An end user license agreement is exactly what it means – it`s an agreement that provides an end user license. End-user license agreements are used in a wide range of situations, including traditional standard software, software applications, and under a master service agreement, often at the enterprise and enterprise level. Overall, the best choice for a SaaS product is an SLA, a ToS, or both. An SLA typically covers service levels in detail, including performance targets, response times, and escalation procedures. This means that an EULA agreement is less appropriate, given that the end result of using EULA agreements is that a copy of your user software is granted to the customer. What would be the major disadvantage of granting both a license and having some kind of service component? Just the fact that there is no need for maintenance of the software? At first, it was a good idea to treat the contract as a subscription, but after further reflection, I try to determine the real practical advantages of the transaction`s paradigmatic preference as service-based over the license. In Warners Bros. vs. WTV, the defendant was not an end user, but a distributor (without a distribution license, public performance license, etc.).
You can break this confusion by asking what the customer will do with the software. If the customer drops a copy of software on a computer – downloads it, installed it from a hard drive, etc. – the agreement requires a license. Copyright gives the owner of the software a monopoly on the right to copy (“reproduce”) it, so the customer needs a copyright license to create a copy and put it on a computer. But in the case of a SaaS agreement, the customer does not put software on a computer or copy it at all. The software is located on computers operated by the provider (perhaps in a third-party data center) and the customer usually only accesses it via the Internet. Without copies, copyright plays no role in the transaction, so the customer does not need a copyright license. On the contrary, the customer needs a simple promise: “For the duration of this agreement, the supplier will give the customer access to the system.” The SLA is a legal agreement between the customer and the service provider that defines the details of the service itself and not the relationship between the parties. This means that this type of agreement usually covers things such as the scope of service, quality levels, performance and uptime targets, and what happens in the event of an error or problem with the service you provide.
An EULA agreement gives the buyer (buyer) the right to use a copy of your software after paying, in accordance with the license terms you have set (.B e.g. payment, a period of time for licensing, and prohibitions on sharing the software with others). . . .