This Standard End User License Agreement (EULA) is designed for software providers operating under Austrian jurisdiction who need to establish legally binding terms for the use of their software products. The document is particularly relevant for companies distributing software to both consumer and business users in Austria and the European Union. It incorporates mandatory provisions from Austrian consumer protection laws, data protection regulations (GDPR), and relevant EU directives. The EULA should be used when releasing new software products, updating existing license terms, or entering the Austrian/EU market. It includes comprehensive sections on license grants, usage restrictions, warranties, and liability limitations, all tailored to comply with Austrian legal requirements while protecting the software provider's intellectual property rights.
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1. Parties: Identification of the licensor and specification of eligible end users
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, including usage rights and restrictions
5. Intellectual Property Rights: Assertion of ownership and IP rights protection
6. Usage Restrictions: Specific prohibitions and limitations on software use
7. User Obligations: End user responsibilities and compliance requirements
8. Data Protection: GDPR compliance and data processing terms
9. Warranty and Disclaimer: Warranty terms and limitations in compliance with Austrian consumer law
10. Limitation of Liability: Liability restrictions within bounds of Austrian law
11. Term and Termination: Duration, termination grounds, and post-termination obligations
12. Governing Law and Jurisdiction: Austrian law governance and dispute resolution provisions
1. Technical Requirements: Include when specific hardware or software requirements exist for the software to function
2. Support Services: Include when technical support or maintenance services are offered
3. Updates and Upgrades: Include when describing policy on software updates and version upgrades
4. Third-Party Components: Include when the software incorporates third-party libraries or components
5. Export Controls: Include for software with international distribution
6. Beta Testing: Include for pre-release or beta version software
7. Academic Use: Include for software with special academic or educational licensing terms
8. High-Risk Activities: Include when software is not intended for high-risk or mission-critical use
1. Schedule 1 - Software Description: Detailed description of the licensed software and its components
2. Schedule 2 - Technical Specifications: Technical requirements and compatibility specifications
3. Schedule 3 - Support Services: Details of support services, if offered
4. Schedule 4 - Fee Schedule: Pricing and payment terms if not freeware
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is processed
6. Schedule 6 - Third-Party Licenses: List of third-party software licenses and attributions
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
E-commerce
Financial Services
Healthcare
Education
Manufacturing
Professional Services
Telecommunications
Media and Entertainment
Retail
Gaming and Interactive Entertainment
Relevant Teams
Legal
Software Development
Product Management
Compliance
Information Technology
Sales
Customer Success
Risk Management
Technical Documentation
Business Development
Relevant Roles
Legal Counsel
Software Development Manager
Product Manager
Compliance Officer
IT Director
Chief Technology Officer
Chief Legal Officer
Software Licensing Manager
Data Protection Officer
Contract Manager
Business Development Manager
Sales Director
Customer Success Manager
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