Many form contracts are typically structured digitally, being introduced to a client as a navigate which the client must click to "acknowledge". As the client may not see the understanding until after the person has just bought the product, these records might be contracts of adhesion.
Software companies often make special agreements with large businesses and government entities that include support contracts and specially drafted warranties. Some requirements of a EULA typically include:
Acknowledgment that the EULA is between the Developer and User, not the publisher
Scope of License providing a non-transferable license to the User’s device
Maintenance and Support clause indicating that the app publisher (such as Google or Apple) has no obligation to furnish maintenance or support
Warranty that in the event of App failure
Product Claims that the Developer, not publisher, is responsible for addressing claims that the App does not conform to legal requirements
Intellectual Property Rights reside solely with the App Developer
Legal Compliance clause that the User represents that are lawfully using the App
Developer Name and Address must be included in the App so that users may contact the App Developer with questions/concerns
If you are developing a product and need assistance drafting a EULA, contact Bolimini International today to see how we can help get your App legally protected and ready for launch.