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Software User Agreement

Software User Agreement Template for Ireland

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Key Requirements PROMPT example:

Software User Agreement

"I need a Software User Agreement for my new SaaS analytics platform launching in March 2025, which will be marketed to enterprise customers in Ireland and will process large amounts of customer data requiring strong GDPR compliance."

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Document background
The Software User Agreement is a critical legal document designed for software providers operating under Irish jurisdiction who need to establish clear terms of use for their software products or services. This agreement is essential when providing software to users in Ireland and the EU, whether through direct download, SaaS, or other delivery methods. It must comply with the Irish Data Protection Act 2018, GDPR, and the Electronic Commerce Act 2000, while addressing software licensing, usage rights, data protection, and consumer protection requirements. The document is particularly important given Ireland's position as a major technology hub and the need to align with both Irish and EU regulatory frameworks. It serves as the primary legal framework governing the relationship between software providers and their users, whether individual consumers or business entities.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the software

3. Definitions: Definitions of key terms used throughout the agreement

4. License Grant: Scope of the software license, usage rights, and restrictions

5. User Obligations: User's responsibilities and acceptable use conditions

6. Intellectual Property Rights: Protection of software IP and ownership declarations

7. Data Protection and Privacy: GDPR compliance, data processing terms, and privacy obligations

8. Term and Termination: Duration of agreement and termination conditions

9. Payment Terms: License fees, payment schedules, and related terms

10. Warranties and Disclaimers: Software warranties and limitations

11. Limitation of Liability: Liability caps and exclusions compliant with Irish law

12. Governing Law and Jurisdiction: Specification of Irish law governance and dispute resolution

Optional Sections

1. Service Level Agreement: Include when offering specific uptime guarantees or support levels

2. Third-Party Integrations: Include when the software interfaces with third-party services

3. Enterprise User Terms: Include for business/enterprise versions with additional terms

4. API Usage Terms: Include when providing API access

5. Export Control: Include for software with international distribution

6. High-Risk Use Restrictions: Include for software that needs to restrict use in critical systems

7. Professional Services: Include when offering additional implementation or consulting services

Suggested Schedules

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

2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications

3. Schedule 3 - Support Services: Details of support services, hours, and response times

4. Schedule 4 - Service Level Metrics: Detailed performance metrics and service levels

5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

6. Schedule 6 - Fee Schedule: Detailed breakdown of all fees and payment terms

7. Appendix A - Acceptable Use Policy: Detailed policies regarding acceptable use of the software

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
Acceptable Use Policy
Affiliate
Authorized User
Business Day
Confidential Information
Customer Data
Data Controller
Data Processor
Data Protection Laws
Documentation
Effective Date
Emergency Maintenance
End User
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
License
License Term
Maintenance Window
Malicious Code
Named User
Password
Personal Data
Privacy Policy
Professional Services
Prohibited Use
Service Level Agreement
Software
Software Updates
Source Code
Subscription
Support Services
System Requirements
Term
Territory
Third-Party Software
User Account
User Credentials
User Data
User Documentation
Virus
Working Hours
Relevant Industries

Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Media and Entertainment

Telecommunications

Public Sector

E-commerce

Consulting

Legal Services

Relevant Teams

Legal

Information Technology

Compliance

Product Development

Sales

Procurement

Risk Management

Information Security

Customer Success

Operations

Commercial

Relevant Roles

Legal Counsel

Software Developer

Product Manager

Chief Technology Officer

Compliance Officer

Data Protection Officer

IT Manager

Software License Manager

Procurement Manager

Contract Administrator

Risk Manager

Chief Information Officer

Commercial Director

Sales Director

Industries
General Data Protection Regulation (GDPR): EU regulation on data protection and privacy, which applies directly in Ireland. Must address data processing, user rights, and data protection measures.
Data Protection Act 2018: Irish implementation of GDPR, providing additional national requirements for data protection.
European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013: Covers consumer rights, including right of withdrawal, information requirements for distance contracts, and digital content.
Sale of Goods and Supply of Services Act 1980: Sets out basic consumer rights and obligations regarding services, including digital services.
Copyright and Related Rights Act 2000: Governs software copyright protection and licensing in Ireland.
Electronic Commerce Act 2000: Regulates electronic contracts and digital signatures, crucial for online software agreements.
European Communities (Unfair Terms in Consumer Contracts) Regulations 1995: Protects consumers from unfair terms in standard form contracts, including software agreements.
Consumer Protection Act 2007: Provides general consumer protection framework and prohibits unfair commercial practices.
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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