This End User License Agreement (EULA) template is essential for any software provider operating under Austrian jurisdiction who needs to establish legally binding terms with their end users. The document is particularly important in the context of Austrian and EU regulatory requirements, including consumer protection laws, data privacy regulations, and e-commerce legislation. It should be used whenever software is being licensed to end users, whether they are consumers or businesses, and includes crucial provisions for intellectual property protection, usage rights, liability limitations, and data processing terms. The EULA needs to comply with the Austrian Civil Code (ABGB), Consumer Protection Act (KSchG), and the GDPR, while also addressing specific software licensing and usage requirements. This template is designed to be adaptable for various software types, from mobile applications to enterprise software solutions, while maintaining compliance with Austrian legal standards.
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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: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the software license, including usage rights and restrictions
5. Terms of Use: Specific conditions and limitations for using the software
6. Intellectual Property Rights: Declaration of ownership and protection of IP rights
7. User Obligations: End user's responsibilities and prohibited activities
8. Data Protection and Privacy: GDPR compliance and data handling procedures
9. Warranty and Disclaimer: Extent of warranty provided and limitations
10. Limitation of Liability: Scope of liability limitations in compliance with Austrian law
11. Term and Termination: Duration of agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of Austrian law application and jurisdiction
13. General Provisions: Standard legal clauses including severability and entire agreement
1. Subscription Terms: Include when software is offered on a subscription basis with recurring payments
2. Third-Party Components: Required when the software incorporates third-party libraries or components
3. Export Controls: Necessary when software may be subject to international export regulations
4. Service Level Agreement: Include for software with online components or cloud services
5. Beta Testing Terms: Required for pre-release or beta versions of software
6. Academic or Non-Commercial Use: Include when offering special terms for academic or non-commercial users
7. Hardware Requirements: Necessary when software has specific hardware dependencies
8. Support and Maintenance: Include when offering technical support or maintenance services
1. Schedule A - Technical Requirements: Detailed technical specifications and system requirements
2. Schedule B - Fee Schedule: Pricing details and payment terms if applicable
3. Schedule C - Service Level Terms: Detailed service levels and performance metrics for online components
4. Schedule D - Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
6. Appendix 2 - Privacy Policy: Detailed privacy policy and data handling procedures
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
E-commerce
Financial Services
Healthcare
Education
Manufacturing
Professional Services
Media & Entertainment
Telecommunications
Retail
Gaming & Interactive Entertainment
Relevant Teams
Legal
Software Development
Product Management
Compliance
Information Technology
Risk Management
Privacy & Data Protection
Customer Success
Sales
Business Development
Relevant Roles
Legal Counsel
Software Development Manager
Product Manager
Compliance Officer
Data Protection Officer
IT Director
Chief Technology Officer
Chief Legal Officer
Software Licensing Manager
Contract Manager
Business Development Manager
Risk Manager
Privacy Officer
General Counsel
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