Common Contracts
1 similar null contracts
CONTRACTUAL VALIDITY OF END USER LICENCE AGREEMENTSMarch 1st, 2013
End User Licence Agreements (EULAs) specify the parameters governing the use of a product and may be found on all software. Originally, EULAs were created simply to limit product liability and a manufacturer’s warranty on goods but have since evolved into extremely elaborate contracts, often containing highly restrictive terms. EULAs are typically formed with consumers who have no bargaining power, where negotiation is nonexistent, and true acceptance is frequently not required. The validity and enforceability of EULAs and, more specifically, terms within EULAs, has continued to perplex those in the software world. Even within the courts there has been considerable controversy. An exploration of the various forms in which EULAs may be presented, the terms contained therein, as well as recent case law will provide insight into the current state of these agreements.
