Click wrap (“EULA”) licenses

What is click wrap “EULA” license?

“Click wrap” is a term that evolved from a “shrink wrap agreement,” which is the purchase agreement that is bound with the product by plastic wrap, and the agreement is made when the consumer opens the shrink wrap.

In a click wrap agreement, the user is typically faced with a dialog box or pop up web page with the words, “I Agree” at the very beginning before using the product or service.

Further, this is also called an End User License Agreement (“EULA”). EULAs accompany most software for sale that are either delivered in shrink wrap or sold over the internet. EULAs act as a software license as well as a contract between the producer and user to specify the limits of use granted by the owner to the user.

EULAs may cover: software licenses, rights of use, fees and payments, forum clauses, warranties, limitations of liability, etc.

Can an attorney review my click wrap contract?

There’s so much information contained in a EULA that can be confusing and contain many restrictions that you might not expect. An attorney can review the contract and explain the potential risks of use.

If you have been accused of violating a EULA, an experienced attorney can advise you of your rights and options. If you need to review or create a license agreement for software, an attorney can help you protect your intellectual property rights under copyright laws. An attorney can also represent you in court if needed.

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