Breakdown of EULA or ToS components

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Brian Erdelyi

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Nov 2, 2012, 12:43:48 PM11/2/12
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While creating www.clearware.org, I researched various EULAs to break them down into common elements.  With this breakdown, I could review and categorize common characteristics or terms.
 
The components of a EULA or ToS include permissions, requirements, restrictions and functions.  Terms call into one of these components.
 
  • Permissions: Terms that state how you can use the software or service are grouped as permissions.  This could include permission to use the software or services for personal use only.  Permissions could lso include opt-in or opt-out clauses and the right to uninstall.
  • Requirements: When using the software or service you may need to meet certain requirements.  For example, you may need to be 18+ or you may only use the software or service in a particular location.  You may even be required to accept terms in a separate agreement (i.e. for third-party software or service).
  • Restrictions: When using the software you may be prohibited from doing doing certain things such as copying, reverse-engineering, making derrivative works. using third-party software/services/hardware or other actions.
  • Functions: When using the software or you may need to acknowledge or be aware of how it behaves. For example, you may need to accept automatic renewals via credit cards, advertisements, user tracking, gathering of personal or non-personal information, installation of additional software, modification of your system, technology that restricts how you use other software or hardware or more.
 
Do you think these adequately describes how statements in a EULA or ToS can be grouped?
 
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