An end-user license agreement (EULA) is the box that pops up on your screen during an installation with legal language and a button or checkbox that says, I Accept, or I Agree. The "I" in the agreement is supposed to be the person to whom the software is licensed. Most of the time that will be the end user, so legally they are the person who needs to click the button.
The issue occurs when the boxes appear unexpectedly. They can appear when you run the installation, the first time you run an application, or when you are filing a ticket on the vendor’s website. Often, we deploy devices and software when the end user is not present.
If we were performing a support task and encountered a EULA and did not have the authorization to accept the terms, we would legally have to stop working on the ticket and wait until the end user was available to click the button. This can be especially problematic if the box appears on the tech’s screen and not the end user’s workstation.
We have found that it is confusing for clients to have the work halt because we require them to click these buttons. As a result, we ask for consent to accept the EULAs on behalf of the user.
This provision is constructed to be as narrow as possible. It only applies to EULAs and not to other agreements such as software license purchase agreements. We are not able to upgrade your software without your consent and involvement. Techs will only accept EULAs if they come up during the work they were asked to perform, they do not search for them.
If your MSP does not include in its contract a release clause allowing them to agree to EULAs on your behalf, consider asking them to clarify their policy.
