EULA Templates

This is how the EULA of Trigger.io is structured:

• Our Principles
• License Agreement
• 1. DEFINITIONS
• 2. RESPONSIBILITIES OF TRIGGER CORP
• 3 RESPONSIBILITIES OF USER
• 4. RIGHT TO MONITOR
• 5. LICENSE GRANT
• 6. LICENSE TO TRIGGER CORP
• 7. PAYMENT; TAXES
• 8. OWNERSHIP
• 9. LIMITED SOFTWARE WARRANTY
• 10 TERM; TERMINATION
• 11. CONFIDENTIALITY
• 12. LIMITATION ON DAMAGES
• 13. INDEMNIFICATION
• 14. MISCELLANEOUS

This is an example of a clause in the agreement from Trigger.io:

7. PAYMENT; TAXES 7.1 License Fees. In consideration for the license granted by Trigger under this Agreement, User shall pay Trigger the license subscription fees in the amount set forth on the pricing page in accordance with the terms set forth therein. License Subscription Fees are subject to change upon the first day of each Renewal Term. License Subscription Fees are non-refundable.

This is how the EULA of Sketch is structured:

• Definitions
• General
• Permitted uses and restrictions
• Consent to use of data
• Termination
• Disclaimer of warranties
• Liability limitation

This is an example of a clause in the agreement from Sketch:

Permitted uses and restrictions Subject to your compliance with this EULA, Bohemian Coding grants you a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows:

This is how the EULA of Canary is structured:

• CONTRACTUAL RELATIONSHIP
• LICENSE
• OTHER SOFTWARE
• SOFTWARE UPDATES
• NO ASSIGNMENT; NO REVERSE ENGINEERING
• EXPORT RESTRICTIONS
• TITLE; TRADE SECRETS
• NO IMPLIED RIGHTS
• UNITED STATES GOVERNMENT LEGEND
• TERM AND TERMINATION
• GOVERNING LAW & JURISDICTION
• NO ASSIGNMENT
• LIMITED WARRANTY
• WARRANTY DISCLAIMER
• PRODUCT LIMITATIONS
• LIMITATION OF LIABILITY
• DISCLAIMER
• SEVERABILITY
• NOTICES
• WAIVERS
• CAPTIONS
• ENTIRE AGREEMENT & AMENDMENT
• QUESTIONS OR ADDITIONAL INFORMATION

This is an example of a clause in the agreement from Canary:

GOVERNING LAW & JURISDICTION The courts in some countries will not apply Delaware law to some types of disputes. If you reside in one of those countries where Delaware law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of the State of Delaware and the United States govern this License Agreement, as well as any claim, dispute, action or issue that might arise out of or in connection with it excluding their conflicts of laws principles. Any action or proceeding relating to this License must be brought in a federal or state court located in New York and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Canary may seek injunctive relief in any court having jurisdiction to protect its confidential information or intellectual property. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.

This is how the EULA of Veeam is structured:

• 1.0 Definitions
• 2.0 Grant of License
• 3.0 Additional Terms
• 4.0 Evaluation License
• 5.0 Not for Resale License (NFR)
• 6.0 Limited Term License
• 7.0 Maintenance
• 8.0 Copyright and Other Restrictions
• 9.0 Audit
• 10.0 Limited Warranty and Limitation of Liability
• 11.0 Assignment
• 12.0 U.S. Government End Users
• 13.0 General
• 14.0 Export Controls

This is how the EULA of Daz3d is structured:

• Preamble
• 1.0 General License Agreement.
• 2.0 Academic Addendum
• 3.0 Daz Commercial Real-time Addendum
• 4.0 Forum and Gallery Submissions Addendum

This is an example of a clause in the agreement from Daz3d:

