Decoding (Mind-Numbing) Software Agreements: Part 32022-06-16T23:11:31+00:00
Decoding (Mind-Numbing) Software Agreements: Part 3

In the third part of decoding EULAs, we focus on support terms also known as updates or modifications.  As discussed previously, the EULA is the agreement containing the terms the user of a software program agrees to abide by in using the software.  Below are examples, that have been included in recent software agreements:

“Company X will provide maintenance and updates for its software as part of the Agreement.  Company X retains the sole right to determine whether an update represents an enhancement of a previously purchased capability or a new capability for which the Customer will be charged.”

“Except as provided herein, should the program prove defective, licensee [user] assumes the entire cost of all necessary servicing, repair or correction, and of any incidental or consequential damages resulting therefrom.”

Decoding (Mind-Numbing) Software Agreements: Part 3

Often as part of a software program there is periodic maintenance.  The system is supported and bug fixes are provided intermittently.  A Help Desk may be made available for questions or errors encountered.  However, there are also more complex support systems available, including training, identified block of support staff time, etc.  These offers may be included in the base price or, more often, at an extra cost.  Being aware of the available support, training, and help desk availability will let you ‘get your money’s worth’ by using the available options or could cost you more when the invoice arrives after the work has been done.  Your staff and IT department need to know what is and isn’t available to them…that is found in the EULA.

Reviewing and understanding the support or updates/modifications language in the EULA allows a company to fully utilize the software to its best potential.

Up next: Part 4 – The Final Episode in Decoding Software Agreements – Limitation of Liability

By: Megan Evans


Ball Janik LLP was founded in 1982 with six lawyers and a four-person support staff in Portland, Oregon. Since our firm’s inception, we have expanded our capabilities, our professionals, and geographic footprint. What started as a firm focused in real property and land use (known then as Ball Janik & Novack), has grown to include the insights of a team of 30-plus attorneys, with a combined six centuries of experience, and capabilities including Real Estate and Land Use, Construction Defect, Commercial Litigation, Insurance Recovery, Construction and Design, Employment, Finance and Corporate, Public Agencies and Schools, and Community Associations. With offices in Florida and Oregon, our regional growth has earned us a national reputation for upholding the rights of our clients.

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