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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."
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
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
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
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