1.0 General License Agreement. Content License. Daz grants to User and User hereby accepts, subject to the limitations and obligations of this Agreement, a personal, non-exclusive, non-transferable license to use the Content, duly obtained by payment of all applicable license fees, as provided in this Agreement. License Fees. User agrees to pay Daz, prior to or concurrent with delivery of the Content, the full license fee for use of the Content. User agrees to pay Daz any and all applicable taxes that are levied in conjunction with the purchase of the license for the Content whenever Daz must collect and/or pay such taxes from or on behalf of User. Furthermore, User agrees to pay Daz all costs, expenses, and attorney's fees expended by Daz in the collection of the license fees and any applicable taxes, whether by filing a lawsuit or through arbitration. Title and Ownership. The Content contains copyrighted and/or proprietary information protected by the laws of the United States and/or international laws and treaties. Daz and its library licensors retain all rights in, title to, and ownership of the Daz Content. The applicable third-party published artists and their library licensors retain all rights in, title to, and ownership of the PA Content. Daz gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any Content and User is solely responsible for separately obtaining all such necessary rights or consents that may be required for any particular use of objects, names, trademarks, service marks or works of authorship. Restrictions on Copying. The Content is provided for User's exclusive use. User does not have the right to provide the Content to others in any form or on any media except as set forth in this Agreement. The Content may be copied in whole or in part for User’s exclusive use. Specifically, User may copy the Content onto the storage device of an unlimited number of computers owned or controlled by User. The Content is for User’s exclusive use and no other individual or entity. Each individual must obtain his or her own license to use the Content. Terms of Use. Two Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) access, use, copy and modify the Content in the creation and presentation of two-dimensional animations and renderings, (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived by User from the Content in User’s other works, and (iii) publish, market, distribute, transfer, sell or sublicense User’s two-dimensional animations, renderings and other works; provided that User may not in any case publish, market, distribute, transfer, sell or sublicense any renderings, animations, software applications, data or any other product from which any Content, or any part thereof, or any substantially similar version of the Content can be separately exported, extracted or de-compiled into any re-distributable form or format. Three Dimensional Works. Daz wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that: any such derived or additional three-dimensional works are designed to require or encourage the use of Content available through the online Daz store either by (i) requiring the use of such Content to function, or (ii) allowing only limited function when not used in conjunction with Content from the online Daz store; and upon receipt of a written request from Daz, User will immediately cease any and all distribution of the derived or additional three-dimensional works User has created from the Content, if Daz has determined, in its sole discretion, that (i) such additional or derived work is substantially similar to or is a clone of existing Content; or (ii) such additional or derived work fails to require or encourage the use of Content available through the online Daz store as described above. The creation of three-dimensional physical representations (3D-print, molded copy, CNC-routed copy, and the like) of Content or any three-dimensional art derived from the Content is permitted only for personal, non-commercial use by the User. Additionally, the user may not grant other entities or individuals the right to produce such physical representations of the Content except for the sole purpose of providing the print to the User for their personal use. All other rights with respect to the Content and its use are reserved by Daz and its licensors. Other Restrictions. This Agreement is User’s proof of license to exercise the rights granted herein and may be printed and retained by User. User shall not give, sell, rent, lease, sublicense, or otherwise transfer or distribute any Content on a temporary or permanent basis without the prior written consent of Daz. User may not reverse engineer, de-compile, disassemble, or create derivative works from the Content except as set forth in Section E above. Protection and Security. User agrees that the Content is the property of and proprietary to Daz and its licensors, and further agrees to protect the Content and all parts thereof from unauthorized disclosure and use by User’s agents, employees, associates, family members, customers, or any other third party. User shall be exclusively responsible to ensure the selection, supervision, management, control, and use of the Content conforms to all terms of this Agreement. Export Restrictions. The Content may be subject to the export controls of the United States Departments of State and Commerce and User agrees to fully comply with all applicable United States export regulations governing export, destination, ultimate end user, and other restrictions relating to the Content. United States Government Restrictions Rights. If User is part of any agency, department, or other entity of the United States Government (the “Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Content is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Content is a “commercial item” and “commercial computer software”. In accordance with such provisions, any use of the Content by the Government shall be governed solely by the terms of this Agreement. Patent Copyright, and Trade Secret Indemnity. User agrees to indemnify Daz and hold Daz harmless against all liability resulting from or related to any claim that (i) any content or work created by User, or (ii) User’s use of any Content, infringes any third-party patent right, copyright or other intellectual property right, or misappropriates, or misuses any trade secret or other proprietary right, or any portion thereof, of any third party. Infringement Warranty. Daz warrants to the User that, to the best of its knowledge, the digital data comprising the Daz Content developed and owned by Daz, does