Basic EULA Template for United States

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Key Requirements PROMPT example:

Basic EULA

"I need a Basic EULA for my new mobile game app that will be distributed in the US market, with specific clauses about in-app purchases and user data collection, to be implemented by March 2025."

Document background
The Basic EULA is essential for any software distribution in the United States market. This foundational document establishes the legal framework for software usage, protecting intellectual property rights while ensuring clear communication of terms to end users. The Basic EULA typically includes license scope, use restrictions, warranty disclaimers, and liability limitations, all structured to comply with U.S. federal and state laws. It's particularly important for commercial software releases and should be regularly reviewed to ensure compliance with evolving digital rights and consumer protection regulations.
Suggested Sections

1. Parties: Identifies the licensor and licensee

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

3. Definitions: Key terms used throughout the agreement

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

5. Use Restrictions: Limitations on how the software can be used

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

7. Warranty Disclaimer: Limitations of warranties

8. Limitation of Liability: Caps on potential damages

9. Termination: Conditions for ending the license

Optional Sections

1. Data Privacy: Terms regarding data collection and processing when software collects user data

2. Export Controls: Export compliance requirements when software may be exported internationally

3. Support Services: Terms for technical support when support services are offered

4. Updates and Maintenance: Terms for software updates and maintenance provisions

5. Third-Party Software: Terms regarding third-party components when software includes third-party elements

Suggested Schedules

1. Software Description: Technical details and specifications of the software

2. Acceptable Use Policy: Detailed rules for software usage

3. Privacy Policy: Detailed data handling procedures and privacy requirements

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

Industries

Copyright Act: 17 U.S.C. - Federal legislation governing software protection and licensing rights, essential for establishing ownership and usage terms in the EULA

Digital Millennium Copyright Act (DMCA): Federal law addressing digital rights management and copyright protection in the digital age, relevant for software protection measures

Computer Fraud and Abuse Act: Federal legislation that governs unauthorized access and computer-related fraud, important for defining prohibited uses in the EULA

Federal Trade Commission Act: Federal consumer protection legislation that regulates unfair or deceptive practices in commerce, ensuring EULA terms are fair and transparent

Uniform Computer Information Transactions Act (UCITA): State law adopted in Virginia and Maryland governing software licenses and information technology contracts

State Consumer Protection Laws: Various state-specific laws protecting consumer rights and interests that may affect EULA terms depending on user location

State Data Privacy Laws: State-specific regulations governing data privacy and protection, including CCPA in California, affecting how user data is handled

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, providing framework for contract formation and enforcement

E-SIGN Act: Electronic Signatures in Global and National Commerce Act - Federal law establishing legal validity of electronic signatures and records

COPPA: Children's Online Privacy Protection Act - Federal regulation protecting privacy of children under 13, necessary if software may be used by children

Americans with Disabilities Act (ADA): Federal civil rights law requiring accessibility considerations, relevant for software accessibility requirements

Export Control Regulations: Federal regulations governing international distribution of software and technology, important for global software distribution

Federal Arbitration Act: Federal law governing arbitration procedures and enforcement, relevant for dispute resolution clauses in the EULA

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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