"All your points suggest that an umbrella EULA for Android apps is a bad
idea"

I am unclear why you think I was suggesting this.  I was seeking advice from
others who may have already come to some conclusion before me.  My three
points were meant to document the conclusion I came to ... in case someone
else stumbled upon this thread.

Thanks,
Jason Van Anden
http://www.smileproject.com


On Mon, Jul 27, 2009 at 1:52 PM, Sean Hodges <[email protected]>wrote:

>
> 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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