The Simple EULA is essential for any organization providing software products in South Africa. This document is designed to comply with South African legislation, including the Electronic Communications and Transactions Act 25 of 2002, Consumer Protection Act 68 of 2008, and Protection of Personal Information Act 4 of 2013. The Simple EULA establishes the legal framework for software licensing, protecting the intellectual property rights of the provider while ensuring fair terms for end users. It is particularly important for software deployments in South Africa where consumer protection laws require clear, understandable terms and transparent disclosure of all relevant information. The agreement covers essential aspects such as license scope, usage restrictions, warranties, and liability limitations, while maintaining compliance with local data protection requirements.
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1. Parties: Identification of the licensor (software provider) and licensee (end user)
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Software', 'License', 'Intellectual Property Rights'
4. License Grant: Scope and nature of the license being granted to use the software
5. License Restrictions: Specific limitations on use, copying, modification, and distribution of the software
6. Intellectual Property Rights: Statement of ownership and protection of IP rights in the software
7. Term and Termination: Duration of the license and circumstances for termination
8. Privacy and Data Protection: POPIA compliance provisions regarding data collection and processing
9. Disclaimer of Warranties: Limited warranties and disclaimers compliant with SA consumer protection laws
10. Limitation of Liability: Limits on liability within bounds of SA law
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third-Party Software: Section required when the software includes third-party components or dependencies
2. Export Controls: Include when software is subject to international distribution restrictions
3. Support and Maintenance: Include when offering ongoing support services with the software
4. Usage Data Collection: Required when the software collects usage analytics or telemetry data
5. Update and Upgrade Terms: Include when offering software updates or upgrade paths
6. Geographic Restrictions: Include when software use is restricted to specific territories
1. Schedule A - Software Description: Detailed description of the licensed software and its components
2. Schedule B - License Fees: Details of any applicable license fees and payment terms, if not free software
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications
4. Appendix 1 - Privacy Policy: Detailed privacy policy compliant with POPIA requirements
5. Appendix 2 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
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