Short answer: Microsoft’s plain English EULA is a model worth copying. The big idea is to write the agreement to answer the question the customer actually has (“how can I use this?”), not to recite legal formalities nobody reads, and to do it without giving up a single protection that
Short answer: EULA enforceability has a fraud ceiling. A limitation of liability protects you against most claims, but not against fraud. The Dillard’s v. i2 case turned a $10 million deal into a roughly $246 million judgment. The lesson: never over-commit and under-deliver, and draft against the fraud end-run. There
Short answer: review your EULA or SaaS contract at least once a year, and any time you change your model or launch an offering. The goal is simple: make sure the paper still matches how you actually sell, and simplify it while you are in there. Adjust your contracts to
Short answer: the agreement you send to close a deal telegraphs how serious and sophisticated your company is, before anyone reads a word about your product. A long, confusing one says “amateur”; a short, clear, fair one says “we do this all the time.” When a software, SaaS, or other
Short answer: if the customer primarily reaches your software through a browser, you need a SaaS subscription agreement; if the customer primarily downloads and installs your software, you need an EULA. The form follows the primary item provided, not what you call your company. As a SaaS lawyer, I sometimes
Short answer: the end user agreement purpose is broader than most vendors realize. In software and SaaS, an end user agreement does more than allocate risk. Its real job is to explain and support your business model, set expectations, and stay readable — with “what happens if things go wrong”
Short answer: a well-drafted EULA can end a lawsuit before trial. In Hayes v. SpectorSoft, one precise consent clause got the whole case dismissed at summary judgment, which is exactly why your end user agreement terms are worth getting right. A recent case was dismissed before trial because the terms
Short answer: Apple uses what amounts to “platform licensing.” The user agrees to the iTunes terms once, and Apple positions itself as an agent so the app license runs directly between the developer and the user, with no separate EULA click at the moment of purchase. How does the App
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