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Distributing an app in the Google or Apple app stores? It would be wise to carefully review the distribution agreements that come along with these two stores. Google and Apple both include their default end user licensing agreement (“EULA”) into the application before sending it out to the market. This includes a limitation of liability provision which protects the developer, but it does not appear to include an indemnity provision that operates in favour of the supplier. However, it states that if you have your own EULA, you can replace their default one. Often, after signing their distribution agreements, you have granted the app store a perpetual, royalty-free licence to use your application… so be careful to read the agreement before you sign away your hard work!

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Take away:

  • If you are planning to market an app through Apple or Google, read the licensing agreement to understand your options.

 

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