End User License Agreement

[Quiver318]

Hello All,

I am curious to know if anyone here has had to ever lean on their End User License Agreement (EULA) when they published their software because an end user decided to sue, for some reason.

Do EULAs really protect you if they are well written, or are they merely for "terrorem effect" (creating fear), or are these agreements just wishful thinking that a court ultimately will not honor?

I ask, because I am in the process of having a EULA reviewed legally, and these lawyers are not in the business of offering peace of mind. They are spinning my head around with ideas of who has the best case law, contract law, governing law, venue, protections, and whatever else. It makes me want to give up software writing, and take up gardening.

Anyone actually have to go to court over their software, or know how well EULAs protect a business, in general?

Thanks,

Quiver

[Kasracer]

I am not a lawyer but it's my understanding that EULAs don't hold up in court well. So while they're a good idea to have, I don't think they're necessarily a shield for the company.

I would be interested to hear from anyone who has actually needed to enforce one or was taken to court and used one as a defense.

[Nightwalker83]

My understanding of the EULA is that, the user can't copy/infringe on the program/authors rights or else there is a lot of illegal stuff involve. Some EULAs are a headache to read I doubt the law has ever heard of the kis method (keep it simple).

[Quiver318]

Well, since I originally posted this thread, I have read a 544 page book on the topic of writing software licenses (and other software agreements). While it is no substitution for true legal advice from a licensed lawyer, the book was very enlightening.

It would seem that those legal agreements, no matter how well written, are still up for complete interpretation by the courts. In other words, you could hire a million dollar lawyer to write the perfect air tight contract, but the courts might just decide that your agreement does not really constitute “an agreement,” and they may choose to throw the whole thing out. They might throw out sections of it, or change the direction of it by odd interpretation. Here in the US, some states view a “click-through” license agreement as a true contract, and some don't. There are certainly no universal standards in place for the interpretation of these contracts, so it would appear to be a coin toss as to whether or not you are truly protected.