Software User Agreement Generator for United States

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Key Requirements PROMPT example:

Software User Agreement

"I need a Software User Agreement for my new mobile app that will be launched in March 2025, including specific clauses for data privacy and in-app purchases, compliant with both U.S. federal law and California state regulations."

Document background
The Software User Agreement serves as the primary legal framework governing the relationship between software providers and users in the United States. This document is essential when distributing software to users, whether it's commercial, free, or open-source. It covers crucial aspects such as licensing terms, usage restrictions, intellectual property rights, warranty disclaimers, and liability limitations. The agreement ensures compliance with U.S. federal and state regulations while protecting both the provider's interests and user rights.
Suggested Sections

1. Parties: Identification of the software provider/licensor and the user/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 being granted

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

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

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

8. Warranty Disclaimer: Limitations on warranties provided

9. Limitation of Liability: Caps on liability and excluded damages

10. Governing Law: Applicable law and jurisdiction

Optional Sections

1. Data Privacy: Terms governing data collection, processing, and protection requirements when software collects user data

2. Service Level Agreement: Performance standards and metrics for cloud-based or SaaS applications

3. Payment Terms: Pricing, payment schedule, and related terms for paid software licenses

4. Support Services: Technical support and maintenance terms when support services are offered

5. Third-Party Software: Terms relating to integrated third-party components and associated obligations

6. Export Control: Export compliance requirements for international distribution

Suggested Schedules

1. Software Description: Detailed technical specifications of the software

2. Service Level Metrics: Detailed performance standards and measurements

3. Fee Schedule: Detailed pricing and payment terms

4. Support Service Details: Specific support levels and response times

5. Data Processing Agreement: Detailed data handling procedures and requirements

6. Third-Party Licenses: Copies of relevant third-party software licenses

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

Computer Fraud and Abuse Act (CFAA): Federal law that prohibits accessing a computer without authorization or exceeding authorized access. Must be considered for access restrictions and unauthorized use provisions in the agreement.

Digital Millennium Copyright Act (DMCA): Federal copyright law addressing digital content protection and copyright issues. Relevant for software protection, anti-circumvention measures, and copyright notices.

Federal Copyright Act: Primary federal law governing copyright protection, essential for software intellectual property protection and licensing terms.

Electronic Communications Privacy Act (ECPA): Regulates the interception of electronic communications. Important for any software features involving user communications or data transmission.

Children's Online Privacy Protection Act (COPPA): Regulates the collection and use of personal information from children under 13. Must be addressed if the software might be accessed by children.

Americans with Disabilities Act (ADA): Requires reasonable accommodations for persons with disabilities. Relevant for software accessibility requirements and compliance.

California Consumer Privacy Act (CCPA): California's comprehensive privacy law giving residents specific rights over their personal data. Must be addressed if serving California users.

Federal Trade Commission Act: Prohibits unfair or deceptive practices in commerce. Influences how terms, features, and limitations must be disclosed to users.

Magnuson-Moss Warranty Act: Federal law governing consumer product warranties. Affects how software warranties and disclaimers must be written and presented.

Uniform Commercial Code (UCC): State-adopted uniform law governing commercial transactions. Relevant for software licensing and sales provisions.

E-SIGN Act: Provides legal recognition for electronic signatures and records. Important for agreement formation and acceptance mechanisms.

Export Administration Regulations (EAR): Controls the export of commercial and dual-use items. Must be considered for international distribution of software.

HIPAA: Regulates protection of medical information. Must be addressed if software handles protected health information.

Gramm-Leach-Bliley Act: Requires financial institutions to protect customers' personal financial information. Relevant if software handles financial data.

GDPR: EU's comprehensive privacy regulation. Must be considered if software might be used by EU residents, even if US-based.

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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