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Custom EULA Template for England and Wales

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Key Requirements PROMPT example:

Custom EULA

"I need a Custom EULA for my new AI-powered photo editing software that will be distributed globally, with specific clauses about data processing and user-generated content ownership."

Document background
A Custom EULA is essential when providing software products to end users in a way that requires specific terms and conditions tailored to the product's unique features and requirements. This document, governed by English and Welsh law, establishes the legal framework for software usage, protecting intellectual property rights, limiting liability, and ensuring compliance with relevant regulations. It should be used when standard EULAs don't adequately address specific software features, distribution methods, or usage scenarios.
Suggested Sections

1. Parties: Identifies the licensor and licensee

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. License Grant: Specifies the scope and nature of the license

5. Use Restrictions: Details prohibited uses and limitations

6. Intellectual Property Rights: Establishes ownership and IP protection

7. Term and Termination: Defines duration and termination conditions

8. Warranties and Disclaimers: Sets out warranties and limitations

Optional Sections

1. Payment Terms: Required for paid software licenses - include when software is not free

2. Support and Maintenance: Details support services provided - include when ongoing support is offered

3. Data Processing Terms: Covers data handling requirements - include when personal data is processed

4. Export Controls: International usage restrictions - include for international distribution

Suggested Schedules

1. Technical Requirements Schedule: Minimum system requirements and specifications

2. Service Level Agreement: Performance metrics and service levels

3. Privacy Policy: Detailed data protection and privacy terms

4. Acceptable Use Policy: Detailed usage guidelines and restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Consumer Rights Act 2015: Key legislation covering fairness of contract terms, transparency requirements, consumer protection provisions, and quality of digital content requirements for software and digital services

Consumer Contracts Regulations 2013: Governs pre-contract information requirements, cancellation rights, and digital content delivery procedures in consumer contracts

Data Protection Act 2018 and UK GDPR: Regulates data processing terms, user privacy rights, and requirements for data collection and storage in software applications

Copyright, Designs and Patents Act 1988: Controls software licensing provisions, intellectual property protection, and copyright notice requirements for software products

Electronic Commerce Regulations 2002: Sets out electronic contracting requirements, information provision obligations, and rules for commercial communications in digital transactions

Unfair Contract Terms Act 1977: Regulates limitation of liability clauses, reasonableness of terms, and the use of exclusion clauses in contracts

Computer Misuse Act 1990: Addresses unauthorized access provisions and system security requirements in software applications

Competition Act 1998: Ensures compliance with anti-competitive provisions and fair trading requirements in software licensing

Common Law Principles: Fundamental contract formation principles under English law, including offer, acceptance, consideration, and intention to create legal relations

EU Retained Law: Relevant European Union laws that have been retained in UK law post-Brexit affecting software licensing and digital services

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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