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Re: Need help with writing an EULA [Re: tindust] #80570
07/31/06 03:38
07/31/06 03:38
Joined: May 2005
Posts: 819
U.S.
Why_Do_I_Die Offline
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Why_Do_I_Die  Offline
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Joined: May 2005
Posts: 819
U.S.
So no one has a good EULA to use ? , I'm wondering , can u just copy one from a commercial game install and change their name to urs ? Or could one get in trouble for something like this ?

Re: Need help with writing an EULA [Re: Why_Do_I_Die] #80571
07/31/06 04:15
07/31/06 04:15
Joined: Feb 2003
Posts: 6,818
Minot, North Dakota, USA
ulillillia Offline OP
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ulillillia  Offline OP
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Joined: Feb 2003
Posts: 6,818
Minot, North Dakota, USA
I've already done that. Mine just came up much shorter than expected and I have a strong feeling that I'm missing something important or even of medium importance.


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Re: Need help with writing an EULA [Re: ulillillia] #80572
07/31/06 15:05
07/31/06 15:05
Joined: Aug 2002
Posts: 681
Massachusetts, USA
Ichiro Offline
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Ichiro  Offline
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Posts: 681
Massachusetts, USA
(Standard disclaimer: I am not a lawyer.) There are some places where you could eliminate redundancy and clarify things a bit. For example, under "Distributions," you might just axe the first two sentences (I think you state that more clearly in the rest of the section) and add in a line about how the full version may not be distributed.

Also, you may want to use active (vs. passive) voice throughout the agreement. (E.g., "Upon termination, all copies of the software must be destroyed" becomes "Upon termination, you agree to destroy all copies of the software," etc.)


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Re: Need help with writing an EULA [Re: Ichiro] #80573
07/31/06 16:43
07/31/06 16:43
Joined: Aug 2005
Posts: 312
Sweden
tindust Offline
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tindust  Offline
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Posts: 312
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Ditto, (Standard disclaimer: I am not a lawyer either.)

Well, it's really up to the publisher (you, or your attorney) how detailed each paragraph should be. No one else can really do that for you since there may be legal responsibilities involved. That's why no one can (dares to) post a complete EULA and say "Use this!"

Just for you to consider, here are some EULA points I would make sure to include:


END USER LICENSE AGREEMENT (EULA) //////IMPORTANT POINTS TO INCLUDE
------------------------------------
NAME. SUPERGAME License Version 1.0

THIS IS A CONTRACT
Important - read carefully. This License Agreement is a legal agreement between YOU, (either as an individual LICENCEE or as the representative on behalf of a single entity) and SUPERGAME Software ("SUPERGAME") for all SUPERGAME products, which may include associated media, printed materials, and electronic documentation ("Software"). By installing, copying, or otherwise using the SOFTWARE, YOU agree to be bound by the terms of this agreement. If YOU do not accept the terms and conditions, then YOU must not accept the SOFTWARE.

LIMITED WARRANTY

OWNERSHIP
Copyrights and Trademarks.

THI IS A NON-EXCLUSIVE USE LICENSE

RESTRICTIONS The Software may be used only by you.

REDISTRIBUTION. No part of the Software may be redistributed.

LIMITATIONS ON REVERSE ENGINEERING.

RENTAL.

PASSWORDS AND SOFTWARE KEYS. …not give away…

RESELLING THE SOFTWARE.

TERMINATION. This license agreement is terminated automatically if you fail to comply

LIMITATION OF LIABILITY

CONTROLLING LAW

SUPPORT. Support Service provided.

UPGRADES.

COMPLETE AFREEMENT. This license agreement constitutes the entire agreement between you and SUPERGAME Software with respect to the use of SUPERGAME and accompanying materials. SUPERGAME Software may amend this license agreement by posting changes to its website at theweb.SUPERGAME.co.

YOUR ACCEPTANCE OF THIS AGREEMENT WAS INDICATED BY ORDERING AND INSTALLING THE SOFTWARE.

SUPERGAME Software
theweb.SUPERGAME.co
---------------------------------------------


These are the most often used points in an EULA. They can be more or less elaborate, and many have lots more detailed points. It's really up to you how detailed you think you need to be. Finally, I have to refer again to the link I posted earlier in this thread, it has a great example of an EULA and tells you about options you have for each paragraph.

Hope this help to settle the legal worries a bit,
Cheers,
Tindust


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