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Caveat Emptor: End User License Agreement Terms

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End-user license agreements or EULAs are commonplace in our everyday digital life. We encounter them when we sign up or create accounts on various online platforms such as Facebook, or when downloading and using software on devices. An average tech consumer sees the ticking of the ‘I Agree’ box below EULAs as a stumbling block that just needs to be taken away to proceed with the ongoing process, without much thought on what such agreement says. Even attorneys -who should ordinarily fare better- rarely read these bulky and voluminous agreements. 

EULAs typically contain all the information about using a product or service, meaning that an oversight in understanding the rules contained therein, can turn out to cost such consumer a whole lot. Caveat emptor warnings are a very common source of such subsequent trade disputes.

Vendors and providers include caveat emptor warnings i.e. “let the buyer beware” warnings in end-user license agreements to absolve themselves from blame and limit their liability. These clauses seek to mitigate the seller’s liability under the contract when say, the buyer or user has a negative experience in the course of using the product or his expectations are not favorably met.

The most popular approach is letting the buyer be aware that the limitation of liability –in the event that either party suffers harm, injury, or inconvenience- is mutual, meaning that both parties agree not to hold either one responsible for any liability that goes beyond the contract terms.

The bottom line is that buyers or customers have to be proactive when signing EULAs. Ensure to inspect and confirm the integrity and suitability of the product before making a purchase or signing your rights away when you click I Agree!

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