

BUYER ACKNOWLEDGES THAT THE SOFTWARE MAY NOT BE

FREE FROM DEFECTS AND MAY NOT SATISFY ALL OF BUYER'S

NEEDS. [Company Name] WARRANTS ALL MEDIA ON WHICH THE

SOFTWARE IS DISTRIBUTED FOR 60 DAYS TO BE FREE FROM

DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL

USE. THE SOFTWARE AND ANY ACCOMPANYING WRITTEN

MATERIALS ARE LICENSED "AS IS". BUYER'S EXCLUSIVE

REMEDY DURING THE WARRANTY PERIOD SHALL CONSIST OF

REPLACEMENT OF DISTRIBUTION MEDIA IF DETERMINED TO

BE FAULTY. IN NO EVENT WILL [Company Name] BE LIABLE FOR

DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE

OR DAMAGES RESULTING FROM LOSS OF USE, OR LOSS OF

ANTICIPATED PROFITS RESULTING FROM ANY DEFECT IN THE

PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGE. SOME LAWS DO NOT ALLOW

THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR

LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,

SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY.



SPECIFIC RESTRICTIONS:

IN ACCORDANCE WITH THE COMPUTER SOFTWARE RENTAL

ACT OF 1990, THIS SOFTWARE MAY NOT BE RENTED, LENT OR

LEASED.



THE SOFTWARE AND ACCOMPANYING DOCUMENTATION MAY

NOT BE PROVIDED BY A "BACKUP SERVICE" OR ANY OTHER

VENDOR WHICH DOES NOT PROVIDE AN ORIGINAL PACKAGE

AS COMPOSED BY [Company Name], INCLUDING BUT NOT

LIMITED TO ALL ORIGINAL DISTRIBUTION MEDIA,

DOCUMENTATION, REGISTRATION CARDS, AND INSERTIONS.

 

[sevenhalo]

"BUYER ACKNOWLEDGES THAT THE SOFTWARE MAY NOT BE FREE FROM DEFECTS AND MAY NOT SATISFY ALL OF BUYER'S NEEDS."

That's all I needed to see. Looks good.

 

[Troy]

I have one also :

The product is protected by Federal Copyright Law. [COMPANY NAME] retains the title to and ownership of the Product. You are licensed to use this Product on the following terms and conditions:

LICENSE - The licensee is defined as the individual or company utilizing the Software Product. [COMPANY NAME] hereby grants the licensee a nonexclusive license authorizing the licensee to use the enclosed Product on one computer at a time. The licensee is also permitted to distribute this product to one, and only one web server to host the Program. Please contact [COMPANY NAME] if you require additional licenses. Use of this product by more than one individual or by anyone other than the licensee terminates, without notification, this license and the right to use this product.

YOU MAY NOT: Distribute, rent, sub-license or otherwise make available to others the software or documentation or copies thereof, except as expressly permitted in this License without prior written consent from [COMPANY NAME]. In the case of an authorized transfer, the transferee must agree to be bound by the terms and conditions of this License Agreement.

RESTRICTIONS: - You may use this Product in your business as long as:
The software serial number and user must be registered with [COMPANY NAME] in order to receive support or distribution rights.
You may not remove any proprietary notices, labels, trademarks on the software or documentation.
You may not modify, de-compile, disassemble, reverse engineer or translate the software.

US GOVERNMENT RESTRICTED RIGHTS - Use, duplication or disclosure by the United States Government is subject to restrictions as set forth under DFARS 252.227-7013 or in FARS 52.227-19 Commercial Computer Software - Restricted Rights.

TERM - You may terminate your License and this Agreement at anytime by destroying all copies of the Product and Product Documentation. They will also terminate automatically if you fail to comply with any term or condition in this Agreement.

LIMITED WARRANTY - This software and documentation are sold "as is" without any warranty as to their performance, merchantability or fitness for any particular purpose. The licensee assumes the entire risk as to the quality and performance of the software. [COMPANY NAME] warrants that the diskettes on which the Program is furnished will be free from any defects in materials. Exclusive remedy in the event of a defect is expressly limited to the replacement of diskettes. In no event shall [COMPANY NAME] or anyone else who has been involved in the creation, development, production, or delivery of this software be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of this software, or arising out of any breach of warranty.

 

[JohnH]

Does Federal Copyright Law apply to users outside the US?

 

[Troy]

Does Federal Copyright Law apply to users outside the US?

I'd have to say no. Since Federal only pertains to those within US territory. But In most cases governments from outside the US usually aid Federal agencies when dealing in such matters.