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.
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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
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
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
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