In Germany, the EULA is only part of the contract for standard software if it has been agreed between the seller and the purchaser of the software upon purchase. This presupposes the possibility of getting acquainted when concluding the contract. License terms made available to the buyer only after purchase (e.g. during installation or in the form of printed packaging) are ineffective for the buyer. The same applies when the buyer clicks on “I agree with the license agreement” or something like that during installation, otherwise the software refuses to install it. [1] [2] If such a license is not expressly made available to the future user before the conclusion of the contract, it is a violation of the so-called pre-contractual obligations of information (“culpa in contrahendo”). A breach of these pre-contractual information obligations renders regularly ineffective a modification of the contractual relationship claimed a posteriori, such as an end-user license agreement displayed after purchase. Translate the text of any application or website with a single click An End User License Agreement (EULA), in German End User License Agreement, is an agreement between the developer or publisher of a software and the user of the application. The EULA, often referred to as a software license, is comparable to a lease agreement.
The user agrees to pay for the authorization to use the software and assures the developer or publisher to comply with all the conditions mentioned in the EULA. Even if the license terms were agreed upon at the time of purchase (for example, when purchasing online through clearly visible ads before purchase or when purchasing in store, by clearly printing the full terms on the packaging), their effectiveness may be limited. They then constitute general conditions of sale subject to the control of the content by the rules of the GTC. An End User License Agreement, including an End User License Agreement, abbreviated EULA (from the End User License Agreement), is a specific license agreement intended to regulate the use of the Software. Texts containing an AOP are often displayed at the beginning of the software installation. Search Results: 87. Exactly: 87. Processing time: 140 ms.
Because of the similarity of the legal systems between Austria and Germany, the same is in principle true in Austria as in Germany. This means that in Austria too, users must see other end-user license agreements before the contract is concluded. The user accepts the terms of the EULA, for example by deleting the slide surrounding the packaging of the software, opening the product seal, sending an email to the software publisher, installing the application, running a downloadable file or simply using the application. The user may refuse to accept the contract by returning the software and being refunded the purchase price, or by clicking on do not accept if he has to confirm the terms of the EULA during installation….
