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Video Game EULA for the United States

Video Game EULA Template for United States

A Video Game EULA is a legally binding agreement between the game publisher/developer and the end user, governed by United States law. This document outlines the terms and conditions for using the software, including license grants, usage restrictions, intellectual property rights, privacy policies, and user obligations. It provides legal protection for the publisher while establishing clear guidelines for users, incorporating requirements from various U.S. federal and state laws including DMCA, COPPA, and state-specific privacy regulations.

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What is a Video Game EULA?

The Video Game EULA serves as the primary legal framework governing the relationship between game publishers and users in the United States. This document is essential when releasing any video game to the public, whether through digital distribution platforms or physical media. It addresses crucial aspects such as licensing terms, user rights and restrictions, privacy considerations, and intellectual property protection. The agreement must comply with various U.S. federal regulations including the Digital Millennium Copyright Act, Children's Online Privacy Protection Act, and state-specific privacy laws, while also considering platform-specific requirements from major distribution services.

What sections should be included in a Video Game EULA?

1. Parties: Identifies the software publisher/licensor and the end user/licensee

2. Background: Brief context about the software and purpose of the agreement

3. Definitions: Key terms used throughout the EULA

4. License Grant: Scope and nature of the software license being granted

5. License Restrictions: Specific prohibited actions and usage limitations

6. Intellectual Property Rights: Statement of ownership and IP protection

7. User Obligations: User responsibilities and acceptable use terms

8. Privacy and Data Collection: How user data is collected, used, and protected

9. Termination: Conditions for agreement termination and consequences

10. Disclaimers: Warranty disclaimers and liability limitations

What sections are optional to include in a Video Game EULA?

1. Virtual Currency: Terms for in-game purchases and virtual items - include when game includes microtransactions or virtual currency

2. User Generated Content: Rules for content created by users - include when game allows user content creation

3. Beta Testing: Terms specific to beta testing - include for pre-release versions

4. Multiplayer Services: Terms for online gameplay - include for games with multiplayer features

5. Mod Support: Terms for modification of game - include when game supports modding

What schedules should be included in a Video Game EULA?

1. Privacy Policy: Detailed privacy and data handling practices

2. Acceptable Use Policy: Detailed rules for game usage and behavior

3. Technical Requirements: Minimum system specifications and requirements

4. Third-Party Licenses: List of third-party software and respective licenses

5. Regional Requirements: Territory-specific terms and conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

User Agreement

Cost

Free to use
Clauses


































Industries

Digital Millennium Copyright Act (DMCA): Federal law that criminalizes production and dissemination of technology, devices, or services intended to circumvent digital copyright protection measures

Computer Fraud and Abuse Act (CFAA): Federal legislation addressing computer-related fraud and unauthorized access to protected computers and networks

Children's Online Privacy Protection Act (COPPA): Federal law imposing requirements on operators of websites or online services directed to children under 13 years of age

Federal Trade Commission Act: Prohibits unfair or deceptive practices in commerce, including false advertising and anti-competitive business practices

Electronic Communications Privacy Act (ECPA): Extends government restrictions on wire taps to include electronic data transmission and protects privacy of electronic communications

Copyright Act: Protects original works of authorship including video game content, code, artwork, and music

Trademark Act (Lanham Act): Protects brands, logos, and other distinctive marks used in video games and related merchandise

State Privacy Laws: Various state-specific privacy regulations, such as CCPA in California, requiring specific data protection and disclosure measures

Uniform Commercial Code (UCC): Governs commercial transactions, including software licensing and digital goods sales

E-SIGN Act: Ensures the legal validity of electronic signatures and records in commercial transactions

Federal Arbitration Act: Governs arbitration procedures and enforceability of arbitration agreements in contracts

Money Transmitter Laws: Regulations governing virtual currency transactions and in-game monetary systems

State Gambling Laws: Regulations affecting game mechanics involving chance and prizes, particularly relevant for loot boxes and similar features

Magnuson-Moss Warranty Act: Federal law governing consumer product warranties, including software and digital products

Data Breach Notification Laws: State-specific requirements for notifying users in the event of a data security breach

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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