By installing and using the Software, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to comply with the terms of this license and that the Software will only be used in accordance with the terms of this license and all applicable laws. It`s up to you. Many companies have both, with the EULA dealing exclusively with the license and the GTC agreement everything else. Jerry Pournelle wrote in 1983: « I have not seen any evidence that. The Lévis agreements, full of « You don`t want » – have any effect on piracy. He gave the example of an ITA that was impossible for a user to respect, and said, « Come on, Fellows. No one expects these agreements to be respected. Mr. Pournelle found that, in practice, many companies have been more generous to their customers than their ITAs, and wondered, « So why do they insist that their customers sign `agreements`, which the customer does not want to keep and which the company knows are not being respected?. Should we continue to hypocritically with publishers and customers?  The 7th circuit and the 8th circuit support the « licensed and unsold » argument, while most other circuits do not.
In addition, the applicability of contracts depends on the state`s adoption of the laws of the Uniform Computer Information Transactions Act (UCITA) or the anti-UCITA (UCITA Bomb Shelter). In anti-UCITA countries, the Uniform Commercial Code (UCC) has been amended so that software is explicitly defined as good (which makes it the subject of the UZK), or to prohibit contracts that stipulate that the contractual terms are governed by the laws of a state that has passed the UCITA. In addition, ProCD v. Zeidenberg, the license was declared enforceable because it was necessary for the customer to accept the terms of the contract by clicking on a « I agree » button to install the software. However, in Specht v. Netscape Communications Corp., licensee was able to download and install the software without first having to verify the terms of the agreement and give its positive consent, so that the license was declared unenforceable. An EUA is narrower and deals only with the conditions for granting a licence. All clauses of the EULA relate to the licence itself in relation to other aspects of the customer-business relationship found in an agreement with the general terms and conditions of sale. They will usually find only one ETA from companies that deal with software, saaS or mobile applications. In your EULA, you expressly grant your customers a license in which you clearly state that the limited use license is revocable and non-transferable. Here you can also refuse the warranties, limit your liability, outline the rules and restrictions relating to the use of the license and describe what happens in case of violation of the rules. End-user license agreements are usually lengthy and written in a very specific legal language, making it difficult for the average user to give informed consent.
 If the company designs the end-user license agreement in such a way as to deliberately deter users from reading it and to use language that is difficult to understand, many users may not give informed consent. Software companies often enter into specific agreements with large enterprises and government agencies, which include specially crafted support contracts and warranties. The Product Software and all worldwide copyrights, trade secrets and other intellectual property rights are the exclusive property of carbonTRACK and its licensors….