Every time a person installs software to his computer, an agreement page comes out.
It stands for End-user Licensing Agreement ("EULA").
It is an agreement entered into by and between the software publisher and the user whereby the latter undertakes not to sell or distribute the program without the permission of the software owner.
But truthfully, how many people read the agreement before they actually hit the "I agree" or "Accept" button? Kids easily download games from the internet and install the same by themselves without reading or understanding the implication of the agreement.
This minimal attention given to a EULA only proves how badly it is drafted.
A good licensing agreement for software should be drafted in a way that it is easy to read and provides more security to the software programmer.
Here are some recommendations as to what a good agreement of software use should be: 1.
The agreement must be brief and concise.
It should be noted that software user agreements are usually not printable and they are often in fine print.
End-users can use this as a defense in court.
They could just simply say that they may have overlooked the part about their violation.
Courts of law often give some consideration to this defense because of the fact that these agreements considered contracts of adhesion.
That's another way of saying that they are drafted by one side with no chance of negotiating provisions.
In this case the EULAs are drafted by the software programmers, developers or publishers.
Thus, in order to provide better protection to the publisher, the software user agreement should be concise.
Some licenses are drafted to include provisions that are no longer needed.
These can include terms and conditions regarding potential criminal penalties or and threats of imprisonment.
These stipulations are no longer needed.
EULAs do not need to restate existing laws.
Thus, it is enough that the agreement includes the undertaking of the purchaser not to distribute the software without the permission of the developers or publisher and that the purchaser understands that if he violates the agreement, he may be punished by law.
It is the duty of the court to prescribe the right penalty and punishment to the violator.
If the agreement is short and concise, the end-user will not have any defense on why he violated the agreement.
2.
In some circumstances, it may be advisable to integrate into the EULA separate approval of important stipulations.
Most end-users licensing agreement only have one approval button.
Alternatively, they present the User with a long agreement that must be read in its entirety before being accepted.
At times, depending on the nature of the agreement, it may be advisable to highlight important provisions or provide for separate approvals of different stipulations.
Don't create a situation where it is likely that the User will not read the EULA.
It stands for End-user Licensing Agreement ("EULA").
It is an agreement entered into by and between the software publisher and the user whereby the latter undertakes not to sell or distribute the program without the permission of the software owner.
But truthfully, how many people read the agreement before they actually hit the "I agree" or "Accept" button? Kids easily download games from the internet and install the same by themselves without reading or understanding the implication of the agreement.
This minimal attention given to a EULA only proves how badly it is drafted.
A good licensing agreement for software should be drafted in a way that it is easy to read and provides more security to the software programmer.
Here are some recommendations as to what a good agreement of software use should be: 1.
The agreement must be brief and concise.
It should be noted that software user agreements are usually not printable and they are often in fine print.
End-users can use this as a defense in court.
They could just simply say that they may have overlooked the part about their violation.
Courts of law often give some consideration to this defense because of the fact that these agreements considered contracts of adhesion.
That's another way of saying that they are drafted by one side with no chance of negotiating provisions.
In this case the EULAs are drafted by the software programmers, developers or publishers.
Thus, in order to provide better protection to the publisher, the software user agreement should be concise.
Some licenses are drafted to include provisions that are no longer needed.
These can include terms and conditions regarding potential criminal penalties or and threats of imprisonment.
These stipulations are no longer needed.
EULAs do not need to restate existing laws.
Thus, it is enough that the agreement includes the undertaking of the purchaser not to distribute the software without the permission of the developers or publisher and that the purchaser understands that if he violates the agreement, he may be punished by law.
It is the duty of the court to prescribe the right penalty and punishment to the violator.
If the agreement is short and concise, the end-user will not have any defense on why he violated the agreement.
2.
In some circumstances, it may be advisable to integrate into the EULA separate approval of important stipulations.
Most end-users licensing agreement only have one approval button.
Alternatively, they present the User with a long agreement that must be read in its entirety before being accepted.
At times, depending on the nature of the agreement, it may be advisable to highlight important provisions or provide for separate approvals of different stipulations.
Don't create a situation where it is likely that the User will not read the EULA.