Most likely, each of us at least once in his life when first launching an application or game encountered a pop-up User Agreement or otherwise EULA (End User License Agreement). And undoubtedly many of us immediately accepted such agreements, without spending time reading tons of text, however, what is the EULA and what is it for?

EULA is a license agreement according to which the copyright holder of the game gives the right to the player to use his intellectual property, while limiting his rights in such use and provides for certain guarantees and insurance. As can be understood from the definition, the EULA is made primarily for the developer himself, and not for the user.

At the same time, another question arises, is it necessary to draw up such an agreement? No, it is not necessary, in most countries the law does not oblige the existence of this license agreement. Some services, like Apple's App Store, offer a ready-made license agreement template. However, if your game contains technology specially created for it, is created on a new or modified engine, you want to provide for what user content players can create and whether they can earn money on it, etc., then it makes sense to write an EULA to avoid possible damages, litigation and the preservation of intellectual property rights. 

Definitions

It contains definitions that will be found in the text of the agreement and in the game itself and require explanation. It can be a game, a user, an update, an in-game currency, an account, a client part of the game, an account, user content, a mod, etc.

Joining the License Agreement

There is a very good practice of defining this item at the very beginning of the EULA, you can even write a complete Caps Lock for the greatest catchiness. This makes the game's support team much easier. In this paragraph, the moment of acceptance of the agreement by the user is determined not only by the procedure of ticking off "I agree", but also by the fact of using the game itself or even being on the official website of the game or the developer. This is necessary because in fact you can use the developer's product. For example: from another computer where the license has already been accepted, and thus, there is a moment when the player can dismiss the fact that he did not accept anything and did not agree with anything. This might look like this:

"By registering an account of our product, using the provided functionality, participating in any way in our project and using its client / software part, you agree to the terms of this User Agreement. Otherwise, you agree to uninstall the client / software and stop all its use"

Subject of the agreement

In this case, we are talking about the transfer of a simple non-exclusive license to the user, which also stipulates the restriction of the rights to use the product, such as the prohibition of the sale of the product and the transfer of rights of use to third parties.

Term and territory of application

As a rule, the term of the beginning from the moment of acceptance of the agreement and until its unilateral termination by the licensor is indicated. Further, it should be prescribed that the termination of the agreement occurs automatically, for greater efficiency. The operation of the agreement is best indicated by the entire territory of the globe.

Online services

This item will be more relevant for online games. Here you can prescribe the terms of use of online services or the renewal and termination of subscriptions to such services.

Acceptable Use

Lists the permissible prohibitions on the use of the game; behavioral rules for the game; specific prohibitions on cheating in games; software for detecting cheats in games, or allowing the use of cheats, as a rule, for single games; the consequences of hacking or cheating in games.

User Content

Players on their own initiative, one way or another, can create user-generated content (comments in blogs, photos, videos, reviews, podcasts) directly or indirectly related to the developer's product. First of all, it is necessary for the copyright holder to decide whether he wants players to be able to create such content at all, then who is assigned ownership, whether the player can earn on such content and in what cases, and under what circumstances content related to the game is unacceptable (for example, in uncoordinated advertising or the presence of hyperlinks).

Creations of users

The content of this paragraph is essentially very similar to the previous one, but here it is worth clearly distinguishing between user content and user creations. Custom creations can be art, books, songs, or fashions. Ownership of the user's creations may be reflected here; Granting a license to create custom creations. prohibitions on the use of user creations; lack of commercial use of the user's creations; no harmful use of user creations; application of content rules to the user's creations.

User Communications

As a rule, in online games, communication between players through voice or text chats is one of the key points in the game. Such communications can often be accompanied by a toxic attitude of players to each other, so it is worth providing for some rules in this communication and responsibility for their violation (temporary or permanent blocking). Also, in general, the licensor can relieve itself of responsibility for the communication of users in the game and, possibly, provide a way to monitor communications for violations. It is also worth noting that in fact, the player himself does not own anything from what he posts in the chat rooms of the game and up to his account. This is the case, for example, with WoT from Wargaming, where in fact any content that you publish in the game automatically becomes the property of Wargaming (as an example, a photo, even if you are not its owner initially).

