This Non-Standard EULA is designed for situations where a standard end-user license agreement would be insufficient to address complex software licensing requirements under Austrian jurisdiction. It is particularly suited for enterprise software deployments, customized software solutions, or specialized applications that require detailed terms beyond typical consumer software licensing. The document incorporates comprehensive provisions to ensure compliance with Austrian and EU regulations, including the Austrian Civil Code (ABGB), Consumer Protection Act (KSchG), and GDPR. This Non-Standard EULA includes specific clauses for custom implementation requirements, detailed usage rights, service level commitments, and data protection measures, making it suitable for business-critical applications or situations requiring heightened legal protection for both the licensor and licensee.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Specific terms of the license, including scope, restrictions, and permitted uses
5. License Restrictions: Clear outline of prohibited activities and usage limitations
6. Intellectual Property Rights: Declaration of ownership and IP rights protection
7. Payment Terms: License fees, payment schedule, and related financial terms
8. User Obligations: Responsibilities and requirements for the end user
9. Data Protection and Privacy: GDPR compliance measures and data handling procedures
10. Warranties and Disclaimers: Software warranties and limitations aligned with Austrian law
11. Limitation of Liability: Scope of liability limitations in compliance with Austrian consumer protection laws
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability and entire agreement
1. Third-Party Software Components: Details of third-party software components and associated licenses, include when the software incorporates third-party elements
2. Service Level Agreement: Performance metrics and service levels, include for software with online components or cloud services
3. Professional Services: Terms for additional services like implementation or training, include when professional services are part of the offering
4. Source Code Escrow: Terms for source code escrow arrangements, include for business-critical software
5. Export Control: Export regulation compliance terms, include when software may be subject to export restrictions
6. Audit Rights: Terms allowing licensor to audit compliance, include for enterprise software
7. Custom Development: Terms for customization or modification rights, include when software customization is permitted
8. High-Risk Use Restrictions: Specific restrictions for high-risk applications, include when software could be used in critical systems
1. Schedule 1 - Software Description: Detailed technical specifications and functionality description
2. Schedule 2 - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Support and Maintenance Terms: Details of support services and maintenance provisions
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and conditions
6. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
7. Appendix B - Security Requirements: Security standards and requirements for software usage
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