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When installing our software, end users must agree to a EULA before installation.

After a software update/patch is deployed, is it required that the EULA is accepted again, or is an updated version of the software still considered under the same EULA as the original?

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Is a EULA required for each software update?

Although there might be case law in some jurisdictions answering in the affirmative, the issue ought to be assessed from the principle of contract law that parties to a [cognizable] contract enter its conditions knowingly and willfully. Thus, the questions would be: Does the sole act of installing an update justify the presumption that the parties' rights and duties have automatically changed? And, if so, what new conditions can a reasonable person identify in the absence of update's EULA?

As a precaution, EULA may preemptively make it clear that its terms, unless indicated otherwise in a subsequent update, are applicable also to updates of the product.

Especially where an update is to be construed as continuation of a service/product that had been agreed upon, an allegation akin to "the update in and of itself changes the parties' rights and duties" seems devoid of merit. However, the approach mentioned in the preceding paragraph would overcome legal precedents (unforeseeable or otherwise) holding that an update inherently strikes any previous EULA.

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  • Thanks for the response. I'm going to paraphrase your response to ensure I'm understanding: it probably isn't necessary, but to remove any potential ambiguity a EULA per update wouldn't be a bad idea. Is that about right? – splinterz Aug 12 '20 at 15:02
  • @splinterz Yes, your paraphrase is accurate enough. I for one would change "probably" to 'usually". Based on the principles of contract law, there is no need for subsequent EULAs. Period. I see no reason why by default an update would alter the parties' positions. I suggested preempting in the initial EULA the effect of a potential/unknown legal precedent, but an EULA per update is not a bad idea either. – Iñaki Viggers Aug 12 '20 at 16:24

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