Is a EULA required for each software update?
<p>When installing our software, end users must agree to a EULA before installation.</p>
<p>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?</p>

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<p>Is a EULA required for each software update?</p>
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<p>Although there <em>might</em> 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 <em>knowingly</em> 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?</p>
<p>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.</p>
<p>Especially where an update is to be construed as continuation of a service/product that had been agreed upon, an allegation akin to &quot;<em>the update in and of itself changes the parties' rights and duties</em>&quot; 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.</p>

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