This Basic EULA template is designed for software providers operating under Australian jurisdiction who need to establish clear terms of use for their software products. The document incorporates essential elements required by Australian consumer protection laws, privacy regulations, and contract law principles. It is particularly suitable for software companies, digital service providers, and technology businesses that need a straightforward yet comprehensive license agreement for their standard software products. The Basic EULA covers fundamental aspects such as license scope, usage terms, warranties, and liability limitations, while ensuring compliance with Australian legal requirements. This template is structured to be adaptable for various software types while maintaining core protections for both the software provider and end users.
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1. Parties: Identifies the software provider/licensor and defines who can be an end-user/licensee
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement including 'Software', 'License', 'Intellectual Property Rights', etc.
4. License Grant: Specifies the type of license granted and its basic terms
5. License Restrictions: Lists prohibited activities and usage limitations
6. Intellectual Property Rights: Confirms ownership of the software and related IP
7. Terms of Use: Outlines acceptable use conditions and user obligations
8. Disclaimer of Warranties: Specifies what warranties are given or disclaimed
9. Limitation of Liability: Limits the provider's liability within legal bounds
10. Term and Termination: Details agreement duration and termination conditions
11. Governing Law: Specifies Australian law as governing law and jurisdiction
1. Commercial Use Terms: Additional terms for business/commercial users - include if software can be used commercially
2. Data Collection and Privacy: Details on data collection practices - include if software collects user data
3. Third-Party Components: Information about third-party software components - include if software incorporates third-party elements
4. Export Controls: Export restriction terms - include if software has international distribution
5. Support and Updates: Terms for technical support and software updates - include if these services are offered
6. User Content: Terms regarding user-generated content - include if software allows user content creation
1. Schedule 1 - Technical Requirements: Minimum system requirements and technical specifications
2. Schedule 2 - Licensed Features: Detailed list of software features covered by the license
3. Schedule 3 - Support Terms: Detailed support terms and service levels if support is offered
4. Appendix A - Privacy Policy: Detailed privacy policy if software collects user data
5. Appendix B - Acceptable Use Policy: Detailed acceptable use guidelines and restrictions
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