not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was such digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that Daz makes no representation or warranty with respect to infringement of any third party's rights in any image, trademarks, works of authorship or object depicted by such Content or in any Content developed by any of Daz’s licensors. Limited Warranty. Daz warrants to the User that, to the best of its knowledge, the digital data comprising the Daz Content developed and owned by Daz, does not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was such digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that Daz makes no representation or warranty with respect to infringement of any third party's rights in any image, trademarks, works of authorship or object depicted by such Content or in any Content developed by any of Daz’s licensors. No other Warranties. Except as expressly provided above, the content and all related documentation are provided on an “as is” and “as available” basis, without warranty of any kind, and Daz hereby disclaims all other warranties, express, implied or statutory, including, but not limited to, any implied warranties of merchantability, non-infringement and fitness for a particular purpose, and any warranties arising from usage of trade or course of dealing or performance.  In no event shall Daz or its dealers, distributors, officers, agents, employees, or suppliers be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use of or inability to use the content, even if Daz has been advised of the possibility of such damages. In addition, in no event shall Daz’ s cumulative liability hereunder exceed the license fees paid by user to Daz for licensing the content.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to user. No Liability for Hardware. User assumes complete responsibility for all hardware used in conjunction with the Content.  Daz shall not be responsible in any way for the non-performance or malfunction of any hardware. Remedies. Injunctive Remedies. The remedies provided herein shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies provided by law and equity.  No delay or omission in the exercise of any remedy herein provided or otherwise available to Daz shall impair or effect Daz's right to exercise the same.  An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect Daz's rights or obligations nor be deemed to be a waiver thereof.  The parties hereto agree that breach of any provisions of non-disclosure, secrecy, confidentiality, copying, use, protection, and security in this Agreement by User will cause immediate and irreparable damage and injury to Daz.  Each of the parties confirms that damages at law may be an inadequate remedy for breach or threatened breach of any such provisions. The parties agree that in such event Daz shall be entitled by right to an injunction restraining the User from violating any of said provisions. User hereby acknowledges that Daz has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give Daz a competitive advantage in the marketplace; that Daz intends to use such information to expand its business throughout the world; and that a violation of any of the provisions of this Agreement is material and important and Daz shall, in addition to all other rights and remedies available hereunder, at law or otherwise, be entitled to a temporary restraining order and an injunction to be issued by any court of competent jurisdiction enjoining and restraining User from committing any violation of said provisions, and User shall consent to the issuance of such injunction.  User acknowledges that the remedies provided for in this Agreement are not injurious to or violative of any public interest or policy, and will not create a hardship greater than is necessary to protect the interests of Daz. Arbitration Remedies. Any dispute arising out of or relating to this Agreement, or a breach thereof, shall be determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules. Any such arbitration shall take place exclusively in Salt Lake City, Utah and the language of the arbitration shall be English. The arbitration shall be conducted by a single arbitrator and the decision of the arbitrator shall be final, conclusive and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Daz and User shall each pay one-half of the costs and expenses of any arbitration, and the substantially non-prevailing party, as determined by outcome of the arbitration, shall be liable for both parties’ attorneys’ fees and costs. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive or other equitable relief without breach of this arbitration provision. 2. General Provisions. Costs and Expenses of Enforcement.  In the event of the failure of either party hereto to comply with any provisions of this Agreement, the defaulting party shall pay any and all costs and expenses, including reasonable attorneys' fees arising out of or resulting from such default (including any incurred in connection with any appeal), incurred by the injured party in enforcing its rights and remedies, whether such right or remedy is pursued by filing a lawsuit or otherwise. Governing Law. This Agreement and the relationship of Daz and User is governed by the laws of the State of Utah, without regard to its conflict of law provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Further Information.  Should User have any questions concerning any of the provisions of this Agreement, or if User desires to contact Daz, please write:   Daz Productions, Inc., 224 South 200 West, Suite 250, Salt Lake City, UT 84101 Trademark and Copyright.  All Daz products are trademarks or registered trademarks of Daz Productions, Inc.  All other brand and product names are trademarks or registered trademarks of their respective holders. Severability. If any part of this Agreement is found to be unenforceable, the other provisions shall remain fully valid and enforceable. It is the intention and agreement of the parties that all of the terms and conditions hereof be enforced to the fullest extent permitted by law. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Daz without restriction. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or User’s use of the Content must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notice: This Daz Content contains software that is based in part on the work of the Independent JPEG Group (http://www.ijg.org/). This Daz Content utilizes Zlib library compression technology that is proprietary to Jean-loup Gailly and Mark Adler (http://www.zlib.net/) copyright © 1995-2012.

