END USER LICENSE AGREEMENT (EULA) FOR SOFTWARE
THIS END USER LICENSE AGREEMENT (“Agreement”) is made on [Date],
BETWEEN:
[Licensor Name], with a principal place of business at [Licensor Address] (“Licensor”),
AND
[End User Name], residing at [End User Address] (“End User”).
WHEREAS
- Licensor is the owner or authorized distributor of the software known as “[Software Name]” (“Software”);
- End User desires to obtain, and Licensor agrees to grant, a license to use the Software under the terms set forth in this Agreement.
NOW, THEREFORE, the parties agree as follows:
1. DEFINITIONS
1.1. “Software” means the computer program “[Software Name]”, including all related documentation, updates, and upgrades provided by Licensor.
1.2. “Device” means any computer, mobile device, or hardware owned or controlled by End User on which the Software is installed or used.
2. GRANT OF LICENSE
2.1. Subject to the terms of this Agreement, Licensor grants End User a [non-exclusive], [non-transferable], [revocable] license to install and use the Software on [number] Devices for [personal/commercial] purposes.
2.2. All rights not expressly granted to End User are reserved by Licensor.
3. RESTRICTIONS
3.1. End User shall NOT:
- Copy, modify, adapt, translate, or create derivative works of the Software;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software;
- Distribute, sell, lease, sublicense, rent, or otherwise transfer the Software to any third party;
- Remove, alter, or obscure any proprietary notices or labels on the Software;
- Use the Software in any manner that violates applicable laws or regulations.
4. OWNERSHIP
4.1. The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights.
5. UPDATES AND SUPPORT
5.1. Licensor may, but is not obligated to, provide updates, upgrades, or support for the Software.
5.2. Any updates provided will be governed by this Agreement unless accompanied by a separate license.
6. TERM AND TERMINATION
6.1. This Agreement is effective from the date of acceptance and continues until terminated.
6.2. End User may terminate this Agreement at any time by uninstalling and destroying all copies of the Software.
6.3. Licensor may terminate this Agreement immediately if End User breaches any term of this Agreement.
6.4. Upon termination, End User must cease all use of the Software and delete or destroy all copies.
7. DISCLAIMER OF WARRANTIES
7.1. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
8.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY END USER FOR THE SOFTWARE.
9. INDEMNIFICATION
9.1. End User agrees to indemnify, defend, and hold harmless Licensor from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from End User’s use of the Software or breach of this Agreement.
10. GOVERNING LAW
10.1. This Agreement shall be governed by and construed in accordance with the laws of [Governing Law State/Country], without regard to its conflict of law principles.
11. ENTIRE AGREEMENT
11.1. This Agreement constitutes the entire agreement between the parties regarding the Software and supersedes all prior or contemporaneous understandings.
11.2. Any amendments or modifications must be in writing and signed by both parties.
12. SEVERABILITY
12.1. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. NOTICES
13.1. Any notices under this Agreement shall be sent to the addresses set forth above or to such other address as either party may designate in writing.
Disclaimer
This document is a template and may not be suitable for all situations. The parties should consult with legal counsel before signing this agreement.
SIGNATURES
Licensor:
Name: ___________________________
Title: ___________________________
Signature: _______________________
Date: [Date]
End User:
Name: ___________________________
Signature: _______________________
Date: [Date]