The EULA For Software is a crucial legal document used when distributing software products in the Philippines. It establishes the contractual relationship between software providers and end users, defining the scope of software usage rights, restrictions, and obligations of both parties. This agreement is essential for protecting intellectual property rights, managing liability, and ensuring compliance with Philippine regulations, particularly the Data Privacy Act of 2012, Electronic Commerce Act of 2000, and Consumer Act. The document should be implemented when releasing any software product in the Philippine market, whether for commercial, educational, or personal use. It includes specific provisions for data protection, warranty disclaimers, and limitation of liability tailored to Philippine legal requirements.
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Key Requirements PROMPT example:
EULA For Software
"I need a EULA for Software to be used for my mobile gaming app that will be distributed in the Philippines, with specific clauses for in-app purchases and user data collection, planned for release in March 2025."
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1. Parties: Identifies the software provider/licensor and the end user/licensee
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the type and scope of license granted to the user
5. Restrictions on Use: Details prohibited actions and limitations on software usage
6. Intellectual Property Rights: Affirms ownership of software and related IP rights
7. Terms of Use: Outlines acceptable use conditions and user obligations
8. Privacy and Data Protection: Addresses data collection and processing in compliance with the Data Privacy Act
9. Warranties and Disclaimers: States any warranties provided and disclaims implied warranties
10. Limitation of Liability: Limits the licensor's liability under the agreement
11. Term and Termination: Specifies duration of license and termination conditions
12. Governing Law: Establishes Philippine law as governing law and jurisdiction
13. General Provisions: Includes standard boilerplate clauses like severability and entire agreement
1. Subscription Terms: Include when software is offered on a subscription basis with recurring payments
2. Third-Party Software: Include when the software incorporates third-party components or dependencies
3. Export Controls: Include when software may be subject to international distribution restrictions
4. Support Services: Include when technical support or maintenance services are offered
5. User Content: Include when software allows users to create or upload their own content
6. Beta Testing: Include when software includes beta or preview features
7. Educational Use: Include when special terms apply for educational institutions
8. High Risk Activities: Include when software should not be used in dangerous or critical operations
1. Schedule A - Technical Requirements: Minimum system requirements and technical specifications
2. Schedule B - Privacy Policy: Detailed privacy policy compliant with the Data Privacy Act
3. Schedule C - Service Level Agreement: Performance standards and service levels if applicable
4. Schedule D - Fee Schedule: Pricing details and payment terms if not free software
5. Schedule E - Third-Party Licenses: List of third-party software components and their license terms
6. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
E-commerce
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Government
Telecommunications
Media and Entertainment
Research and Development
Consulting
Relevant Teams
Legal
Software Development
Product Management
Compliance
Information Technology
Risk Management
Business Development
Contract Administration
Data Protection
Customer Support
Relevant Roles
Legal Counsel
Software Development Manager
Product Manager
Compliance Officer
IT Director
Chief Technology Officer
Chief Legal Officer
Software Licensing Manager
Data Protection Officer
Business Development Manager
Contract Administrator
Risk Manager
Software Engineer
Chief Information Officer
Legal Operations Manager
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