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Freeware EULA

Freeware EULA Template for Germany

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Key Requirements PROMPT example:

Freeware EULA

"I need a Freeware EULA under German law for my basic mobile meditation app that will be released in March 2025; the app doesn't collect user data or include any third-party components."

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Document background
This Freeware EULA template is designed for software providers distributing free software products within Germany or to German users. The agreement ensures compliance with German legal requirements while protecting the software provider's interests. It includes mandatory provisions under German law regarding standard business terms (AGB-Recht), consumer protection, and data privacy regulations. The document should be used when releasing free software to end users, whether for personal or business use, and must be presented before software installation or use. This agreement differs from standard international EULAs by incorporating specific German legal requirements, particularly regarding warranty disclaimers and liability limitations, which are more restrictive under German law than in many other jurisdictions.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement including 'Software', 'License', 'Use', etc.

4. License Grant: Scope of the free license, permitted uses, and any restrictions

5. Intellectual Property Rights: Declaration of ownership and protection of IP rights

6. Acceptable Use: Permitted and prohibited activities with the software

7. Distribution Rights: Terms governing redistribution of the freeware

8. Disclaimer of Warranties: Limitations on warranties in accordance with German law

9. Limitation of Liability: Scope of liability limitations as permitted under German law

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

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

12. General Provisions: Standard boilerplate including severability and entire agreement

Optional Sections

1. Data Protection: Required if the software collects or processes personal data, addressing GDPR compliance

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

3. Export Controls: Include if the software is subject to export regulations

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

5. User Content: Include if users can create or upload content within the software

6. Feedback and Suggestions: Include if accepting user feedback and defining rights to such feedback

7. Academic or Research Use: Include if the software is intended for academic or research purposes

Suggested Schedules

1. Technical Requirements: Minimum system requirements and technical specifications

2. Third-Party Attributions: List of third-party software components and their license terms

3. Privacy Policy: Detailed privacy policy if required by data processing activities

4. Acceptable Use Policy: Detailed guidelines for acceptable use if complex rules apply

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

Information Technology

Digital Media

Healthcare Technology

Educational Technology

Financial Technology

Gaming

Mobile Applications

Enterprise Software

Open Source Software

Research and Development

Non-profit Technology

Relevant Teams

Legal

Software Development

Compliance

Product Management

Privacy and Data Protection

Information Technology

Risk Management

Technical Documentation

Business Development

Intellectual Property

Relevant Roles

Legal Counsel

Software Developer

Product Manager

Compliance Officer

Privacy Officer

Chief Technology Officer

Chief Legal Officer

Software Architect

Legal Director

IP Rights Manager

Data Protection Officer

Software Distribution Manager

Technical Documentation Specialist

Risk Manager

Business Development Manager

Industries
Urheberrechtsgesetz (UrhG): German Copyright Act - Governs software copyright protection, usage rights, and licensing terms
Bürgerliches Gesetzbuch (BGB) §§ 305-310: German Civil Code sections on Standard Business Terms (AGB-Recht) - Regulates pre-formulated contract terms and their validity
Bürgerliches Gesetzbuch (BGB) §§ 241-432: German Civil Code sections on General Contract Law - Basic contract formation and execution rules
EU General Data Protection Regulation (GDPR) / Datenschutz-Grundverordnung (DSGVO): Regulates personal data processing and privacy requirements
Telemediengesetz (TMG): Telemedia Act - Governs electronic information and communication services
Produkthaftungsgesetz (ProdHaftG): Product Liability Act - Relevant for potential software defects and liability limitations
Gesetz gegen den unlauteren Wettbewerb (UWG): Unfair Competition Act - Relevant for marketing practices and unfair contract terms
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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