I have a client who is a small ISV about to release their first PC application. They are looking to me as the app developer for advice on the EULA to accompany the software. Is there a boilerplate starting point, which I can tune based on my knowledge of the application and the business? One goal is to minimize legal expenses.
I'm not aware of any boilerplate off the top of my head (I'm sure it's out there) but here are some basics to consider based on my experience:
- even when you (contractor), the client and the (expected) userbase are all located in the US, it's still possible some users outside the US could buy it/download it, e.g. Canada? EU? Japan?
- EULAs often define the legal jurisdiction to be some defined county in the US. Commonly a business-friendly jurisdiction where you live and work. The default in Silicon Valley is Santa Clara County, California. Delaware is also a common choice due to companies being incorporated there, and none of your customers are likely to live there, or be bothered filing a court case there. Deterrence.
- there are other boilerplate clauses to exclude implied warranty, no guarantee of service, limit liability, consequential damages etc.
I am not a lawyer, this does not constitute advice, disclaimer, etc.