Software without a EULA is software with undefined rights: buyers may believe they own it, competitors may decompile it, and every crash is a potential warranty claim. The EULA fixes all three by granting a narrow license, forbidding reverse engineering and redistribution, and disclaiming the warranties that would otherwise attach.
This template covers the standard architecture: license grant, restrictions, ownership, updates, data collection, app store clauses, disclaimers, and a liability cap, adapted to desktop or mobile distribution and to paid, free, or freemium models.
Licensed, not sold: why the distinction matters
The core move of every EULA is legal, not technical: the user receives permission to use a copy, never ownership of the software. That single distinction is what lets the developer forbid resale and redistribution, terminate the license on breach, keep ownership of the code, and prevent a purchaser from claiming the rights a buyer of goods would have. The license grant clause defines exactly how far permission extends, per device, per user, or per household, and everything the grant does not say is reserved.
- Restrictions clause: the enforcement backbone: no copying, no derivative works, no reverse engineering (with the narrow interoperability carve-out some laws require), no resale.
- Termination: breach ends the license automatically, which converts continued use into copyright infringement, a far stronger remedy than breach of contract alone.
EULAs and the app stores
Apple and Google both apply a default license agreement to apps that ship without their own, and both allow a custom EULA that takes precedence if it includes the store-required minimums: acknowledgment that the store is not responsible for the app, no support obligations for the store, and, for Apple, third-party beneficiary status to enforce the license. The template includes that block automatically when you select mobile distribution. Enforceability follows the same rules as any online contract: present the EULA at install or first launch with an explicit agreement action, not buried behind a link nobody sees.
Freemium needs one agreement, not two
If your app is free with paid features, a single EULA covering both tiers avoids the gap where paying users hold no license for the features they bought. The template writes the grant to extend to paid features automatically upon purchase.
EULA, terms of service, or both
The EULA licenses the copy of the software running on the user's device; terms and conditions govern an online service: accounts, acceptable use of servers, payment for subscriptions to a hosted product. A pure SaaS product used through a browser usually needs terms of service alone, because no software is delivered. A downloadable app with a connected service needs both, and each should reference the other. Whatever the mix, data practices live in a privacy policy, which the app stores require in addition to any license agreement.
Consumer law floors survive the EULA
Disclaimers and caps hold up well in US courts, but they cannot erase rights a state declares non-waivable, and gross negligence and willful misconduct remain actionable regardless of wording. The savings language in the template acknowledges those floors, which strengthens the rest of the document.
Frequently asked questions
Do I need a EULA for a free app?
Yes, arguably more than for a paid one: with no revenue, an uncapped liability claim or an unrestricted right to redistribute your code is pure downside. The license grant, restrictions, and disclaimers all work identically whether or not money changes hands.
Is a clickwrap EULA enforceable?
US courts routinely enforce EULAs presented with reasonable notice and an affirmative act of assent, such as an 'I agree' checkbox or button at installation or first launch. Agreements buried in a readme or linked without any assent step are the ones that fail.
Can I really prohibit reverse engineering?
Yes, and the clause is standard, but a narrow statutory carve-out survives it: some laws permit limited decompilation strictly for interoperability. The template's wording prohibits reverse engineering except to the extent applicable law expressly permits it despite the restriction, which is the enforceable formulation.
What is the difference between a EULA and a software license for developers?
A EULA licenses end users to run the software. Developer-to-developer licensing, such as licensing your code, API, or components for inclusion in someone else's product, is a different transaction handled by a licensing agreement with royalties, sublicensing terms, and delivery obligations.
Does the EULA replace a privacy policy?
No. The EULA can reference data collection, but privacy disclosures are a legal requirement of their own under state privacy laws and app store rules. Ship both documents and link the privacy policy from the EULA, as the template does when you indicate the software collects data.
Should the EULA name Apple and Google?
If you distribute through their stores, yes. Apple's developer agreement requires specific minimum terms in any custom EULA, including its status as a third-party beneficiary. The template inserts the store block automatically when you select mobile or both as the distribution channel.