Application User Agreement
Application User Agreement – Service Provision Agreement Contract doc – General Services Contract Form – Electronic Services Provision Contract Form – Electronic Application Contracts – Business Agreement Form – Service Provision Contract Administrative – Software Services Provision Contract – Cleaning Services Provision Contract Form – Microsoft Software User Agreement Book
What is an Application User Agreement?
An application user agreement is a contract between the company that owns the software and the user. It explains how each party's rights are limited to using, modifying, copying, or distributing that application. An application user agreement ensures that both parties understand what they can do legally with their copies of the application. The Application Agreement may be required by law and used for contractual purposes.
The legal consequences of failure to comply with the Application Use Agreement depend on the local laws and regulations in the relevant jurisdiction; however, it may result in liability for damages resulting from unauthorized use of such software. In addition, such agreements help to minimize disputes over usage and distribution rights that may arise from sharing copies between group members or other collaborators.
Scope of Use Restrictions on Software
Customer agrees to include terms and conditions in Customer Agreements that reflect the following:
- Customer is granted a non-exclusive, non-transferable, non-assignable right to use the Products solely for their intended use;
- Customer shall not reverse engineer, decompile, alter, transfer, modify, or create a derivative work from the Product;
- No title to the Products and Documentation is transferred to Customer;
- Customer may use the Products only as part of the equipment, hardware, or software into which any Product is incorporated or for which it is delivered;
- Customer shall not remove any proprietary, copyright, trade secret, or cautionary legend from any Products or Documentation or copies thereof;
- Customer shall not provide the Products or Documents to any country in violation of any export control laws or regulations.
- Customer's agreements with its customers shall also contain disclaimers of warranties and limitations of liabilities with respect to the Products and Documents at least as restrictive as those set forth in this Agreement.
App User Agreement
Do you need a User Agreement?
Your business should have a User Agreement if it is, in whole or in part:
- Relies on e-commerce
- Uses proprietary software
- Provides an external venue for others to buy and sell products
- Includes applications or software for use by the general public
- Includes interactive elements, such as forums where users can interact directly with others or with you
Elements of an Effective User Agreement
While it is important to keep in mind that user agreements are customizable documents specific to the software and services they cover, some basic elements are essential for optimal effectiveness. Here are the most common components of a typical comprehensive user agreement.
1- Non-exclusivity Clause
A non-exclusivity clause allows third parties to license your software. This clause also makes it clear that neither you nor the user have an exclusive contract with the other party.
2- Non-transferability Clause
Non-transferability clauses protect you as the software provider from users transferring their license rights to other parties. This also sets the stage for bringing a breach of contract claim if it becomes necessary in the future.
3. Rights after the contract ends
This section outlines the rights that apply to both parties after the contract ends. This type of clause protects you from competitors who buy your software and use elements of it for their own financial gain.
4. Modification Provisions
Modification provisions are designed to prevent users from modifying your software on the back end or changing its code. While some user agreements specify specific modifications they want to prohibit, others simply issue a blanket prohibition on any modifications at all.
5. Breach of Contract Provisions
This section defines what constitutes a breach of contract on the part of a user. These provisions serve as a guide for users regarding how they may or may not use your software or service. If a user breaches the contract, this clause allows you to legally revoke their license without fear of legal retaliation.
5- Payment Details
The user agreement should also detail payment details such as any fees you may charge for subscriptions or membership.
6- Device Specifications
This section describes your licensing requirements for the user’s devices. For example, some software is designed to be used across a wide range of devices, while others are limited to one or two devices.
7- Limitation of Liability
The limitation clauses protect you from lawsuits brought by users due to circumstances beyond your control. Events covered by this clause typically include system outages and data loss. However, these clauses will not protect you from damages caused by your company’s gross negligence.
8- Termination Provisions
Termination provisions define the rights of both parties when either party decides to terminate the User Agreement. Examples include requiring the User to uninstall any software they have downloaded and to return or destroy any paper copies they may have in their possession. Most termination provisions also state that you have the right to terminate customer relationships for any or no reason.
9- Choice of Law Provisions
This section identifies the specific laws relevant to the contractual agreement. The applicable laws are those of the geographic location of the Provider, not the End User. This provision is an essential element of any User Agreement because it helps to limit the costs of litigation in the event of contractual disputes.
10- Warranty Disclaimer
These warranty disclaimers state that the software or service is available for use on an “as is” basis. As the owner or operator, you are not responsible for making improvements or modifications to meet user needs.