Fashion

Mods are a type of custom creations that bring various kinds of content to the game, thereby expanding and modifying it. Also, mods are so huge and filled with content that they can be a separate DLC (add-on) or a separate game based on the original one. The main thing to point out is the ability to create mods, their commercial exploitation (use) and content requirements. As well as the removal of responsibility for the content of these mods.

Update

Obligation to apply updates to the game if you have an Internet connection, the consequences of not applying the update to the game.

Support Services

Discretion (i.e. to act in your own discretion) to provide support services; support services provided remotely; lack of guarantees regarding ancillary services.

In-Game Currency (BB)

In most modern games, especially shareware, there is a so-called in-game currency, for which you can make a purchase of in-game items, namely cosmetic items, boosts, resources, passes, etc. Based on this, you should prescribe possible payment methods for obtaining such a BB. It is also worth mentioning the impossibility of exchanging in-game currency for real money and assigning them to one account. In addition, provisions for a licence to use explosives may be drawn up; ownership of the rights to the BB, which will be used only for purchases; the rights of the licensor in relation to the BB, as well as upon termination of the agreement; and the use of technical measures to ensure compliance with the provisions.

Distribution Platforms

Nowadays, there are quite a large number of platforms for distributing their product (Steam, EGS, PS Store, App Store, Play Market, etc.), which allows the developer to choose for himself the most optional option to extract the greatest benefit. When choosing a platform, you need to pay attention to the application of the terms and conditions of the game distribution platform; conflict with the terms of the distribution platform; issues covered by the terms and conditions of the distribution platform; the rights of the distribution platform operator and the material benefits of distribution on this platform.

Intellectual Property Rights

Here everything is simple, the absence of assignment of intellectual property rights of the licensor is indicated; all rights to the game are reserved.

Guarantee

Generally, minimum standard warranties are listed, such as that the game meets the minimum specified requirements, will not harm your device, will not malfunction or fail within the specified period, violate rights, and exclude implied warranties and representations.

Acknowledgements and warranty limitations: minimum

Requirements for the game, both system and age, indicating the presence of certain content in the game; a warning that the game is not entirely safe for health (as a common warning about epilepsy in certain games).

Limitations and Exclusions of Liability

The most important and important point for the licensor in the agreement, which makes his life easier. It contains: warnings regarding the limits of liability (B2B (developer with other legal entities) or B2C (directly developer with user)); interpretation of the limits of liability; lack of liability for force majeure; lack of liability for commercial losses; no liability for loss of data or software; no liability for consequential damages. Also, if before that the applicable law was not indicated and which court will consider disputes, you can act like a well-known company Valve, which is tired of endless litigation in its time, using the following wording:

"YOU AND THE COMPANY _____ ACKNOWLEDGE THAT YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT BEFORE A JUDGE OR JURY."

Confidentiality and collection of personal data

Any game, one way or another, can collect various kinds of personal data of the user ranging from his progress in the game and achievements to the credit card numbers that the player uses when online purchases in the game. Also, such information can be possessed not only by the licensor, but also by third parties, such as its partners.

Cessation

Automatic termination of the agreement in case of violation by the second party of any of the provisions.

Effect of termination

As a rule, upon termination of the agreement, there is an obligation for the user to uninstall the game. Additional consequences may also be foreseen.

General

There is no waiver; the possibility of irreversibility; asymmetric (one-way) change through a notification or website (game); asymmetric assignment of contractual rights (B2C); lack of rights of third parties; the completeness of the agreement; applicable law; exclusive jurisdiction (B2C).

The result?

The above EULA content is exemplary, based on an analysis of the licensing agreements of some well-known game companies. Some provisions do not necessarily have to be written in strict legal language, and the developer can state it in the form he wants. In practice, there are enough examples where some provisions turned out to be humorous or absurd: in EULA Baldur's Gate 3, the user is obliged to dance, sing or write a poem praising the Forgotten Realms. Before entering into such an agreement, any developer must:

• Analyze your game for the presence of features in it that should be regulated.
• Weigh the pros and cons of user activity.
• Check out the EIAs of major gaming companies where you can learn useful practices.
• Include standard license clauses on liability, confidentiality, license granting to protect yourself in the future.
• Create an EULA.

Most likely, it may not be useful for you to prescribe all these strict rules in the agreement. For example, user-generated content often helps the very promotion of the game. Therefore, it is worth finding a middle ground, where you do not abuse the prohibitions, but at the same time protect yourself from unpleasant proceedings in the future.