Retroactively updating an EULA

[Valik]

Do any of you know what sort of conventions or rules govern updating the EULA for a past distribution of software? For example, what if the past version was too restrictive and a new EULA was written to make things less restrictive, how could the new EULA be applied to the old version?

I'm interested in serious responses only. If you have an answer, have a link to your source. And it better be more than just random guy's blog, too. I'm looking for authoritative responses on the issue from well reputed individuals/bodies. I don't want opinion or conjecture.

[wraithdu]

Here's an example from Skype's EULA about changing license terms -

5.4 New Versions: Skype reserves the right to change this Agreement at any time by publishing the revised Agreement on the Skype Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the Skype Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at www.skype.com/legal/eula . Skype reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the Skype Website (unless You expressly accept the revised terms earlier by clicking on the accept button if this option is made available), or within the timeframe set out in the applicable terms if different.

Does your EULA in question have a similar clause?

[Valik]

If it did, I would know how to do it and wouldn't be asking.

[Nutster]

Do any of you know what sort of conventions or rules govern updating the EULA for a past distribution of software? For example, what if the past version was too restrictive and a new EULA was written to make things less restrictive, how could the new EULA be applied to the old version?

I'm interested in serious responses only. If you have an answer, have a link to your source. And it better be more than just random guy's blog, too. I'm looking for authoritative responses on the issue from well reputed individuals/bodies. I don't want opinion or conjecture.

Is this for software you are writing and distributing? What EULA ideas do you want to modify/add/drop?

You could revise the EULA text and then distribute an update with the new EULA version to the known user base, or to the download site(s), pointing what has changed in the EULA during the installation. Generally, once the EULA has been accepted, it is considered in-force until the software is removed or the agreement is updated and accepted, as your intention appears to be.

Refer to:

Section 6.2 of VMWare's EULA

Edit: Added references

Edited July 10, 2008 by Nutster