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Veign:
You are better off finding an existing EULA and using it as a base. Yours how it is would not stand up in any court and you may still have a lot of liability. You may think it waives liability but that doesn't matter. Just leaving the door open a little leaves you open to a lawsuit, which right or wrong doesn't matter, which can be extremely expensive. The reason for having a well written contract is not only to protect you but its also to help prevent a lawsuit from happening or at least make it easier for a lawyer to defend you (easier = cheaper).
My EULA:
Veign ELECTRONIC END USER LICENSE AGREEMENT FOR <SOFTWARE>.
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Veign End User License Agreement accompanies the Veign <SOFTWARE> product and related explanatory materials ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by Veign. Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Software. Upon your acceptance of this Agreement, Veign grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. Use of the Software.
You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software. You may not redistribute, host, or sell the Software.
2. Copyright and Trademark Rights. The Software is owned by Veign and its suppliers, and its structure, organization and code are the valuable trade secrets of Veign and its suppliers. The Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
4. No Warranty. The Software is being delivered to you AS IS and Veign makes no warranty as to its use or performance. Veign AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. Veign AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL Veign OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN Veign REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
5. Governing Law and General Provisions. This Agreement will be governed by the laws of the United States., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Veign.
Unpublished-rights reserved under the copyright laws of United States.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION. YOU MAY BEGIN INSTALLING THIS SOFTWARE BY PRESSING "YES" IN WHICH YOU ACCEPT THE TERMS SHOWN IN THIS AGREEMENT.
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Its not bad and needs some improvements (like the location and what laws govern the contract - in my case South Carolina). I replace the <software> tag with the software I am attaching it to when I publish.
Also, you have to specify the software. Contracts have to be definitive about what they are referring to.
wreckedcarzz:
Good points and advice. Didn't know you had to specify the software name. What I did was a quick writeup in Notepad that seemed to cover the bases, but I will go on and improve on it now.
Thanks for the info :)
Veign:
I wouldn't try to improve what you have as you will miss many things. Writing legal contracts is difficult. Just use an existing EULA as your base and modify it to suit. Just be careful as changing one word could change the whole meaning.
wreckedcarzz:
Ack, I ended up making a new topic instead of adding a reply here. Dunno how that happened ;D
Here is the post:
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Just use an existing EULA as your base and modify it to suit. Just be careful as changing one word could change the whole meaning.
-Veign (August 06, 2008, 12:22 PM)
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Mind if I use yours? (I would assume that is why you posted it, but I don't like to use other peoples work without asking)
In other news, I am adding small stuff to SmartBrowse, and have changed the large icons into the small 16x16 ones you see in Notes (although I still have a copy with the large icons, if someone prefers that one). If someone could come up with a list of keyboard shortcuts that <your favorite browser> uses, it would be somewhat simple for me to implement those for you :)
+Screen real estate
-File size
= all around improvement
Screenshot attached, opinions welcome :Thmbsup:
-Brandon
Image is here: https://www.donationcoder.com/forum/index.php?action=dlattach;topic=14340.0;attach=31857
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Still not sure how that happened... but whatever. Strange things happen around DC sometimes :P
-Brandon
Veign:
Just use an existing EULA as your base and modify it to suit. Just be careful as changing one word could change the whole meaning.
-Veign (August 06, 2008, 12:22 PM)
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Mind if I use yours? (I would assume that is why you posted it, but I don't like to use other peoples work without asking)
-wreckedcarzz (August 08, 2008, 02:12 AM)
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Go for it.
Just change item 5 to include a more specific location. The reason is if it goes to a lawsuit they have to bring it to your state and your location. Here is a sample from another contract of mine. I just haven't had the time to change my EULA.
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of South Carolina, without reference to its conflicts of law principles. Any and all disputes between the parties that cannot be settled by mutual agreement shall be resolved solely and exclusively in the local and federal courts serving Richland County, South Carolina, and each party hereby consents to the jurisdiction of such courts and irrevocably waives any objections thereto, including without limitation, on the basis of improper venue or forum non conveniens.
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