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Non Standard EULA

Non Standard EULA Template for Hong Kong

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Key Requirements PROMPT example:

Non Standard EULA

"I need a Non-Standard EULA for our enterprise AI software platform that will be deployed to Hong Kong financial institutions, with specific provisions for custom modifications, data processing requirements, and integration with client systems."

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Document background
The Non-Standard EULA is specifically designed for software licensing arrangements that require more detailed or customized terms than a standard EULA can provide. This document type is commonly used when deploying enterprise software solutions, custom-developed applications, or specialized software services in Hong Kong. The agreement incorporates specific provisions to comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance, Electronic Transactions Ordinance, and Control of Exemption Clauses Ordinance. It is particularly relevant when the software deployment involves custom modifications, specific usage restrictions, data processing requirements, or enterprise-level service commitments that go beyond standard licensing terms.
Suggested Sections

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. Grant of License: Scope of the license, permitted uses, and any territorial or user number restrictions

5. License Restrictions: Specific prohibited activities, limitations on use, and restrictions on modification or redistribution

6. Intellectual Property Rights: Declaration of ownership rights, protection of IP, and handling of derivative works

7. Payment Terms: License fees, payment schedule, and consequences of non-payment

8. User Data and Privacy: Terms regarding collection, processing, and protection of user data in compliance with Hong Kong's PDPO

9. Warranties and Disclaimers: Software performance warranties and limitations in accordance with Hong Kong law

10. Limitation of Liability: Limits on liability compliant with Hong Kong's Control of Exemption Clauses Ordinance

11. Term and Termination: Duration of the license, renewal terms, and grounds for termination

12. Post-Termination Obligations: Requirements and procedures following agreement termination

13. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Third-Party Software Components: Include when the software incorporates third-party components, detailing their licenses and terms

2. Service Level Agreement: Include for software that includes ongoing services or cloud-based components

3. Security Requirements: Include when software handles sensitive data or requires specific security protocols

4. Audit Rights: Include when usage monitoring or compliance verification is required

5. Professional Services: Include when implementation, training, or support services are provided

6. Export Control: Include when software is subject to international distribution or export restrictions

7. Source Code Escrow: Include when source code escrow arrangements are part of the agreement

8. Data Processing Agreement: Include when software processes personal data as defined under PDPO

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality description

2. Schedule 2 - License Fees: Detailed pricing structure, payment terms, and fee calculations

3. Schedule 3 - Service Levels: Performance metrics, support levels, and response times if applicable

4. Schedule 4 - Security Standards: Required security measures and compliance standards

5. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for software usage

6. Appendix B - Technical Requirements: Minimum system requirements and technical prerequisites

7. Appendix C - Data Processing Terms: Detailed terms for handling personal data in compliance with PDPO

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Tests
Authorized Users
Business Day
Confidential Information
Configuration
Custom Modifications
Data Protection Laws
Documentation
Effective Date
Error
Fees
Force Majeure Event
Hong Kong
Intellectual Property Rights
License Key
Licensed Software
Maintenance Services
Personal Data
PDPO
Professional Services
Security Requirements
Service Levels
Software Updates
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Components
Third Party Licenses
Updates
Upgrades
User Data
User Interface
Use Rights
Virus
Warranty Period
Work Product
Clauses
Grant of License
License Restrictions
Intellectual Property Rights
Software Delivery
Acceptance Testing
Payment Terms
Data Protection
Confidentiality
User Obligations
Technical Requirements
Warranties
Limitation of Liability
Indemnification
Force Majeure
Term and Termination
Service Levels
Support Services
Security Requirements
Audit Rights
Export Control
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Third Party Rights
Severability
Notices
Amendments
Survival
Software Updates
Source Code
Custom Modifications
Implementation Services
Training Services
Data Processing
Backup and Recovery
Usage Monitoring
Performance Standards
Compliance with Laws
Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Education

Telecommunications

Banking

Insurance

Government and Public Sector

Research and Development

Biotechnology

Media and Entertainment

Relevant Teams

Legal

Information Technology

Compliance

Product Development

Information Security

Procurement

Risk Management

Software Development

Contract Administration

Enterprise Architecture

Solutions Engineering

Technical Operations

Data Protection

Relevant Roles

Chief Technology Officer

Legal Counsel

Compliance Officer

IT Director

Software Development Manager

Product Manager

Information Security Officer

Data Protection Officer

Procurement Manager

Contract Manager

Enterprise Architect

Solutions Architect

Technical Director

Licensing Manager

Risk Manager

Industries
Electronic Transactions Ordinance (Cap. 553): Establishes the legal framework for electronic contracts and digital signatures in Hong Kong, ensuring EULAs can be legally binding when executed electronically
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, use, and handling of personal data, which must be addressed if the software collects or processes user information
Trade Descriptions Ordinance (Cap. 362): Prohibits false trade descriptions and misrepresentations about goods and services, ensuring EULA terms accurately describe the software and services
Control of Exemption Clauses Ordinance (Cap. 71): Limits the extent to which liability can be excluded or restricted in contracts, affecting warranty disclaimers and limitation of liability clauses
Supply of Services (Implied Terms) Ordinance (Cap. 457): Implies certain terms into contracts for services, including that services will be provided with reasonable care and skill
Copyright Ordinance (Cap. 528): Protects intellectual property rights in software and related materials, essential for defining usage rights and restrictions
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Allows third parties to enforce terms of a contract in certain circumstances, relevant for software licensing and user rights
Competition Ordinance (Cap. 619): Ensures that license terms do not contain anti-competitive provisions or abuse market dominance
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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