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Basic EULA

Basic EULA Template for Australia

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Key Requirements PROMPT example:

Basic EULA

"I need a Basic EULA for my new mobile gaming app launching in March 2025, compliant with Australian consumer law and suitable for both iOS and Android platforms."

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Document background
This Basic EULA template is designed for software providers operating under Australian jurisdiction who need to establish clear terms of use for their software products. The document incorporates essential elements required by Australian consumer protection laws, privacy regulations, and contract law principles. It is particularly suitable for software companies, digital service providers, and technology businesses that need a straightforward yet comprehensive license agreement for their standard software products. The Basic EULA covers fundamental aspects such as license scope, usage terms, warranties, and liability limitations, while ensuring compliance with Australian legal requirements. This template is structured to be adaptable for various software types while maintaining core protections for both the software provider and end users.
Suggested Sections

1. Parties: Identifies the software provider/licensor and defines who can be an end-user/licensee

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

3. Definitions: Defines key terms used throughout the agreement including 'Software', 'License', 'Intellectual Property Rights', etc.

4. License Grant: Specifies the type of license granted and its basic terms

5. License Restrictions: Lists prohibited activities and usage limitations

6. Intellectual Property Rights: Confirms ownership of the software and related IP

7. Terms of Use: Outlines acceptable use conditions and user obligations

8. Disclaimer of Warranties: Specifies what warranties are given or disclaimed

9. Limitation of Liability: Limits the provider's liability within legal bounds

10. Term and Termination: Details agreement duration and termination conditions

11. Governing Law: Specifies Australian law as governing law and jurisdiction

Optional Sections

1. Commercial Use Terms: Additional terms for business/commercial users - include if software can be used commercially

2. Data Collection and Privacy: Details on data collection practices - include if software collects user data

3. Third-Party Components: Information about third-party software components - include if software incorporates third-party elements

4. Export Controls: Export restriction terms - include if software has international distribution

5. Support and Updates: Terms for technical support and software updates - include if these services are offered

6. User Content: Terms regarding user-generated content - include if software allows user content creation

Suggested Schedules

1. Schedule 1 - Technical Requirements: Minimum system requirements and technical specifications

2. Schedule 2 - Licensed Features: Detailed list of software features covered by the license

3. Schedule 3 - Support Terms: Detailed support terms and service levels if support is offered

4. Appendix A - Privacy Policy: Detailed privacy policy if software collects user data

5. Appendix B - Acceptable Use Policy: Detailed acceptable use guidelines and restrictions

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
Relevant Industries

Technology

Software Development

Digital Services

E-commerce

Mobile Applications

Gaming

Enterprise Software

Consumer Applications

Cloud Services

SaaS (Software as a Service)

Relevant Teams

Legal

Development

Product Management

Compliance

Executive Leadership

Information Technology

Customer Success

Business Development

Operations

Relevant Roles

Legal Counsel

Software Developer

Product Manager

CEO

CTO

Chief Legal Officer

Compliance Officer

IP Manager

Software Architect

Product Owner

Business Development Manager

Technology Director

General Counsel

Legal Operations Manager

Industries
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010): Sets out consumer rights and protections, including guarantees that cannot be excluded by contract, unfair contract terms provisions, and consumer protection requirements
Privacy Act 1988: Regulates the handling of personal information by businesses and requires privacy notices and consent for data collection and processing
Copyright Act 1968: Protects software and related materials as intellectual property and governs licensing rights
Electronic Transactions Act 1999: Provides legal framework for electronic transactions and validates electronic agreements
Competition and Consumer Act 2010: Prohibits anti-competitive behavior and ensures fair trading practices in commercial transactions
Contract Law (Common Law): Governs formation and enforcement of contracts, including principles of offer, acceptance, consideration, and intention to create legal relations
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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