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Software EULA – What Rights Are You Giving A User?

When you license software to a customer, what legal rights are you giving in the end user license agreement (EULA)?

Many EULAs contain the wrong licensing language. And that can lead to confusion and lawsuits.

Here’s what commonly happens…

The software licensor doesn’t understand what rights can be licensed. And decides to save money by “borrowing” a EULA from another software application and tweaking it.

Setting aside the copyright infringement liability exposure for brorowing (theft) of the license, the EULA itself isn’t designed to be repurposed for another application.

For example, a SaaS EULA is different than your typical mobile app end user license.

And if the developer used open source code or other third-party code, that needs to be addressed in the EULA too.

To prevent this type of mess, talk with an experienced software lawyer to figure out the scope of the license you need…both what to include and exclude from it.

Mike Young, Esq.

Author Mike Young, Esq.

Mike Young has been practicing business and technology law since 1994 and is an angel investor in startups. He's been an entrepreneur since 1988. To get legal help from Attorney Young, click here now or call 214-546-4247 to schedule a phone consultation.

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