End User License Agreement’s (EULA) for Android
Unlike Apple, Android Apps are not required to include an EULA, nor is there a default EULA in place. Because there is no legal requirement, many Android Apps do not have a governing EULA – potentially leaving App Developers exposed to various risks.
EULAs protect an App Developer’s interests in their App – in particular – any IP rights. Without an EULA in place, an App Developer would struggle to enforce any action and obtain remedies if an End User was to, for example, reverse-engineer the App and use for their own commercial gain.
Google Play Store and Amazon Appstore offer distribution agreements that do not cover who has proprietary interest in an Android App.
As such, and for App Developers to fully protect themselves, it is advisable that they have an EULA attached to their Android App. It will preserve the App Developer’s intellectual property rights and allow an App Developer to enforce those rights.
Points to Note/Red Flags:
- Review of EULAs – if an App is available on an Android App Store (Google Play or Amazon Store) it may be possible that, for at least a period of time, the IP within the App has been/is unprotected
- Distribution of EULAs – if an App is to be made available on both Apple and Android App Stores, you will need 2 EULAs – one containing the Specific Apple Terms for the App distributed to the Apple App Store, and one without reference to Apple to be distributed on the Android App Stores.
For more information, help or advice, please contact Caroline Wood on 0191 211 7890 or email [email protected]