This Boilerplate EULA serves as a standardized legal agreement between software providers and end users in India, essential for any software distribution within the Indian market. The document is designed to comply with Indian legal requirements, including the Information Technology Act, 2000, and Consumer Protection Act, 2019. It should be used whenever software is being licensed to end users in India, whether for consumer or enterprise applications. The agreement covers crucial aspects such as license grants, usage restrictions, data privacy, intellectual property rights, warranties, and liability limitations. This Boilerplate EULA template is structured to be adaptable for various software types while maintaining compliance with Indian regulations and industry standards.
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1. Parties: Identification of the software provider/licensor and the end user/licensee
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the software license being granted
5. License Restrictions: Specific prohibitions and limitations on software use
6. Intellectual Property Rights: Statement of ownership and IP rights in the software
7. Terms of Use: General conditions and requirements for software usage
8. Privacy and Data Collection: Details of data collection, storage, and usage practices
9. User Obligations: End user's responsibilities and commitments
10. Disclaimers and Warranties: Extent of warranties provided and limitations
11. Limitation of Liability: Scope of liability limitations and exclusions
12. Term and Termination: Duration of agreement and termination conditions
13. Governing Law and Jurisdiction: Applicable law and jurisdiction for disputes
14. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Payment Terms: Required for paid software, detailing license fees and payment conditions
2. Technical Support: Include when technical support services are offered
3. Updates and Maintenance: Include when regular software updates are provided
4. Third-Party Software: Required when the software incorporates third-party components
5. Export Controls: Include for software subject to export regulations
6. Special Usage Rights: For specific user categories like educational or enterprise users
7. Audit Rights: Include for enterprise software requiring compliance monitoring
1. Schedule A - Software Description: Detailed description of the software and its features
2. Schedule B - System Requirements: Technical requirements for software operation
3. Schedule C - License Metrics: Specific details about license measurement and restrictions
4. Schedule D - Support Terms: Detailed terms of technical support if provided
5. Schedule E - Privacy Policy: Detailed privacy policy and data handling procedures
6. Schedule F - Fee Schedule: Detailed pricing and payment terms for paid software
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