Unlike THE EULAs, free software licenses do not function as contractual extensions of existing legislation. No agreement is ever reached between the parties, because a copyright license is merely a declaration of authorization for what would otherwise not be permitted by default under copyright.  End-user licensing agreements are generally lengthy and written in very specific legal language, making it more difficult for the average user to give informed consent.  When the company designs the end-user licensing agreement in such a way as to deliberately deter users from reading it and is difficult to understand, many users may not give their informed consent. Some end-user licensing agreements accompany shrunken software, which is sometimes presented to a user on paper or, in general, electronically during the installation process. The user has the choice to accept or refuse the agreement. The installation of the software depends on the user clicking a button called „accept.“ See below. The 7th. And the 8th circuit subscribe to the argument „licensed and not sold“, when most other circuits are not necessary. In addition, the applicability of contracts depends on the adoption by the state of the laws of uniformity of transactions on computer information (UCITA) or the anti-UCITA (U-BombATION Shelter) Act. In the anti-UCITA states, the Single Code of Commerce (UCC) has been amended to explicitly define the software as a good (which places it in the UCC), i.e. to prohibit contracts that stipulate that the terms of the contract are governed by the laws of a state that existed in DIE UCITA.
Many form contracts are only included in digital form and are presented to a user only as a click-through that the user must „accept.“ Since the user may only see the agreement after the purchase of the software, these documents may be liability contracts. In a recent article by Kevin Litman-Navarro for the New York Times, entitled We Read 150 Privacy Policies. They were an incomprehensible disaster the complexity of 150 terms of popular pages like Facebook, Airbnb, etc. were analyzed and understood. For example, most licenses require university degrees or higher degrees: „To succeed at university, people must understand texts with a score of 1300. People in trades, such as doctors and lawyers, should be able to understand materials with grades of 1440, while 3rd graders should understand texts that score more than 1050 points to be on track for a university or career until graduation. Many privacy policies exceed these standards.  Jerry Pournelle wrote in 1983: „I have seen no evidence that… Levian agreements – full of „You must not“ have any impact on piracy. He gave an example of a CLA that was impossible for a user to stick to, and he said, „Come on, guys. No one expects these agreements to be respected. Pournelle noted that, in practice, many companies were more generous to their customers than their U.S.
required: „So why do they insist that their customers sign „agreements“ that the customer refuses to keep and that the company knows they are not respected? … Should we continue to make hypocrites for both publishers and customers?  An end-user license agreement (EULA, /-ju-l/) is a legal contract between a software developer or provider and the software user, often acquired through an intermediary such as a distributor. A Board defines in detail the rights and restrictions applicable to the use of the software.  Most software licenses sold in retail refuse any guarantee of software performance (as far as local laws permit) and limit liability in case of damage to the purchase price of the software. One known case that confirmed such a disclaimer is Mortenson v. Timberline. Whether Shrink-Wrap licences are legally binding differs between legal systems, although the majority of jurisdictions have these licences to be enforceable.