You can protect yourself and your business by entering the above clauses into a CLA and making sure your users receive them before installing or downloading your desktop or mobile app. 10.4 Full agreement and amendments. This agreement constitutes the whole agreement between the parties and replaces all prior written or oral agreements or agreements between the parties. The terms of this agreement can only be changed by a written agreement signed by both parties. You can also download links to your license agreement on your website so users can read them before downloading the software or app or buying hardware. 1.4 « documentation » refers to official, print, electronic or online descriptive documents that the licensee has made available to the client regarding the use of the software. To avoid doubts, installation instructions or end-user documents that are not created or provided by the licensee do not constitute an online community website, unofficial documentation, videos, white documents or comments that do not constitute documentation. Some licenses claim to prohibit users from disclosing data on the performance of the software, but this has yet to be challenged in court. For example, if you`re a video game company that supports online games, or if you`re a developer and you`ve made an app available on the Apple App Store, you should have a CLA. As a result of this provision, customers can accept automatic updates (often by sending their computer or other electronic devices to a third party without notifying the user), which has the potential to endanger privacy and security. A lawyer can determine whether this provision is appropriate in the circumstances. Like other legal provisions, their ECJ is only valid if it has been effectively agreed.
If your users can claim they never agreed, you`ll probably have a harder time to force your clauses against them, if you ever need them. Any important clause must be included in this agreement in order to be included in the agreement between the licensee and the customer. A lawyer may contribute to the unwittingly being omitted. Due to the potentially sensitive nature of sharing a license with someone without having control over what that person is doing with the license, it is very common for developers to require users to accept the CLA before being allowed to install the software. In the example above, z.B. the « Install » button is actually inactive until the « I agree » box is activated. Here`s what it`s like before a user agrees: this form assumes that specific details about support services are set out in a calendar. This can be a useful structure if support services are detailed and/or variable depending on the type of software license.