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Standard EULA

Standard EULA Template for Hong Kong

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Key Requirements PROMPT example:

Standard EULA

I need a Standard EULA for a mobile gaming app that will launch in March 2025, which needs to include specific clauses about in-app purchases and user data collection for players under 18 in Hong Kong.

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Document background
The Standard EULA (End User License Agreement) is a fundamental legal document used in Hong Kong to establish the contractual relationship between software providers and end users. This document is essential when distributing or licensing software products in the Hong Kong market, whether for consumer or business applications. The agreement must comply with Hong Kong's legal framework, including the Copyright Ordinance, Personal Data (Privacy) Ordinance, and Electronic Transactions Ordinance. It covers crucial aspects such as license grants, usage restrictions, intellectual property protection, data privacy, warranties, and liability limitations. The Standard EULA serves as a protective mechanism for software providers while ensuring transparency and fair terms for end users, all within the context of Hong Kong's common law system and specific statutory requirements.
Suggested Sections

1. Parties: Identification of the software provider/licensor and the end user/licensee

2. Background: Brief context about the software and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope and nature of the software license being granted

5. License Restrictions: Specific limitations and prohibited uses of the software

6. Intellectual Property Rights: Statement of ownership and IP rights in the software

7. Terms of Use: General conditions and requirements for using the software

8. Privacy and Data Collection: Terms regarding collection and use of user data, complying with PDPO

9. Warranties and Disclaimers: Limited warranties provided and disclaimer of other warranties

10. Limitation of Liability: Limits on the licensor's liability under Hong Kong law

11. Term and Termination: Duration of the license and conditions for termination

12. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

13. General Provisions: Miscellaneous legal provisions including severability and entire agreement

Optional Sections

1. Subscription Terms: For software provided on a subscription basis, including payment terms and renewal conditions

2. Third-Party Software: Terms relating to third-party components or integrations within the software

3. Export Controls: For software subject to export regulations or international use restrictions

4. Professional Services: For software that includes installation, training, or support services

5. Service Level Agreement: For software with guaranteed uptime or performance levels

6. Data Processing Agreement: For software that processes personal data as defined under PDPO

7. High-Risk Activities: Additional disclaimers for software that could be used in high-risk scenarios

Suggested Schedules

1. Technical Requirements: Minimum system requirements and technical specifications

2. Fee Schedule: Pricing details and payment terms if applicable

3. Acceptable Use Policy: Detailed rules and guidelines for software usage

4. Privacy Policy: Detailed privacy and data handling practices

5. Service Level Metrics: Detailed performance metrics and service levels if applicable

6. Support Services: Details of technical support and maintenance services

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
Affiliate
Authorized User
Business Day
Confidential Information
Content
Data Protection Laws
Documentation
Effective Date
Force Majeure
Intellectual Property Rights
License Fee
License Term
Licensee
Licensor
Maintenance Services
Normal Business Hours
Personal Data
Privacy Policy
Product
Security Breach
Service Level Agreement
Software
Software Updates
Source Code
Specification
Subscription
Support Services
System Requirements
Term
Territory
Third-Party Software
Update
Upgrade
User Account
User Data
Virus
Working Day
Relevant Industries

Technology and Software

E-commerce

Financial Services

Healthcare

Education

Manufacturing

Professional Services

Retail

Telecommunications

Media and Entertainment

Gaming

Cloud Services

Mobile Applications

Enterprise Software

Consumer Software

Relevant Teams

Legal

Software Development

Product Management

Information Technology

Compliance

Risk Management

Commercial

Intellectual Property

Business Development

Customer Success

Technical Support

Information Security

Relevant Roles

Legal Counsel

Software Developer

Product Manager

Chief Technology Officer

Compliance Officer

Privacy Officer

Commercial Director

Licensing Manager

IT Manager

Risk Manager

Business Development Manager

Software Architecture Lead

Chief Legal Officer

Contract Administrator

Chief Information Officer

IP Rights Manager

Industries
Copyright Ordinance (Cap. 528): Governs copyright protection of software and digital content, including licensing rights and enforcement mechanisms
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, use, and handling of personal data, which is crucial for software that collects user information
Electronic Transactions Ordinance (Cap. 553): Establishes the legal framework for electronic contracts and digital signatures, relevant for online EULAs
Trade Descriptions Ordinance (Cap. 362): Ensures accurate description of products and services, preventing false or misleading claims about software functionality
Competition Ordinance (Cap. 619): Prevents anti-competitive practices, ensuring EULA terms don't unfairly restrict competition or create monopolistic conditions
Control of Exemption Clauses Ordinance (Cap. 71): Regulates the extent to which civil liability can be excluded or restricted in contracts, including software licenses
Supply of Services (Implied Terms) Ordinance (Cap. 457): Implies certain terms about quality and fitness for purpose in service contracts, which can apply to software services
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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