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Freeware EULA Template for South Africa

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Key Requirements PROMPT example:

Freeware EULA

"I need a Freeware EULA for my educational mobile app that will be released in South Africa in March 2025; the app will collect basic user data for analytics and needs to be POPIA compliant."

Document background
This Freeware EULA template is designed for use in South Africa when distributing software products at no cost to end users. It incorporates essential provisions required by South African legislation, including the Electronic Communications and Transactions Act 25 of 2002, Consumer Protection Act 68 of 2008, and POPIA. The document should be used whenever releasing free software to the public, whether by individual developers, organizations, or companies. It covers crucial aspects such as license grant, usage restrictions, intellectual property rights, warranty disclaimers, and liability limitations, all tailored to comply with South African legal requirements. The EULA protects both the software provider's interests and user rights while ensuring transparency and fairness in the software distribution process.
Suggested Sections

1. Parties: Identification of the licensor (software provider) and the licensee (end user)

2. Background: Brief context about the software and purpose of the agreement

3. Definitions: Key terms used throughout the EULA, including 'Software', 'License', 'Use', etc.

4. Grant of License: Scope of the free license, permitted uses, and any restrictions

5. Intellectual Property Rights: Declaration of ownership and protection of IP rights

6. Acceptable Use: Permitted and prohibited uses of the software

7. User Obligations: User responsibilities and compliance requirements

8. Disclaimer of Warranties: Warranty limitations in compliance with SA Consumer Protection Act

9. Limitation of Liability: Extent of liability limitations under SA law

10. Termination: Conditions for license termination and consequences

11. Governing Law: Application of South African law and jurisdiction

12. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Data Protection: POPIA compliance terms - required if software collects or processes personal information

2. Third-Party Software: Terms regarding third-party components - needed if software includes third-party elements

3. Export Controls: Export restriction clauses - needed if software has international distribution

4. Update Policy: Terms regarding software updates - needed if updates will be provided

5. Technical Support: Support terms - include if any technical support is offered

6. User Content: Terms regarding user-generated content - needed if software allows content creation/sharing

7. Feedback License: Terms for user feedback - include if accepting user suggestions/feedback

Suggested Schedules

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

2. Schedule 2: System Requirements: Minimum technical requirements for software operation

3. Schedule 3: Privacy Policy: Detailed privacy policy if personal information is collected

4. Schedule 4: Third-Party Licenses: List of third-party software components and their respective licenses

5. Schedule 5: Additional Restrictions: Country-specific restrictions or requirements

Authors

Alex Denne

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

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Relevant Industries

Technology

Software Development

Gaming

Education

Healthcare

Financial Services

E-commerce

Media & Entertainment

Non-profit

Research & Development

Professional Services

Telecommunications

Relevant Teams

Legal

Software Development

Compliance

Product Management

Information Technology

Risk Management

Corporate Affairs

Intellectual Property

Data Protection

Quality Assurance

Relevant Roles

Software Developer

Legal Counsel

Compliance Officer

Product Manager

IT Director

Chief Technology Officer

Chief Legal Officer

Software Development Manager

Intellectual Property Lawyer

Privacy Officer

Risk Manager

General Counsel

Product Owner

Release Manager

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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