This Non-Standard EULA is designed for situations where standard template agreements are insufficient to address specific software licensing requirements under Pakistani law. It is particularly useful for complex software products, enterprise-level applications, or situations requiring customized terms of use. The document incorporates provisions compliant with Pakistani legislation, including the Electronic Transactions Ordinance 2002, Prevention of Electronic Crimes Act 2016, and Copyright Ordinance 1962. It provides comprehensive coverage of licensing terms, user rights, restrictions, data protection requirements, and liability provisions while allowing flexibility to accommodate specific software features and business models. This Non-Standard EULA is essential for software providers who need to establish clear, legally enforceable terms while addressing unique aspects of their software products or services.
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1. Parties: Identification of the software provider/licensor and the end user/licensee
2. Background: Context of the agreement, nature of the software, and purpose of the license
3. Definitions: Detailed definitions of technical and legal terms 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: Declaration of ownership and protection of IP rights in the software
7. Payment Terms: License fees, payment schedule, and related financial terms
8. User Obligations: End user's responsibilities and commitments regarding software use
9. Data Protection and Privacy: Terms regarding collection, processing, and protection of user data
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Warranties and Disclaimers: Scope of warranties provided and limitations thereof
12. Limitation of Liability: Boundaries of liability and indemnification provisions
13. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction details
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Third-Party Software Components: Section detailing third-party software components and associated licenses, required when the software incorporates third-party elements
2. Support and Maintenance: Terms for technical support and software updates, optional if these services are offered
3. Export Controls: Compliance with export regulations, necessary for software with international distribution
4. Service Level Agreement: Performance metrics and service standards, relevant for cloud-based or SaaS applications
5. Audit Rights: Rights to audit user compliance, typically included for enterprise software
6. Beta Testing Terms: Special terms for beta or pre-release software versions
7. Hardware Requirements: Specific hardware requirements or restrictions, relevant for hardware-dependent software
1. Schedule A - Software Description: Detailed description of the software, its features, and functionality
2. Schedule B - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule D - Support Terms: Detailed support and maintenance terms if applicable
5. Appendix 1 - Data Processing Terms: Detailed terms regarding data processing and privacy compliance
6. Appendix 2 - Acceptable Use Policy: Specific guidelines for acceptable use of the software
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