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Somewhere in the web i found this version of EULA!

  1. You have no rights
  2. Please read carefully 1

So what is the best practice on creating the end user licence agreement? Visiting a laywer or searching and modifing a ready one generic template?

Could you povide me a point to start?

OrElse
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    @Ólafur Waage: Of cource the SO team MUST remove the following tags for the same reason. "EULA", "LICENSE-AGREEMENT" & "TEMPLATES" – OrElse Aug 29 '09 at 12:20
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    This is software related, and therefore an acceptable question in my opinion. – Noldorin Aug 29 '09 at 14:41
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    This question appears to be off-topic because it is about EULA. Questions pertaining to law aren't on-topic on SO. – devnull Mar 18 '14 at 14:20
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    This question appears to be off-topic because it is about writing a EULA, not programming. – Bill the Lizard Jul 21 '14 at 13:02

5 Answers5

12

I prefer this one:

  1. Show me the money
  2. Do with it what you want
  3. If you make money with it, show me more money
tvanfosson
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My answer is : It depends.

For small through middle-sized projects or for open-source/freewares, consider using an existing EULA, like GNU GPL or Apache 2, for open-source apps.

For large projects I'd contact a lawyer, to make sure every right of me is preserved.

(IANAL)

Moayad Mardini
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10

Actually i am looking something like this one

Alexandru Guzinschi
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OrElse
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4

Whatever EULA you create, it might not be enforcable if it breaks any national/international laws. What makes it more complex is that your EULA might be okay in the USA but in other countries it might not be worth the bits and bytes that are inside it. A legal advisor might provide you with a better EULA but even they might not be able to create one that can be enforced in each and every country in this world.

In some countries, an EULA inside the box cannot be enforced because the buyer never could have read it before accepting it. Then again, with software you could point out the EULA and telling them not to install the software and to return the software if they disagree with the EULA. In general, that would be the proper moment for displaying an EULA. (But for hardware, the conditions should be on the outside of the box or else the buyer could ignore them.)

The most important point in an EULA is to reduce your own liability if your application damages someone system somehow. Otherwise, if your software does accidently format someone's hard disk, you could end up paying lots and lots in damages.

Wim ten Brink
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1

IANAL. but you could start by reading "A Legal Guide to Web and Software Development, by Stephen Fishman". I haven't read this cover to cover, but you might find the forms that comes with the book to be very handy. The forms for 'selling or granting permission to use creative works' would be the ideal place to start; of course, don't use them without having run them past a lawyer. By the way, this would be ideal if you are in the US, so utility of the book and the advice in it would vary from market to market.

Of course, like every advice available on the internet, this one comes with no guarantees that it will work for you.

Vineet Reynolds
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