On Mon, Jul 27, 2009 at 2:20 PM, Jason Van
Anden<[email protected]> wrote:
> 1.) A EULA can protect you from a user lawsuit (as well).
> 2.) My app contains tech that is patent pending - I want it know the user to
> acknowledge this.
> 3.) I want the user to acknowledge that they are licensing it from me (they
> do not own it, they cannot just give it away).

All your points suggest that an umbrella EULA for Android apps is a
bad idea, as it would only cover the subset of the clauses you would
want to incorporate, such as specific patents and complete protection
against lawsuits. Also, many developers do not want their software
blanketed with EULA legislation - they may wish for their customers to
*own* rather than *license* the software they are buying, and be free
to incorporate it into whatever workflow/requirements they have.

Regarding your question on the protection of EULA's on Android apps
internationally, the protection is fundamentally the same as any
software being sold internationally: it really depends on the
circumstances. Different countries have different legislation and
levels of protection, nothing can protect you fully.

With the intention of licensing rather than selling your software,
your best course of action is to consult a lawyer for advice on
drawing up a tailored license agreement that the user should
physically sign and return to you for prosperity. Personally, I have
never believed that clicking on a button with no record of who pressed
it could stand up in court. My understanding is there have been no
courts in the U.S. that have ruled EULA's as enforceable on their own,
this may not apply in other countries though.

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