This Freeware EULA is designed for software providers offering their products free of charge in the Indian market. The agreement is essential for protecting intellectual property rights while allowing free distribution of software. It should be used when releasing any software without charge to end users, whether for personal or commercial use. The document includes specific provisions required under Indian law, including compliance with the Information Technology Act, 2000, data protection regulations, and consumer protection requirements. This Freeware EULA covers key aspects such as license grants, usage restrictions, warranty disclaimers, and liability limitations, while ensuring compliance with Indian legal requirements for digital contracts and software distribution.
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1. Parties: Identifies the software provider/licensor and the end user/licensee
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Defines key terms used throughout the EULA including 'Software', 'License', 'User', etc.
4. Grant of License: Specifies the type of license granted, its scope, and any general restrictions
5. Intellectual Property Rights: Establishes ownership of the software and related intellectual property
6. Acceptable Use: Details permitted and prohibited uses of the software
7. Disclaimer of Warranties: Specifies that the software is provided 'as-is' without warranties
8. Limitation of Liability: Limits the licensor's liability for damages arising from software use
9. Term and Termination: Specifies duration of the agreement and conditions for termination
10. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes
1. Data Collection and Privacy: Required if the software collects any user data, describing data collection practices and compliance with Indian privacy laws
2. Third-Party Software: Include if the software incorporates third-party components or libraries
3. Export Controls: Include if the software may be subject to export restrictions
4. Updates and Maintenance: Include if the software provides updates or maintenance services
5. User Content: Include if users can create or upload content through the software
6. Technical Support: Include if any technical support is offered, even if limited
7. Indemnification: Optional section for user indemnification obligations
1. Schedule A - Software Description: Detailed description of the software, its features, and system requirements
2. Schedule B - Third-Party Licenses: List of third-party software components and their respective licenses, if applicable
3. Schedule C - Privacy Policy: Detailed privacy policy if the software collects user data
4. Appendix 1 - Installation Guide: Basic instructions for software installation and initial setup
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