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Re: Need help with writing an EULA [Re: ulillillia] #80560
07/11/06 06:07
07/11/06 06:07
Joined: Aug 2005
Posts: 312
Sweden
tindust Offline
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Here is a legal template Example.

Another (maybe obvious) suggestion is to look at the EULAs of your computers software. These are really useful sources for legal text, although I've never found a single one that I was completely satisfied with and that had everything I needed.
cheers,

tindust

Last edited by tindust; 07/11/06 06:16.

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Re: Need help with writing an EULA [Re: tindust] #80561
07/15/06 16:55
07/15/06 16:55
Joined: Aug 2005
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tindust Offline
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To add to the previous post, the link also has suggestions for free local legal advice. Another good option is the local Chamber of Commerce for free legal help (i.e. in the US, not sure what the corresponding organization is called in other countries). They have usually retired local business and legal experts eager to help a startup business.

cheers, tindust


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Re: Need help with writing an EULA [Re: tindust] #80562
07/25/06 23:30
07/25/06 23:30
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Minot, North Dakota, USA
ulillillia Offline OP
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I've been calling around my local area for quite a while and I haven't gotten anywhere. There aren't any legal experts around that even have knowledge in writing an EULA. I have a strong feeling that I'm missing something, quite a bit actually. Many other license agreements that I've seen would be about 8 KB in text. Mine is about 2 or 3 KB, much smaller and shorter. At the moment, it's the only thing left with my 2D game before I can release it.

I've finished making the key file and save/load system. Writing the EULA and listing it on Regnow is all I have left.


"You level up the fastest and easiest if you do things at your own level and no higher or lower" - useful tip My 2D game - release on Jun 13th; My tutorials
Re: Need help with writing an EULA [Re: ulillillia] #80563
07/26/06 02:21
07/26/06 02:21
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Massachusetts, USA
Ichiro Offline
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I'm not a lawyer, but I wouldn't judge an EULA by its size.

You've looked at other EULAs; make sure you've hit all the high points; write clearly (no need to resort to fancy wording); and you'll probably be in the best position you can be short of consulting an attorney.


Dejobaan Games - Bringing you quality video games for over 75 years.
Re: Need help with writing an EULA [Re: Ichiro] #80564
07/26/06 08:46
07/26/06 08:46
Joined: Feb 2003
Posts: 6,818
Minot, North Dakota, USA
ulillillia Offline OP
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Quote:

make sure you've hit all the high points




This is the tricky part. I've got most of them, but I still have a strong feeling that something is missing. Could you review my EULA to see what I may be missing?



Quote:

write clearly (no need to resort to fancy wording);




Although not sure on it, I'm fairly certain (about 80%) that I've done this.


"You level up the fastest and easiest if you do things at your own level and no higher or lower" - useful tip My 2D game - release on Jun 13th; My tutorials
Re: Need help with writing an EULA [Re: ulillillia] #80565
07/26/06 10:54
07/26/06 10:54
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tindust Offline
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You also need a Disclaimer, No Warrant and Liability clause. It's standard and gives SOME legal protection against unforseen consequenses and effects your software may have on one of your customers computer.

Info from an unspecified source:

Quote:


Software licensing is a contract of agreement between the software publisher and the end user, sometimes referred to as the End User License Agreement, or EULA. Though software licensing can be a paper agreement, it is most often imbedded in the software itself as part of the installation process. If the user does not agree to the software licensing terms, he or she can indicate so with a click. This aborts the installation process. In most cases, end users click in agreement whether they actually read the license or not.

Most notably, software licensing protects the copyright by placing restrictions on the end user in relation to the product. Duplication for purposes other than backup, installation on more than one computer, editing the code, or changing the program in any way is usually forbidden. Software licenses might also restrict reverse engineering and bypassing controls intended to cut down on pirating.

Aside from restrictive uses of the software, software licensing functions as a kind of disclaimer. Most EULAs include statements to the effect that the publisher will not be held liable for any unforeseen circumstances that might arise as a consequence of using the software. This could refer to anything from a computer crash to loss of data, time or income.





Otherwise the EULA can be short and to the point, as yours is,

good luck!
tindust


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Re: Need help with writing an EULA [Re: tindust] #80566
07/26/06 12:24
07/26/06 12:24
Joined: Feb 2003
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Minot, North Dakota, USA
ulillillia Offline OP
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Disclaimer? I'm not sure what that is. I have a "Warranty" section and a "limitation of liability" section though.


"You level up the fastest and easiest if you do things at your own level and no higher or lower" - useful tip My 2D game - release on Jun 13th; My tutorials
Re: Need help with writing an EULA [Re: ulillillia] #80567
07/26/06 15:43
07/26/06 15:43
Joined: Aug 2005
Posts: 312
Sweden
tindust Offline
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Well, look at the quoted info last two sentences, that's the meaning of a disclaimer...

disclaimer = include statements to the effect that the publisher (you) will not be held liable for any unforeseen circumstances that might arise as a consequence of using the software. This could refer to anything from a computer crash to loss of data, time or income.

edit: in effect similar to the limited liability, but you specifically disclaim any responsibility for any loss of data, time or income...

cheers,

Last edited by tindust; 07/26/06 15:45.

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Re: Need help with writing an EULA [Re: tindust] #80568
07/26/06 16:12
07/26/06 16:12
Joined: Feb 2003
Posts: 6,818
Minot, North Dakota, USA
ulillillia Offline OP
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From reading other license agreements, I've noticed that the warranty and liability parts are almost always all-caps. Is there any particular reason for it? If it was an odd case or two, it doesn't catch my attention, but pretty much every EULA has these two parts as all-caps.


"You level up the fastest and easiest if you do things at your own level and no higher or lower" - useful tip My 2D game - release on Jun 13th; My tutorials
Re: Need help with writing an EULA [Re: ulillillia] #80569
07/26/06 16:38
07/26/06 16:38
Joined: Aug 2005
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tindust Offline
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Nah, I think the all caps only means that it is a really important point to make from the sellers perspective, and of course that you have shown a major effort to get that point across (CAPS tend to draw the attention to them). Strictly legally, it's the content that matters however, not if its in caps or not.


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