How Important is End-User License Agreement in
Vietnam?
End-user license
agreement (EULA) is a legal
agreement enter between two parties which are software developer or provider
and software user. Terms and Conditions could cover a large scope of matters,
for example, payment schedule, privacy policy, providing service to third
party, solving arisen disputes and even inclusive of EULA. Whilst, EULA almost
focuses on agreement of giving the user using software right and includes the
regulations related to grant of license, limitations or using period of the
software.
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Software
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Normally, after the user downloads the
software and officially install it, an EULA would be shown out for user to
understand its rights and obligations and agreed to. EULA may be called by
different names which are License Agreement, Software license agreement, etc.
What is the nature of
EULA?
This is a commitment which developer or
provider create and user must abide by before installing the software. However,
this does not mean from the time user agrees to EULA, user will be the owner of
the software. The user only has the legal using right to that software. Some
important matters to consider would be granting of license, limitation of
granting of license, and IP.
Firstly, “Granting of License” is a
prerequisite of this agreement when clearly state that user will be granted using
software right. Secondly, the term “Limitation” is also a very important term
of EULA as after installing, user may utilize the software in lots of purposes
which are both legal and illegal and may affect the software developer/provider
or any third party. Thus, this term particularly regulates the activities which
users are not allowed to do while using the software. Thirdly, “Intellectual
Property” is a pretty popular term in almost all type of agreements to protect
the developer in copyrights. Besides, there are other terms such as “software
update, maintenance and technical assistance, ability limitation, regulated
law, etc.” and for each particular case and purpose of the owner, the agreement
might also cover other appropriate terms.
End User License Agreement is a very
important agreement attached to the software to guide the users and protect
rights of the software developer or provider. Therefore, this agreement should
be anticipating all cases as software owner wish to avoid disputes and even in the
case of violation, the agreement will be the starting points to recover the
damages to the developer and software owner.
ANT Lawyers – English
Speaking law firm in Vietnam with international
standard, local expertise and strong international network. We focus on
customers’ needs and provide clients with a high quality legal advice and
services. For advice or service request, please contact us via email ant@antlawyers.vn,
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