This Non-Standard EULA template is specifically designed for software providers operating under Irish jurisdiction who require more sophisticated licensing terms than those found in standard EULAs. It is particularly suitable for enterprise software solutions, specialized applications, or situations where the standard EULA template doesn't adequately address the complexity of the licensing arrangement. The document incorporates comprehensive provisions for data protection under GDPR, specific usage rights, custom implementation requirements, and detailed service level commitments. This template ensures compliance with Irish contract law and EU regulations while providing flexibility to address unique licensing scenarios, making it ideal for business-to-business software licensing where customized terms are essential.
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1. Parties: Identification of the licensor (software provider) and licensee (end user), including full legal names and addresses
2. Background: Context of the agreement, nature of the software, and purpose of the license
3. Definitions: Detailed definitions of technical terms, software components, and key concepts 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: Assertion of ownership rights and protection of IP
7. Data Protection and Privacy: GDPR compliance measures and data processing terms
8. Payment Terms: License fees, payment schedule, and related financial terms
9. Term and Termination: Duration of the license, renewal terms, and termination conditions
10. Warranties and Disclaimers: Software performance warranties and limitation of warranties
11. Limitation of Liability: Scope of liability limitations and exclusions
12. Governing Law and Jurisdiction: Specification of Irish law and jurisdiction for dispute resolution
1. Professional Services: Include when additional implementation or consulting services are provided
2. Service Level Agreement: Include for software with uptime commitments or performance guarantees
3. Third-Party Software: Include when the software incorporates third-party components
4. Export Controls: Include when software may be subject to international trade restrictions
5. Source Code Escrow: Include when source code escrow arrangements are required
6. Audit Rights: Include when usage monitoring and audit provisions are necessary
7. Insurance Requirements: Include when specific insurance coverage is required
8. Data Migration: Include when data migration services are part of the agreement
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - Service Level Requirements: Performance metrics, response times, and support levels
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and payment terms
4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Schedule 5 - Technical Requirements: Hardware and system requirements for software operation
6. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
7. Appendix B - Support and Maintenance Terms: Detailed support and maintenance procedures
8. Appendix C - Security Requirements: Security standards and protocols to be followed
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