Asked in Business Law and Contracts for Florida

Q: May I use the fictitious name as heading in an End User License Agreement?

We are a small software company in Florida. We are planning to use the fictitious name as heading in the End User License Agreement (EULA) instead of the legal company name, but the legal company name is mentioned in the body of the agreement, for example, "Company A doing business as XYZ herein referred to as XYZ" and the heading of the EULA is "XYZ End User License Agreement"?

Is the agreement/EULA legally binding?

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2 Lawyer Answers
Keith Kanouse
Keith Kanouse
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Yes if you comply with the requirements of Section 865.09 of the Florida Statutes first.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Free practical advice offered for the last 42 years to people starting or operating small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses understand that retaining a competent experienced business lawyer and paying modest legal fees to advise them--from day one—may end up saving them thousands of dollars later when they must fix unnecessary disasters that could have been avoided. Hiring a good business lawyer and then calling upon them to help you avoid the many minefields beats asking for free business advice on Justia. Try it and see.

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