The Non-Standard EULA is designed for situations where a standard end-user license agreement would be insufficient to address complex or specialized software licensing requirements under Dutch law. This document is typically used when software providers need to establish detailed, customized licensing terms for their products, particularly in cases involving enterprise-level implementations, specialized industry requirements, or complex integration scenarios. The agreement incorporates essential elements of Dutch contract law and EU regulations, including GDPR compliance, while providing flexibility to address specific use cases. It's particularly relevant for software deployments that involve customization, integration with existing systems, or industry-specific compliance requirements. The Non-Standard EULA includes comprehensive provisions for intellectual property protection, liability allocation, support services, and data processing, making it suitable for high-value or business-critical software implementations.
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Key Requirements PROMPT example:
Non Standard EULA
"I need a Non-Standard EULA for our healthcare data analytics software that will be licensed to Dutch hospitals from March 2025, including specific provisions for GDPR compliance, medical data handling, and integration with hospital information systems."
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1. Parties: Identification of the licensor (software provider) and licensee (end user), including full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement
4. License Grant: Scope of the license, including usage rights, restrictions, and territory limitations
5. License Fees and Payment: Payment terms, fee structure, and payment methods
6. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
7. User Obligations: Responsibilities and restrictions on the user's use of the software
8. Intellectual Property Rights: Statement of ownership, protection of IP rights, and handling of derivatives
9. Warranties and Disclaimers: Specific warranties provided and limitations of liability
10. Support and Maintenance: Terms for technical support, updates, and maintenance services
11. Data Protection and Privacy: GDPR compliance measures and data handling procedures
12. Confidentiality: Protection of confidential information and trade secrets
13. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction for disputes
14. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Third-Party Software Components: Include when the software incorporates third-party components or open-source software
2. Export Controls: Include when software may be subject to international export regulations
3. Service Level Agreement: Include for software requiring specific performance levels or uptime guarantees
4. Audit Rights: Include when licensor needs rights to audit licensee's use of the software
5. Professional Services: Include when additional implementation or customization services are provided
6. High-Risk Activities: Include when software usage needs to be restricted from critical or high-risk applications
7. Insurance Requirements: Include when specific insurance coverage is required from either party
8. Source Code Escrow: Include when source code needs to be held in escrow for business continuity
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - License Fees: Detailed breakdown of license fees, payment schedules, and pricing tiers
3. Schedule C - Service Level Requirements: Specific performance metrics, response times, and service standards
4. Schedule D - Support Services: Details of support services, including hours, response times, and escalation procedures
5. Schedule E - Data Processing Agreement: GDPR-compliant data processing terms and procedures
6. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
7. Appendix 2 - Technical Requirements: Minimum system requirements and technical specifications for software operation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare Technology
Manufacturing
Telecommunications
E-commerce
Professional Services
Education Technology
Industrial Automation
Cloud Services
Enterprise Software
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Information Security
Compliance
Commercial
Product Management
Risk Management
Business Development
Enterprise Architecture
Relevant Roles
Legal Counsel
Software Licensing Manager
IT Director
Chief Technology Officer
Procurement Manager
Contract Manager
Software Development Manager
Information Security Officer
Data Protection Officer
Commercial Director
Business Development Manager
Product Manager
Compliance Officer
Enterprise Architect
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