March 27, 2018

end-user-license-agreement
End User License Agreements

In almost every instance, the End User License Agreement (“EULA”) associated with a mobile application (or “app”) is the primary legal document memorializing the terms and conditions that will govern the relationship between End Users and the subject mobile app provider.

Given this unique role, End User License Agreements are absolutely vital in terms of protecting mobile app providers and the technology/intellectual property associated with the subject app.

Why is it Important to Have a Contract with Mobile App End Users? 

Protecting Your Company from Liability and Other Exposure

When combined with a well-crafted Privacy Policy, the End User License Agreement forms the basis for addressing many of the legal issues, disputes and other contingencies that can arise in connection with offering a mobile app to the public.  An effectively-written EULA can and should: (a) help limit the overall liability that a mobile app provider may otherwise be exposed to in connection with the app itself and its applicable content/offerings; (b) include disclaimers for warranties that might otherwise be deemed to apply to the app and/or the app provider; (c) memorialize payment terms (if any); and (d) establish terms for dispute resolution.

The End User License Agreement should be as comprehensive as possible in its scope.  It should adequately address, at a minimum, the following (which is not meant to be an exhaustive list): (1) the functionality of the mobile app and its underlying services, products and other offerings; (2) the method for installing/uninstalling the mobile app; (3) payment terms associated with any in-app purchases; (4) ownership of the intellectual property associated with the mobile app, as well as the terms of the underlying license to same that is granted to the End User; (5) any restrictions that might apply to using the subject mobile app; (6) any disclaimers specific to the applicable mobile app content/offerings; and (7) any requirements established by any applicable mobile app download venue.

One Size Doesn’t Fit All for Mobile App End User License Agreements

The specific terms, conditions and provisions contained in the End User License Agreement should vary depending on the functionality and features of the mobile app, the type of content/offerings featured by and through the mobile app and the underlying commercial relationship between the End User and the applicable mobile app operator.  Given the level of customization required, it is highly recommended that mobile app providers retain competent legal counsel to ensure that their End User License Agreements serve their specific needs.

If you are interested in learning more about this topic or require the preparation of an End User License Agreement for your mobile app, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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