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Simple EULA

Simple EULA Template for South Africa

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Key Requirements PROMPT example:

Simple EULA

"I need a Simple EULA for my mobile gaming app that will be launched in South Africa in March 2025, with specific focus on in-app purchases and user data collection from players under 18."

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Document background
The Simple EULA is essential for any organization providing software products in South Africa. This document is designed to comply with South African legislation, including the Electronic Communications and Transactions Act 25 of 2002, Consumer Protection Act 68 of 2008, and Protection of Personal Information Act 4 of 2013. The Simple EULA establishes the legal framework for software licensing, protecting the intellectual property rights of the provider while ensuring fair terms for end users. It is particularly important for software deployments in South Africa where consumer protection laws require clear, understandable terms and transparent disclosure of all relevant information. The agreement covers essential aspects such as license scope, usage restrictions, warranties, and liability limitations, while maintaining compliance with local data protection requirements.
Suggested Sections

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

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

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

4. License Grant: Scope and nature of the license being granted to use the software

5. License Restrictions: Specific limitations on use, copying, modification, and distribution of the software

6. Intellectual Property Rights: Statement of ownership and protection of IP rights in the software

7. Term and Termination: Duration of the license and circumstances for termination

8. Privacy and Data Protection: POPIA compliance provisions regarding data collection and processing

9. Disclaimer of Warranties: Limited warranties and disclaimers compliant with SA consumer protection laws

10. Limitation of Liability: Limits on liability within bounds of SA law

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Third-Party Software: Section required when the software includes third-party components or dependencies

2. Export Controls: Include when software is subject to international distribution restrictions

3. Support and Maintenance: Include when offering ongoing support services with the software

4. Usage Data Collection: Required when the software collects usage analytics or telemetry data

5. Update and Upgrade Terms: Include when offering software updates or upgrade paths

6. Geographic Restrictions: Include when software use is restricted to specific territories

Suggested Schedules

1. Schedule A - Software Description: Detailed description of the licensed software and its components

2. Schedule B - License Fees: Details of any applicable license fees and payment terms, if not free software

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

4. Appendix 1 - Privacy Policy: Detailed privacy policy compliant with POPIA requirements

5. Appendix 2 - Acceptable Use Policy: Detailed guidelines for 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
Agreement
Authorized User
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License
License Fee
Licensor
Licensee
Operator
Personal Information
Processing
Products
Responsible Party
Software
Source Code
Specifications
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Data
User Interface
Use Rights
Business Day
Commencement Date
Derivative Works
Installation
Object Code
Operating Environment
Permitted Purpose
Service Level
Technical Support
Terms of Use
Virus
Acceptance
Access Credentials
Authorized Device
Relevant Industries

Technology

Software Development

E-commerce

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Media and Entertainment

Telecommunications

Relevant Teams

Legal

Information Technology

Product Development

Compliance

Risk Management

Software Development

Operations

Privacy

Contract Administration

Software Distribution

Relevant Roles

Legal Counsel

Software Developer

Product Manager

Chief Technology Officer

Compliance Officer

IT Director

Software Licensing Manager

Privacy Officer

Contract Manager

Chief Information Officer

Legal Operations Manager

Software Distribution Manager

Risk Manager

Industries
Electronic Communications and Transactions Act 25 of 2002: Governs electronic transactions and digital signatures, ensuring the validity of online agreements and providing framework for e-commerce in South Africa
Consumer Protection Act 68 of 2008: Regulates fair business practices, consumer rights, and contract terms, including requirements for plain language and fair terms in agreements
Protection of Personal Information Act (POPIA) 4 of 2013: Regulates the processing of personal information and sets requirements for data protection in agreements involving personal data collection
Copyright Act 98 of 1978: Protects intellectual property rights and must be considered when defining software usage rights and restrictions in the EULA
Constitution of South Africa: Provides fundamental rights framework, including right to privacy and access to information, which must be respected in contractual agreements
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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