This Non-Standard EULA is designed for software providers operating in Canada who require more sophisticated or customized licensing terms than those found in standard end-user agreements. It is particularly relevant when the software involves complex functionality, significant user data handling, or specialized commercial applications. The document addresses specific requirements under Canadian law, including compliance with PIPEDA for data protection, provincial consumer protection regulations, and Quebec's Civil Code where applicable. It includes comprehensive terms for license scope, usage restrictions, support services, and liability limitations, while allowing for customization based on specific software deployment scenarios and business models. This agreement type is especially useful for enterprise software, specialized applications, or situations where standard EULA templates are insufficient to address unique licensing requirements or risk scenarios.
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Key Requirements PROMPT example:
Non Standard EULA
"I need a Non-Standard EULA for our enterprise SaaS platform launching in March 2025, which includes specific terms for API integration, custom modifications by clients, and data processing requirements for healthcare information in compliance with Canadian privacy laws."
1. Parties: Identification of the licensor (software provider) and licensee (end user)
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Detailed definitions of technical terms, parties, and key concepts used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Statement of ownership and protection of IP rights in the software
7. Payment Terms: License fees, payment schedule, and related financial terms
8. User Data and Privacy: Treatment of user data and privacy compliance with PIPEDA
9. Term and Termination: Duration of the agreement and conditions for termination
10. Warranties and Disclaimers: Software performance warranties and limitation of warranties
11. Limitation of Liability: Caps on liability and exclusions of certain types of damages
12. Support and Maintenance: Terms for technical support and software updates
13. Governing Law: Specification of Canadian law as governing law and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Commercial Use Terms: Additional terms for business or commercial users, used when software may be licensed for commercial purposes
2. Third-Party Software: Terms relating to third-party components, used when the software incorporates third-party elements
3. Custom Modifications: Terms governing user modifications to the software, used when modifications are permitted
4. Export Controls: Compliance with export laws, used when software may be accessed internationally
5. High-Risk Activities: Specific restrictions for high-risk use cases, used when software could be used in sensitive applications
6. Service Level Agreement: Performance standards and metrics, used for cloud-based or service-oriented software
7. Data Processing Agreement: Detailed data handling terms, used when extensive personal data processing is involved
8. Quebec-Specific Provisions: Additional terms required under Quebec civil law, used when software is licensed in Quebec
1. Schedule A - Software Description: Detailed description of the software, its components, and functionality
2. Schedule B - Technical Requirements: Hardware and software requirements for operating the software
3. Schedule C - Fee Schedule: Detailed breakdown of license fees and payment terms
4. Schedule D - Service Level Metrics: Specific performance metrics and service levels
5. Schedule E - Support Services: Detailed description of support and maintenance services
6. Appendix 1 - Acceptable Use Policy: Detailed rules and guidelines for software usage
7. Appendix 2 - Privacy Policy: Detailed privacy practices and data handling procedures
8. Appendix 3 - Security Requirements: Security standards and requirements for software usage
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Information Technology
E-commerce
Healthcare Technology
Financial Technology
Education Technology
Gaming & Entertainment
Enterprise Software
Mobile Applications
Cloud Services
IoT & Connected Devices
Professional Services
Telecommunications
Relevant Teams
Legal
Product Development
Information Technology
Compliance
Sales
Business Development
Risk Management
Information Security
Customer Success
Technical Support
Professional Services
Contract Administration
Relevant Roles
Legal Counsel
Software Licensing Manager
Product Manager
Chief Technology Officer
Privacy Officer
Compliance Manager
Software Development Manager
Chief Information Officer
Contract Administrator
Business Development Manager
Sales Director
IT Security Manager
Risk Manager
Commercial Director
Technical Account Manager
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