Asked in Copyright

Q: Is the author of a software's trading name alone, sufficiently binding on an EULA if it's a sole proprietorship?

On a Software License Agreement, EULA and/or any other such agreement: When the author is referring to itself for the purpose of identifying it as the licensor, or for any other reason required by the terms of the agreement, if the author is a sole proprietor, is the authors chosen trading name sufficient enough or do the author have to provide their full name on such an agreement in order for the agreement to be legally binding and all rights and terms to be associated with the author/sole proprietorship?

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1 Lawyer Answer
Steve Charles Vondran
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Answered
  • Intellectual Property Lawyer
  • San Francisco, CA

A: This is general legal information only and not legal advice. For me, if I was operating a software company, I would form a legal entity. It's not too expensive, and it looks a little more legitimate (I would think) to the average customer. Then, I would create the EULA using the name of my company so that the end users are agreeing to certain terms with my company. I think that is what you see most big software companies do, for example Microsoft, Adobe, Autodesk, Siemens, etc. Good luck! Attorney Steve®

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