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Commentary on End User License Agreements and Acceptable Use of University Computers

What is an End User License Agreement (EULA)?

An end user license agreement, commonly referred to as a EULA, is an agreement or contract between the user of software and the licensor that provides the software. EULAs usually outline the ways in which software can be used, copyright information, liability information, etc.

EULAs are usually presented in way where the user clicks to accept the agreement when installing or updating software, but may also be enclosed or packaged with software/media/etc.

Can an employee accept EULA terms on University computers?

It is reasonable and acceptable for an employee to install and use software on a University computer as long as they are authorized to do so. Sometimes this will involve accepting EULA terms, perhaps as part of a "click through" agreement. Generally, when individual employees accept EULA terms in order to install or use software they are accepting the terms personally and could be held personally liable for cost/damages/etc. involved with enforcement of EULA contract terms.

After terms have been accepted, it would be considered unacceptable--as outlined in the UGA Policies on the Use of Computers section 4.10--for an employee to use the software/media in violation of the EULA.

Can an employee accept a EULA on behalf of the University?

Employees with appropriate signature authority may accept or agree to EULA terms, as long as the contract is reviewed and handled by the Office of Legal Affairs.

Employees without this signature authority may not accept or agree to any EULA that purports to bind the Board of Regents of the University System of Georgia and the University of Georgia. Any employee agreeing to a contract/agreement, including a EULA, without proper authorization shall be deemed to be acting outside the scope of their employment. In these cases, employees may be held personally liable for a contract and any resulting cost or damages incurred thereunder.

How do I find out more about EULAs?

Questions pertaining to EULAs or other contracts should be directed to the Office of Legal Affairs.