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Freeware EULA

Freeware EULA Template for Australia

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Key Requirements PROMPT example:

Freeware EULA

"I need a Freeware EULA for my new educational mobile app that will be launched in Australia in March 2025, with specific focus on data privacy provisions since we'll be collecting basic user analytics."

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Document background
This Freeware EULA template is designed for software providers distributing free software in Australia. It should be used whenever releasing software without charge to end users, whether for personal or business use. The document ensures compliance with Australian legal requirements, including the Competition and Consumer Act 2010, Privacy Act 1988, and Copyright Act 1968. The EULA covers essential aspects such as license scope, acceptable use, warranties, liability limitations, and termination rights, while maintaining clarity for end users. This agreement is particularly important for protecting intellectual property rights and limiting liability while offering software at no cost.
Suggested Sections

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

2. Background: Context of the agreement and purpose of the software

3. Definitions: Key terms used throughout the agreement

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

5. Acceptable Use: Permitted and prohibited uses of the software

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

7. User Obligations: End user responsibilities and commitments

8. Disclaimer of Warranties: Warranty limitations subject to Australian Consumer Law

9. Limitation of Liability: Liability limitations compliant with Australian law

10. Term and Termination: Duration of license and termination conditions

11. General Provisions: Standard legal provisions including governing law and jurisdiction

Optional Sections

1. Privacy and Data Collection: Required if the software collects any user data or requires privacy policy compliance

2. Third-Party Software: Include if the software incorporates third-party components or libraries

3. Export Controls: Include if the software may be subject to export restrictions

4. Updates and Maintenance: Include if the software provides updates or requires maintenance

5. User Content: Include if users can create, upload, or share content through the software

6. Support Services: Include if any technical support or services are offered

7. Feedback and Suggestions: Include if you want to address ownership of user feedback and suggestions

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software and its features

2. Schedule 2 - System Requirements: Technical requirements and compatible operating systems

3. Schedule 3 - Open Source Components: List of open source software components and their licenses, if applicable

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

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 Industries

Technology

Software Development

Digital Media

Gaming

Education

Healthcare

Financial Services

Professional Services

Retail

Non-profit

Relevant Teams

Legal

Software Development

Product Management

Compliance

Risk Management

Technical Documentation

Information Security

Customer Support

Quality Assurance

Relevant Roles

Legal Counsel

Software Developer

Product Manager

Chief Technology Officer

Compliance Officer

Intellectual Property Lawyer

Software Project Manager

Privacy Officer

Risk Manager

Technical Documentation Specialist

Industries
Competition and Consumer Act 2010 (Cth): Primary federal law governing consumer protection and fair trading in Australia, including Australian Consumer Law (ACL) which provides consumer guarantees and protects against unfair contract terms
Privacy Act 1988 (Cth): Regulates the handling of personal information by businesses and requires transparency about data collection and usage
Copyright Act 1968 (Cth): Protects the intellectual property rights of the software and establishes the framework for software licensing
Electronic Transactions Act 1999 (Cth): Provides the legal framework for electronic transactions and agreements, ensuring electronic contracts are legally valid
Contract Law (Common Law): Australian common law principles governing contract formation, terms, and enforcement
Australian Consumer Law Unfair Contract Terms provisions: Specific provisions protecting consumers from unfair terms in standard form contracts, which includes software licenses
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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