Software License Agreement
(End User)

Summary

This End User License Agreement template represents what is typically placed inside the packaging for "off-the-shelf" software or displayed digitally prior to installation of the software by the licensee/customer. This template includes practical guidance and drafting notes. Formal consent to the terms and conditions of the license is implied by the customer's opening of the package, installing the software, or accepting the terms on-line. The customer presumably may decline to agree to the license and return the unopened package or unused software to the retailer or to the manufacturer for a refund. Notwithstanding the general principle that a party cannot impose a unilateral agreement, this type of license is generally legally binding unless the agreement is determined to be unconscionable. Note that variations on the basic form of agreement are provided, such as the inclusion or exclusion of a limited warranty, the existence of a sub licensee, opt out language, and a designated use provision. For a checklist of items to consider when drafting a software end user license agreement, see End User License Agreement (EULA) Checklist. For an example of other software license agreements, see Software License Agreement (Licensor) and Software License Agreement (Licensee).