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Non Standard EULA Template for Australia

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Key Requirements PROMPT example:

Non Standard EULA

"I need a Non-Standard EULA for my enterprise-level AI analytics software that will be launched in March 2025, with specific provisions for data processing in Australia and integration with third-party cloud services."

Document background
This Non-Standard EULA is designed for software providers requiring a more sophisticated licensing agreement than typical standardized templates can offer. It is particularly suitable for complex software products, enterprise-level applications, or situations requiring specialized terms and conditions in the Australian market. The document addresses specific requirements under Australian law, including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant digital commerce regulations. It includes customizable sections for unique product features, service levels, and data handling requirements, while maintaining mandatory consumer protections required by Australian legislation. This Non-Standard EULA is essential when standard templates cannot adequately address the complexity of the software offering, multiple user types, or specific technical requirements.
Suggested Sections

1. Parties: Identification of the software provider/licensor and the end user/licensee

2. Background: Context of the agreement, nature of the software, and purpose of the license

3. Definitions: Detailed definitions of terms 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: Ownership of IP, protection of rights, and user obligations

7. Payment Terms: License fees, payment schedule, and related financial terms

8. User Obligations: Requirements and responsibilities of the end user

9. Data Protection and Privacy: Handling of user data and privacy compliance requirements

10. Warranties and Disclaimers: Standard warranties and Australian Consumer Law mandatory guarantees

11. Limitation of Liability: Extent and limitations of liability under Australian law

12. Term and Termination: Duration of license, renewal terms, and termination conditions

13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Third-Party Software: Include when the software incorporates third-party components, describing additional terms and licenses

2. Service Level Agreement: Include for software with ongoing service components or cloud-based features

3. Support and Maintenance: Include when technical support and maintenance services are offered

4. Export Controls: Include when software may be subject to international distribution

5. Usage Analytics: Include when software collects usage data or analytics

6. API Terms: Include when software provides API access

7. Free Trial Terms: Include when offering trial period functionality

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software

2. Schedule 2 - License Fees: Detailed fee structure, payment terms, and pricing tiers

3. Schedule 3 - Service Level Terms: Specific service levels, metrics, and response times if applicable

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

5. Appendix B - Data Processing Terms: Specific terms relating to data processing and privacy compliance

6. Appendix C - Technical Requirements: Minimum system requirements and technical specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Technology & Software

Digital Services

E-commerce

Financial Services

Healthcare Technology

Educational Technology

Gaming & Entertainment

Enterprise Software

Mobile Applications

Cloud Services

IoT & Connected Devices

Professional Services

Telecommunications

Relevant Teams

Legal

Product Development

Information Technology

Compliance

Sales

Business Development

Risk Management

Operations

Customer Success

Technical Support

Information Security

Privacy

Relevant Roles

Legal Counsel

Software Development Manager

Product Manager

Chief Technology Officer

Compliance Officer

Commercial Director

IT Director

Chief Information Officer

Business Development Manager

Contract Manager

Privacy Officer

Software Architect

Sales Director

Operations Manager

Risk Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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