This Non-Standard EULA is designed for software providers requiring a more sophisticated licensing agreement than typical standardized templates can offer. It is particularly suitable for complex software products, enterprise-level applications, or situations requiring specialized terms and conditions in the Australian market. The document addresses specific requirements under Australian law, including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant digital commerce regulations. It includes customizable sections for unique product features, service levels, and data handling requirements, while maintaining mandatory consumer protections required by Australian legislation. This Non-Standard EULA is essential when standard templates cannot adequately address the complexity of the software offering, multiple user types, or specific technical requirements.
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1. Parties: Identification of the software provider/licensor and the end user/licensee
2. Background: Context of the agreement, nature of the software, and purpose of the license
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Grant of License: Scope of the license, permitted uses, and any territorial restrictions
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Ownership of IP, protection of rights, and user obligations
7. Payment Terms: License fees, payment schedule, and related financial terms
8. User Obligations: Requirements and responsibilities of the end user
9. Data Protection and Privacy: Handling of user data and privacy compliance requirements
10. Warranties and Disclaimers: Standard warranties and Australian Consumer Law mandatory guarantees
11. Limitation of Liability: Extent and limitations of liability under Australian law
12. Term and Termination: Duration of license, renewal terms, and termination conditions
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Third-Party Software: Include when the software incorporates third-party components, describing additional terms and licenses
2. Service Level Agreement: Include for software with ongoing service components or cloud-based features
3. Support and Maintenance: Include when technical support and maintenance services are offered
4. Export Controls: Include when software may be subject to international distribution
5. Usage Analytics: Include when software collects usage data or analytics
6. API Terms: Include when software provides API access
7. Free Trial Terms: Include when offering trial period functionality
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed fee structure, payment terms, and pricing tiers
3. Schedule 3 - Service Level Terms: Specific service levels, metrics, and response times if applicable
4. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
5. Appendix B - Data Processing Terms: Specific terms relating to data processing and privacy compliance
6. Appendix C - Technical Requirements: Minimum system requirements and technical specifications
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