This is how the EULA of structure101 is structured:

• 1. Grant of License.
• 2. Support.
• 3. Title.
• 4. Content.
• 5. Limited Warranty; Disclaimer.
• 6. LIMITATION OF LIABILITY.
• 7. Export.
• 8. U.S. Government Restricted Rights.  
• 9. Compliance with Agreement.
• 10. Jurisdiction.  
• 11. Customer Identification.
• 12. General.
• 1.1 General License Grant.
• 1.2 License Options.
• 1.3 Restrictions.
• 1.4 Transfer and Assignment.
• 1.5 Term and Termination of License.

This is an example of a clause in the agreement from structure101:

1.2 License Options. Your license to install and use the software shall be in accordance with one or more of the following license options, as set forth on the License Order Confirmation or in your request for evaluation software. The Software may contain a software license management tool (a “License Manager”) that regulates your use of the Software. If so, all of the licensed activity described below must be subject to the control of the License Manager, and you may not install or use the Software in a manner that circumvents or interferes with the operation of the License Manager or any other technological measure that controls access to the Software.

This is how the EULA of Lua is structured:

• II. The Service.
• III. Mobile Services.
• IV. Eligibility to Use the Service.
• V. Your Account
• VI. Communications
• VII. Content Ownership and Use
• VIII. Suggestions and Submissions
• IX. Limitations and Prohibitions
• X. Consequences of Violating This EULA
• XI. Lua’s Liability
• XII. DISCLAIMER OF WARRANTIES
• XIII. LIMITATION OF LIABILITY AND INDEMNIFICATION
• XIV. General Terms
• XV. Arbitration, Class Waiver, and Waiver of Jury Trial

This is an example of a clause in the agreement from Lua:

VII. Content Ownership and Use a. The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Lua content (collectively, “Lua Content”). All Lua Content and the compilation (meaning the collection, arrangement, and assembly) of all Lua Content are the property of Lua or its licensors and are protected under copyright, trademark, and other laws.

This is how the EULA of Purple is structured:

• Important notice:
• Agreed terms
• Acknowledgements
• Grant and scope of license
• Acceptable use restrictions
• Intellectual property rights
• Limitation of liability
• Termination
• Events outside our control
• Other important terms

This is an example of a clause in the agreement from Purple:

Grant and scope of license In consideration of you agreeing to abide by the terms of this EULA, We grant You the right to use the Services, subject to these terms and the Privacy Policy, incorporated into this EULA by reference. We reserve all other rights. You may continue to use the Service free of charge provided that you accept these terms. You may stop using the Service at any time. We may cease provision of the Services at any time.

This is how the EULA of Nitro is structured:

• END USER LICENSE AGREEMENT
• 1. LICENSE
• 2. INSTALLATION
• 3. COPIES
• 4. ACTIVATION
• 5. RESTRICTIONS/RESERVATION OF RIGHTS
• 6. SOFTWARE UPDATES
• 7. SUPPORT
• 8. INTELLECTUAL PROPERTY OWNERSHIP
• 9. GOVERNMENT USERS
• 10. confidentiality
• 11. WARRANTIES OF THE PARTIES
• 12. LIMITED WARRANTY ON MEDIA
• 13. NO WARRANTY ON LICENSED SOFTWARE
• 14. WARRANTY DISCLAIMER
• 15. INDEMNIFICATION
• 16. LIMITATION OF LIABILITY
• 17. termination
• 18. GENERAL
• 19. definitions

This is an example of a clause in the agreement from Nitro:

9. GOVERNMENT USERS If the Licensee is a branch or agency of the U.S. Government, Licensee acknowledges and agrees that the Licensed Products and Documentation qualify as "commercial items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Use of the Licensed Products or Documentation by the Government constitutes acceptance of the rights and restrictions in this Agreement.

This is how the EULA of PreSonus is structured:

• 1. GENERAL.
• 2. REGISTRATION/ACTIVATION.
• 3. ACCEPTANCE OF TERMS.
• 4. DEFINITIONS.
• 5. SCOPE OF USE/LICENSE.
• 6. PRIVACY POLICY.
• 7. OWNERSHIP.
• 8. COPYRIGHT:
• 9. YOUR WARRANTY, INDEMNIFICATION OBLIGATION, AND WAIVER:
• 10. LIMITED WARRANTY:
• 11. LIMITATIONS OF LIABILITY:
• 12. EXPORT CONTROL LAWS:
• 13. RESOLUTION OF DISPUTES:
• 14. GENERAL PROVISIONS:

This is an example of a clause in the agreement from PreSonus:

7. OWNERSHIP. 7.1 Product(s).