This End User License Agreement (EULA) is designed for software providers operating under Austrian jurisdiction who need to establish legally binding terms for the licensing of their software products. The document is essential for any software distribution in Austria, whether for commercial or free software, and must comply with both Austrian national law and EU regulations, particularly regarding consumer protection and data privacy (GDPR). The EULA covers crucial aspects such as license scope, usage rights, intellectual property protection, warranty disclaimers, and liability limitations. It's structured to protect the software provider's interests while ensuring fairness and transparency for end users, as required by Austrian consumer protection laws. This template should be customized based on the specific software product, distribution method, and intended user base.
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1. Parties: Identification of the licensor (software provider) and the licensee (end user)
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, including usage rights and restrictions
5. Intellectual Property Rights: Declaration of ownership and IP rights protection
6. Terms of Use: Specific conditions and limitations for using the software
7. User Obligations: End user's responsibilities and prohibited activities
8. Data Protection and Privacy: GDPR compliance and data handling practices
9. Warranty and Disclaimer: Extent of warranty provided and limitations
10. Limitation of Liability: Scope of liability limitations under Austrian law
11. Term and Termination: Duration of agreement and termination conditions
12. Governing Law and Jurisdiction: Specification of Austrian law application and jurisdiction
1. Payment Terms: Required for paid software licenses, detailing fees and payment conditions
2. Technical Support: Include when offering support services with the software
3. Updates and Maintenance: Include when providing software updates or maintenance services
4. Third-Party Components: Required when the software includes third-party libraries or components
5. Export Controls: Include for software subject to export regulations
6. Service Level Agreement: Include for software with guaranteed uptime or performance levels
7. Beta Testing Terms: Include for pre-release or beta software versions
8. Audit Rights: Include when licensor requires right to audit compliance
1. Technical Requirements: Minimum system requirements and technical specifications
2. Privacy Policy: Detailed privacy policy compliant with GDPR requirements
3. Acceptable Use Policy: Detailed guidelines for acceptable use of the software
4. Service Level Details: Specific metrics and standards for software performance
5. Fee Schedule: Detailed pricing structure for paid licenses
6. Third-Party Licenses: List of third-party software licenses and attributions
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