This Custom EULA template is designed for software providers operating under Irish jurisdiction who need to establish legally binding terms for the use of their software products or digital services. The document incorporates essential elements required by Irish law and European Union regulations, including the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 and GDPR requirements. It serves as a comprehensive agreement between the software provider and end users, whether they are individual consumers or business entities. The Custom EULA should be used when deploying new software products, updating existing license terms, or launching digital services in Ireland or to Irish users. It includes provisions for data protection, intellectual property rights, usage restrictions, and liability limitations, while ensuring compliance with Irish consumer protection laws and EU directives.
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1. Parties: Identification of the licensor (software provider) and licensee (end user)
2. Background: Context of the agreement and brief description of the software
3. Definitions: Detailed definitions of terms used throughout the agreement
4. License Grant: Scope of the license, including usage rights and restrictions
5. Intellectual Property Rights: Assertion of ownership and IP rights over the software
6. User Obligations: End user's responsibilities and acceptable use conditions
7. Data Protection and Privacy: GDPR compliance measures and data handling practices
8. Term and Termination: Duration of the license and conditions for termination
9. Warranties and Disclaimers: Software warranties and limitations thereof
10. Limitation of Liability: Limits on liability and indemnification provisions
11. Governing Law and Jurisdiction: Specification of Irish law and jurisdiction
12. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Subscription Terms: Include when software is provided on a subscription basis
2. Payment Terms: Include for paid software licenses
3. Service Level Agreement: Include for software with uptime or performance guarantees
4. Third-Party Integrations: Include when software incorporates third-party services or components
5. Export Controls: Include for software subject to international distribution
6. Additional User Restrictions: Include for software with specific usage limitations or requirements
7. Support and Maintenance: Include when technical support or maintenance services are provided
8. Audit Rights: Include when usage monitoring or compliance verification is required
1. Schedule 1 - Technical Requirements: Minimum system requirements and technical specifications
2. Schedule 2 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
3. Schedule 3 - Service Level Terms: Detailed service levels and performance metrics
4. Schedule 4 - Support Services: Description of support services and response times
5. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable software use
6. Appendix B - Privacy Policy: Detailed privacy practices and data handling procedures
7. Appendix C - Fee Schedule: Pricing and payment terms for paid licenses
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