End User License Agreement (EULA)

A legal contract between a software provider and user that grants the user permission to use the software under specified terms and conditions. EULAs govern software use, not data practices, but they often overlap with privacy policies. EULAs typically address permitted uses, restrictions, intellectual property rights, warranties, liability limitations, and termination. From a privacy perspective, EULAs may reference privacy policies, address data collection by the software, include consent for updates that may affect privacy, and establish jurisdiction for disputes. Software providers should keep EULAs separate from privacy policies to avoid confusion—EULAs govern software licensing, while privacy policies govern data practices. However, both should be presented during software installation or account creation. EULAs must be enforceable, which requires reasonable notice and user acceptance. Mobile apps present EULAs during installation, while websites may use clickwrap or browsewrap approaches.