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EULA for a small indie game

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Hi! I'm about to release my first commercial title, which is a puzzle game that will be sold through my own website. I've been searching extensively here at the gamedev.net forums and the indiegamer forums but I still cannot determine if it's completely necessary for me to include an EULA with the installation package. What do you suggest? Thanks in advance for your answers, --Nacho

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Quote:
Original post by Nacho
Hi! I'm about to release my first commercial title, which is a puzzle game that will be sold through my own website. I've been searching extensively here at the gamedev.net forums and the indiegamer forums but I still cannot determine if it's completely necessary for me to include an EULA with the installation package. What do you suggest?

Thanks in advance for your answers,

--Nacho


No, a end user licence is not really needed unless you are licencing the software to the user.
If you are selling copies of the software your copyright still prevents the end user from legally distributing additional copies.

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Always include at least a disclaimer of warranty and limitation of liability. The best thing is to talk to a lawyer since they have carbon copy papers for this type of stuff if they specialize in copyright.

From the GPL (which is protected btw):

15. Disclaimer of Warranty.

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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Thank you for your replies! I decided to put a simple EULA, just in case.

Merry Christmas and thanks again for your answers!

--Nacho

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