Ask PLC Home

Practical Law may have moderated questions and answers before publication. No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. Where appropriate, you should consult your own lawyer for legal advice. Practical Law's employees are not practising solicitors or barristers. The Ask scope and rules apply.

How can a contractual offer be accepted? How can additional terms be incorporated into a contract?

An end user license agreement (EULA) for a certain software program states that "by using this software, you agree to be bound by the terms and conditions of this Agreement." The agreement is provided in paper form (not a pop-up that opens when installing the software), and no signing is required. (1) Is this EULA binding by itself? (2) What if there is a separate agreement (e.g., a sales agreement) that refers to the EULA and states that the "customer agrees to be bound by the terms and conditions of the EULA?"
Anonymous (In-house)

Request a free trial

To access this resource and thousands more, register for a free, no-obligation trial of Practical Law. Register using the button below, telephone +44 (0)20 7202 1220 or e-mail

A free trial will give you:

Unlimited access to Practical Law online know-how
Thousands of market standard documents and clauses
Daily alerts and weekly update e-mails on key legal developments in your practice area


Log in

To access this resource, log in below or register for free access.

Contact us

Our customer services team are available every working day 8.30am to 7pm (GMT).

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1248455087793", "objName" : "How can a contractual offer be accepted How can additional term", "userID" : "2", "objUrl" : "", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "false", "analyticsPermCookie" : "2-62dceab2:15aff4982df:-76de", "analyticsSessionCookie" : "2-62dceab2:15aff4982df:-76dd", "statisticSensorPath" : "" }