End User License Agreement (EULA) for a Mobile App

Some app owners may wish to include a EULA in their application in order to explicitly limit liability and establish terms of use of the application (in particular related to data that may be collected and used).  EULA’s may be displayed in a first-use pop-up after the user has installed the app, or it may be referenced elsewhere in the app such as under the app’s “Settings” view.   

App owners should consult with their legal advisors to establish an appropriate EULA.  

Some examples of commercial mobile app EULAs:

An example of a typical EULA framework is shown below to illustrate areas a EULA may address:

[APP NAME] 
Copyright (c) 2014 [COMPANY NAME]

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By installing and/or using using [APP NAME] (“Software”) containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Your use of [APP NAME] indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, [COMPANY NAME] grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use [APP NAME] in accordance with this Agreement and any other written agreement with [COMPANY NAME]. [COMPANY NAME] does not transfer the title of [APP NAME] to you; the license granted to you is not a sale. This agreement is a binding legal agreement between [COMPANY NAME] and the purchasers or users of [APP NAME].

If you do not agree to be bound by this agreement, remove [APP NAME] from your device.

2. DISTRIBUTION

[APP NAME] and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. 

3. USER AGREEMENT

3.1 Use

Your license to use [APP NAME] is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of [APP NAME].

3.2 Use Restrictions

You shall use [APP NAME] in compliance with all applicable laws and not for any unlawful purpose. 

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile [APP NAME] [APP VERSION]. Nor can you create any derivative works or other works that are based upon or derived from [APP NAME] in whole or in part.

[COMPANY NAME]’s name, logo and graphics file that represents [APP NAME] shall not be used in any way to promote products developed with [APP NAME]. [COMPANY NAME] retains sole and exclusive ownership of all right, title and interest in and to [APP NAME] and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of [APP NAME], products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for [COMPANY NAME].

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend [COMPANY NAME] , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of [COMPANY NAME]’s Software.

In no event (including, without limitation, in the event of negligence) will [COMPANY NAME] , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, [APP NAME] or the use or inability to use [APP NAME] or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

3.5 Warranties

Except as expressly stated in writing, [COMPANY NAME] makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of [APP NAME] and destroy all copies of [APP NAME] supplied under this Agreement. 

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY [APP NAME] AS WELL.

5. CONSENT OF USE OF DATA

You agree that [COMPANY NAME] may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to [APP NAME].[COMPANY NAME] may also use this information to provide notices to you which may be of use or interest to you.