EULA

Is it possible to create your own license agreement? If it is what would be the main points to put down on the license?

Thanks!

Depends: what do you want to allow / require from the user / exempt yourself from?

In my experience, the vast majority of EULA's is mostly cut & paste from other products, and adjusted where necessary.

Sure. But unless you happen to be an international intellectual rights attorney, why risk it?

That depends largely on what terms you want to license your software under.

Does anyone have any sample license agreements?

google does:

http://www.google.com/search?q=sample+EULA

Here's a simple one I'm using for a freeware project. You will obviously need to modify it for use with a commercial project.

---

End-User License Agreement

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the author of the SOFTWARE PRODUCT, which includes computer software and may include media, printed materials, 'online' or electronic documentation, and support services ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

GRANT OF LICENSE.
This EULA grants you the following rights: Installation and Use. You may install and use an unlimited number of copies of the SOFTWARE PRODUCT. Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the SOFTWARE PRODUCT; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of the SOFTWARE PRODUCT may be distributed as a standalone product or included with your own product.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

DISTRIBUTION.
The SOFTWARE PRODUCT may not be sold or be included in a product or package which intends to receive benefits through the inclusion of the SOFTWARE PRODUCT. The SOFTWARE PRODUCT may be included in any free or non-profit packages or products.

COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the Author of the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and International treaty provisions.

TECHNICAL SUPPORT
The SOFTWARE PRODUCT is FREEWARE, thus the Author will not make available any technical support for the SOFTWARE PRODUCT. The Author may, from time to time, revise or update the SOFTWARE PRODUCT. In so doing, the author incurs no obligation to furnish such revision or updates to you.

NO WARRANTIES.
The Author of the SOFTWARE PRODUCT expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

NO LIABILITY FOR DAMAGES.
In no event shall the author of the SOFTWARE PRODUCT be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if the Author of the SOFTWARE PRODUCT has been advised of the possibility of such damages.

Thank you, Bill Stanbrook! That's what I was looking for but it has been modified a little bit to fit my needs.

Thanks again!

Sure. But it's not legally binding.

?

So far a click-through license has never been proven in court to be legally binding. There are mitigating factors such as it being unilaterally imposed by the vendor, without the ability for the user to contest individual provisions. The user is also typically not notified of these EULA restrictions until after they go home and install the software.

There is no law in any country that would consider that a legally binding contract.

Further more practically all countries do not validate any terms of a contract that is not disclosed at the time the agreement is instituted. For instance the terms of use for a program, one has already bought and/or downloaded.

Actually no. The laws of your individual country grant you rights. A contract is not legally binding if it contradicts preceptive laws - such as copyright laws and civil rights laws.

Unless you're an international copyright attorney, don't write your own EULAs. Either leave them up to local jurisdiction, or use one of the existing ones which are explained in plain English (the only ones I know of are Open Source ones unfortunately)

But if someone installs a trial version they can read the agreement before buying it. Is that not legally binding?

Well it depends on the country, but in Denmark, clicking an "I agree" button does not constitute a legally binding agreement. Unless you can prove it, by means of a signed contract, chances are good, you'll lose.

It would also depend on whether local legislation (or probably the judge) considers the trial version and the full version as being the same product. If they aren't considered the same product, you might get away with it.

Probably your best bet is to do what nVidia and Sun Microsystems do. Present you with the EULA before they present you with a download link. Still the EULA could be invalidated for any one of the other reasons.