| License | Contract |
|---|---|
| NO bargain for exchange. | Cannot Revoke other party's right. |
| There are stated requirements. | Else, breach of contract and pay damages. |
| Comply | Not Comply |
|---|---|
| authority to undertake specified action under the license. | authority is not granted or revoked. |
| if revoked its often without recourse (no remedy to reinstate license). |
Note, this is NOT the same as saying that the software license is a contract.
So,
Can the software license be a contract?
Yes (not because you paid for software) but because of the Terms & Conditions incident to the software.
The End-user License Agreement (EULA) is license plus agreement. Some open-source softwares are also deemed contract.