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Simple EULA for Australia

Simple EULA Template for Australia

An End User License Agreement (EULA) compliant with Australian law that establishes the terms and conditions under which end users may use the software. The agreement covers essential aspects such as license grant, usage restrictions, intellectual property rights, privacy considerations, and liability limitations while ensuring compliance with Australian Consumer Law and Privacy Act requirements. This document serves as a legally binding contract between the software provider and end users, protecting the provider's intellectual property while clearly communicating user rights and obligations.

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What is a Simple EULA?

This Simple 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 is particularly suitable for commercial software applications, mobile apps, or digital platforms that require standard end-user licensing. It incorporates essential provisions to comply with Australian Consumer Law, Privacy Act 1988, and other relevant legislation while protecting the software provider's intellectual property rights. The Simple EULA format ensures accessibility for end users while maintaining necessary legal protections and should be implemented before any software release or distribution to end users.

What sections should be included in a Simple EULA?

1. Parties: Identifies the licensor (software provider) and licensee (end user)

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'

4. License Grant: Specifies the type and scope of license being granted to use the software

5. License Restrictions: Details what the user cannot do with the software

6. Intellectual Property Rights: Confirms ownership of the software and related IP rights

7. Privacy and Data Collection: Explains how user data is collected and used, ensuring compliance with Privacy Act

8. Disclaimer and Limitation of Liability: Limits liability while ensuring compliance with Australian Consumer Law mandatory guarantees

9. Term and Termination: Specifies duration of license and circumstances for termination

10. Governing Law: Specifies Australian law as governing law and jurisdiction

What sections are optional to include in a Simple EULA?

1. Third-Party Software: Include when the software incorporates third-party components or libraries

2. Export Controls: Include if the software may be subject to international export regulations

3. Updates and Maintenance: Include if the software provides updates or requires maintenance

4. User Generated Content: Include if users can create or upload their own content

5. Payment Terms: Include if the license requires payment or has a subscription model

6. Support Services: Include if technical support or customer service is provided

7. Geographic Restrictions: Include if the license is restricted to specific regions or territories

What schedules should be included in a Simple EULA?

1. Schedule 1 - Software Description: Detailed description of the software, including version number and key features

2. Schedule 2 - System Requirements: Technical requirements for running the software

3. Schedule 3 - Privacy Policy: Detailed privacy policy if too lengthy to include in main agreement

4. Schedule 4 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Sector

Cost

Free to use

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