This Freeware EULA template is designed for software providers distributing free software products in Hong Kong and internationally. It should be used when releasing software without charge to end users while maintaining control over usage rights and protecting intellectual property. The document incorporates key elements required under Hong Kong law, including compliance with the Personal Data (Privacy) Ordinance, Electronic Transactions Ordinance, and relevant consumer protection legislation. The agreement covers essential aspects such as license grants, usage restrictions, warranty disclaimers, and liability limitations, structured specifically for freeware distribution. It's particularly important for organizations looking to distribute free software while maintaining legal protection and establishing clear terms of use.
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1. Parties: Identifies the licensor (software provider) and licensee (end user)
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Defines key terms used throughout the EULA
4. Grant of License: Specifies the terms of the free license and permitted uses
5. Restrictions: Details prohibited activities and usage limitations
6. Intellectual Property Rights: Affirms ownership and IP rights in the software
7. Disclaimers: Warranty disclaimers and 'as-is' provisions
8. Limitation of Liability: Limits licensor's liability within Hong Kong law
9. Termination: Conditions for license termination and consequences
10. Governing Law and Jurisdiction: Specifies Hong Kong law and jurisdiction
1. Data Collection and Privacy: Required if the software collects any user data or requires privacy policy compliance
2. Third-Party Software: Include if the software incorporates third-party components or libraries
3. Internet-Based Services: Needed if software requires internet connectivity or online services
4. Export Restrictions: Include if there are geographic or export control restrictions
5. Updates and Maintenance: Include if the software provides updates or requires maintenance
6. User Content: Required if users can create, upload, or share content through the software
7. Support Services: Include if offering any technical support, even if limited
1. Schedule 1 - Technical Requirements: Minimum system requirements and technical specifications
2. Schedule 2 - Third-Party Attributions: List of third-party software components and their licenses
3. Schedule 3 - Data Processing Terms: Detailed terms regarding data collection and processing if applicable
4. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
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