The Non-Standard EULA is utilized when standard software licensing agreements don't adequately address specific business needs or unique software features. This document is particularly relevant in the United States where software licensing is governed by federal laws such as the DMCA and state-specific regulations. It typically includes customized provisions for usage rights, restrictions, warranties, and liability limitations that differ from standard boilerplate EULAs. This agreement is essential when software providers need to implement specific terms for specialized applications, enterprise solutions, or unique deployment scenarios.
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1. Parties: Identifies the licensor and licensee with full legal names and addresses
2. Background: Explains the context and purpose of the license agreement
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope and nature of the license being granted
5. Use Restrictions: Details prohibited uses and limitations of the software
6. Intellectual Property Rights: Establishes ownership of IP and related rights
7. Term and Termination: Defines duration and termination conditions
8. Warranties and Disclaimers: Sets out warranties provided and disclaimers of liability
9. Limitation of Liability: Limits the liability of the licensor
10. Governing Law: Specifies applicable law and jurisdiction
1. Support and Maintenance: Details of technical support and updates if provided - include when ongoing support or updates are offered
2. Data Privacy: Data collection and processing terms - include when personal data is collected or processed
3. Export Controls: Export compliance requirements - include when software may be subject to export regulations
4. Audit Rights: Rights to audit licensee's use of software - include for enterprise software licenses
5. Source Code Escrow: Terms for source code escrow arrangements - include for mission-critical software
1. Schedule A - Technical Requirements: Minimum system requirements and technical specifications
2. Schedule B - Service Level Agreement: Performance metrics and service standards if applicable
3. Schedule C - Privacy Policy: Detailed privacy practices and data handling procedures
4. Schedule D - Support Services: Detailed description of support services and response times
5. Schedule E - Fee Schedule: Pricing and payment terms for license and services
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