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Standard EULA Template for United States

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Key Requirements PROMPT example:

Standard EULA

"I need a Standard EULA for my new mobile gaming app that will be distributed globally through app stores, with specific clauses about in-app purchases and user data collection, planned for release in March 2025."

Document background
The Standard EULA serves as the primary legal framework governing software usage rights in the United States. This document is essential when distributing any software product to end users, whether it's a mobile app, desktop application, or web-based service. It protects the software provider's intellectual property while clearly defining the scope of the license granted to users. The agreement addresses critical aspects such as usage restrictions, liability limitations, and warranty disclaimers, while ensuring compliance with federal and state regulations governing software licensing and consumer protection.
Suggested Sections

1. Parties: Identifies the licensor and the end user (licensee)

2. Background: Brief context about the software and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. License Grant: Scope and nature of the software license being granted

5. Restrictions on Use: Specific limitations on how the software can be used

6. Intellectual Property Rights: Statement of ownership and IP rights

7. Warranty Disclaimer: Limitations on warranties provided

8. Limitation of Liability: Caps and exclusions on liability

9. Term and Termination: Duration and conditions for ending the license

Optional Sections

1. Data Collection and Privacy: Terms regarding data collection and use - include when software collects user data

2. Export Controls: Compliance with export regulations - include for international distribution

3. Support and Updates: Terms for technical support and software updates - include when ongoing support is offered

4. Third-Party Components: Terms regarding third-party software components - include when software includes third-party elements

5. Geographic Restrictions: Territorial limitations on use - include when license is geographically restricted

Suggested Schedules

1. Privacy Policy: Detailed privacy terms and data handling practices

2. Technical Requirements: Minimum system requirements and technical specifications

3. Support Terms: Detailed support and maintenance terms

4. Third-Party Licenses: Licenses for third-party components included in the software

5. Acceptable Use Policy: Detailed terms of acceptable use and prohibited activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Computer Fraud and Abuse Act (CFAA): Federal law addressing unauthorized access and computer fraud. Critical for defining terms about acceptable use and access restrictions in the EULA.

Digital Millennium Copyright Act (DMCA): Federal law governing copyright protection for software, including anti-circumvention provisions and takedown procedures.

Copyright Act: Federal law establishing software copyright protection and governing terms of use and distribution rights.

Federal Trade Commission Act: Federal law establishing consumer protection provisions and requirements for fair and non-deceptive practices in software agreements.

Uniform Computer Information Transactions Act (UCITA): State law adopted in Virginia and Maryland that governs software licenses and information transactions.

State Consumer Protection Laws: Various state-specific laws affecting warranty disclaimers and liability limitations in software agreements.

Children's Online Privacy Protection Act (COPPA): Federal law governing data collection and privacy requirements for software that might be used by children under 13.

California Consumer Privacy Act (CCPA): California state law establishing data privacy requirements for users from California.

California Consumer Privacy Rights Act (CPRA): Enhanced privacy requirements for California users, effective from 2023, expanding upon CCPA.

General Contract Law Principles: Common law principles governing contract enforceability, formation rules, and consideration doctrine applicable to software licenses.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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