microsoft windows xp some software companies include a clause in their eulas that prohibit customers from using a program to check the performance of the software or to uninstall parts of the software. their eula stated: “you agree that you will not use, or encourage others to use, any unauthorized means for the removal of the gain adserver […] any use of a packet sniffer or other device to intercept or access communications between gp and the gain adserver is strictly prohibited.” this is perhaps the most important clause from the software company’s perspective, as it enables you to limit your liability and protect yourself from potential claims in the future if something goes wrong with the software. courts in the united states have disagreed as to whether or not eulas are valid. consumer advocates have argued that such agreements are illegal, with the long and confusing ones that contain a large amount of legal language being especially invalid.
our free terms and conditions generator is created to help you generate a professionally drafted agreement that can include various terms and conditions for your site and/or app. just follow these steps: on a well-designed website, the user should be able to review the terms and conditions at any point from the website interface. this is the key clause in an eula, but doesn’t normally appear in a terms and conditions agreement. when it comes to terms and conditions, these agreements tend to have clauses addressing an updates or changes to the agreement itself, like this clause from spotify uk: this clause is more relevant to terms and conditions agreements for websites, particularly those with user-generated content.
with a terms and conditions agreement, the termination clause will cover similar points, though this will cover access to particular services or member-only areas on a website. you should design the software so that the user has to check a box or click a button to confirm they’ve read and accept the eula, either before they can install the software, or before they can run it for the first time. for added reassurance, you can require the user to actively confirm they’ve read and accepted the terms and conditions agreement. a terms and conditions agreement sets out the rules governing that relationship and any associated disputes.