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Freeware License Agreement for Australia

Freeware License Agreement Template for Australia

This Freeware License Agreement is a legal document governed by Australian law that establishes the terms and conditions under which free software can be distributed and used. It provides a comprehensive framework for protecting the intellectual property rights of the software developer while granting users free access to the software. The agreement incorporates provisions compliant with Australian Consumer Law and the Copyright Act 1968, addressing key aspects such as license scope, usage restrictions, warranty disclaimers, and liability limitations. It's designed to offer clear terms for both developers and users while maintaining the software's free-to-use nature.

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What is a Freeware License Agreement?

The Freeware License Agreement serves as a crucial legal instrument for software developers and companies looking to distribute their software products free of charge while maintaining control over usage terms and protecting their intellectual property rights. This document is essential when releasing software without monetary compensation but with specific usage conditions. The agreement, governed by Australian law, includes comprehensive terms covering license grant, usage restrictions, intellectual property protection, and liability limitations. It ensures compliance with relevant Australian legislation including the Copyright Act 1968 and Competition and Consumer Act 2010. The document is particularly relevant when developers want to make their software freely available while preventing unauthorized commercial exploitation or redistribution.

What sections should be included in a Freeware License Agreement?

1. Parties: Identifies the licensor (software owner) and defines the users ('you') who will be bound by the agreement

2. Background: Explains the context of the agreement and the nature of the freeware being licensed

3. Definitions: Defines key terms used throughout the agreement including 'Software', 'License', 'Use', and other relevant terms

4. License Grant: Specifies the rights granted to users, including the scope and nature of the free license

5. Restrictions: Outlines prohibited activities and usage limitations

6. Intellectual Property Rights: Confirms the licensor's ownership of the software and associated intellectual property

7. No Warranty: Disclaims warranties and provides the software 'as-is'

8. Limitation of Liability: Limits the licensor's liability for any damages arising from software use

9. Term and Termination: Specifies the duration of the license and conditions for termination

10. General Provisions: Contains standard legal clauses including governing law, entire agreement, and severability

What sections are optional to include in a Freeware License Agreement?

1. Privacy and Data Collection: Required if the software collects or processes any user data

2. Commercial Use: Include if there's a need to specify terms for potential commercial use or explicitly prohibit it

3. Distribution Rights: Include if users are allowed to redistribute the software

4. Updates and Support: Include if the licensor provides any form of updates or support services

5. Third-Party Components: Required if the software includes third-party libraries or components

6. Export Control: Include if the software has international distribution or contains encryption technology

What schedules should be included in a Freeware License Agreement?

1. Schedule 1 - Software Description: Detailed description of the software, including version number and key features

2. Schedule 2 - Installation Requirements: Technical requirements and installation instructions

3. Schedule 3 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software

4. Appendix A - Third-Party Licenses: Copies or references to licenses for any third-party components used in the software

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

Cost

Free to use
Relevant legal definitions




























Clauses

























Relevant Industries

Technology

Software Development

Open Source

Education

Research & Development

Non-Profit

Healthcare

Financial Services

Gaming

Media & Entertainment

Professional Services

Relevant Teams

Legal

Software Development

Product Management

Compliance

Risk Management

Documentation

Open Source

Technical Operations

Intellectual Property

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Product Manager

Chief Technology Officer

Chief Legal Officer

Software Architect

Development Manager

Compliance Officer

Risk Manager

Open Source Program Manager

Technical Documentation Specialist

Industries






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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