Are Australian Consumer Law guarantees mandatory in a software EULA?

Yes. The consumer guarantees under the Australian Consumer Law (ACL), set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), cannot be excluded, restricted, or modified by contract where the software is supplied to a consumer as defined in s3 of the ACL. The ACL was amended in 2021 to expressly provide that digital products — including software, apps, and digital services — are subject to the same consumer guarantees as physical goods. Under s54 of the ACL, software must be of acceptable quality (safe, durable, acceptable in appearance and finish, free from defects, and fit for purpose). Under s55, it must be fit for any particular purpose that the consumer made known to the supplier before purchase. If there is a major failure — meaning the software has a problem that would have prevented purchase if the consumer had known about it, or it is substantially unfit for purpose and cannot easily be fixed — the consumer is entitled to choose a refund for the unused portion or compensation. A EULA that purports to exclude these rights is void to the extent of the exclusion under s64 of the ACL.

What privacy obligations apply to software developers collecting Australian user data?

Software developers who collect personal information from Australian users must comply with the Privacy Act 1988 (Cth) and the thirteen Australian Privacy Principles (APPs). The Privacy Act applies to organisations with an annual turnover exceeding AUD $3 million, as well as smaller businesses in certain circumstances (such as health service providers or businesses that trade in personal information). Under APP 1, organisations must have a clearly expressed and up-to-date Privacy Policy. Under APP 3, personal information may only be collected for a lawful purpose that is directly related to the organisation's functions. APP 6 restricts use and disclosure of personal information to the purpose for which it was collected, unless an exception applies. APP 11 requires reasonable security measures to protect personal information from misuse, interference, loss, and unauthorised access. Developers should also note that the Privacy and Other Legislation Amendment Act 2024 introduced significant reforms including substantially increased civil penalties — up to the greater of AUD $50 million, three times the benefit obtained, or 30% of adjusted turnover — for serious or repeated privacy breaches, reflecting the government's stronger enforcement stance on data privacy.

Can a software developer lawfully prevent reverse engineering under Australian law?

A EULA clause prohibiting reverse engineering is generally enforceable in Australia, but it is subject to an important statutory limitation. Section 47D of the Copyright Act 1968 (Cth) provides that it is not an infringement of copyright to reproduce or adapt a computer program if: the reproduction or adaptation is made by or on behalf of the owner or licensee of a lawfully obtained copy of the program; the purpose is to obtain information necessary to achieve interoperability of an independently created computer program with the program or any other program; and the information necessary to achieve the interoperability has not previously been made available to the person. This statutory right cannot be overridden by contract under s47H of the Copyright Act 1968 (Cth). A EULA may therefore lawfully prohibit reverse engineering for most purposes (such as to create a competing product or to understand the software's source code for commercial advantage), but cannot prevent reverse engineering conducted purely to achieve interoperability. Software developers should be aware of this limitation and should not attempt to contractually exclude s47D, as such a provision would be void.

How does a subscription EULA work — what happens if a user stops paying?

A subscription-based EULA grants the end user a licence to use the software only for the period covered by a paid subscription. If the end user stops paying the subscription fee (whether by cancelling, having a payment fail, or otherwise), the licence automatically expires at the end of the last paid period and the end user loses the right to use the software. The EULA should clearly specify: the billing cycle (monthly or annual), the automatic renewal mechanism, how many days' notice is required to cancel before the next renewal, the grace period (if any) after a failed payment before access is suspended, and the process for reactivating the licence. Under the Australian Consumer Law, the developer should require that subscription terms are prominently disclosed before purchase — failure to adequately disclose automatic renewal terms may expose the developer to claims of misleading or deceptive conduct under s18 of the ACL or unconscionable conduct under s21 of the ACL. The Australian Competition and Consumer Commission (ACCC) has actively targeted subscription trap practices and unclear cancellation terms in recent enforcement actions.

Does a EULA need to comply with the Spam Act 2003 (Cth) for marketing communications?

Yes, if the software developer intends to send commercial electronic messages to end users — such as promotional emails, in-app marketing, or product update communications — those communications must comply with the Spam Act 2003 (Cth). Under the Spam Act, commercial electronic messages must be sent only to recipients who have given express or inferred consent, must clearly identify the sender, and must include a functional unsubscribe mechanism that is honoured within five business days. Consent obtained through a EULA or registration process may constitute express consent provided the consent provision is clear, specific, and not bundled with unrelated consents. A blanket tick-box agreeing to all terms of a EULA may not constitute valid consent for marketing communications if the consent to receive marketing is not separately and clearly disclosed. The Australian Communications and Media Authority (ACMA) enforces the Spam Act and can impose significant civil penalties for breaches. Software developers should review the ACMA's guidance and, where in doubt, implement a double opt-in mechanism for marketing communications.

End User Licence Agreement — EULA (Australia)

End User Licence Agreement (EULA) (Australia)

IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE INSTALLING, ACCESSING, OR USING THE SOFTWARE. BY INSTALLING, DOWNLOADING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.

This End User Licence Agreement (the "Agreement") is entered into as of [Effective Date] between:

[Developer Name] (ABN [Developer ABN]) of [Developer Street Address], [Developer Suburb] [Developer State] [Developer Postcode], email: [Developer Email] (the "Developer"); and

The individual or entity that installs, accesses, or uses the Software (the "End User" or "you").

1. DEFINITIONS

In this Agreement:

"ACL" means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

"Documentation" means any user manuals, help files, and technical documentation provided by the Developer for the Software.

"GST" means goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

"Intellectual Property Rights" means all copyright, trade marks, patents, designs, database rights, trade secrets, know-how, and all other intellectual property rights, whether registered or unregistered, in Australia and worldwide.

"Software" means [Software Name] — [Software Description] — including any updates, upgrades, patches, or new versions provided by the Developer.

"Update" means a correction, patch, upgrade, or new version of the Software made available by the Developer from time to time.

2. LICENCE GRANT

2.1 Subject to the terms and conditions of this Agreement, the Developer grants to the End User a limited, non-exclusive, non-transferable, revocable licence to:

install and use the Software on [Permitted Installations];
use the Software on the following platforms: [Supported Platforms]; and
use the Documentation solely in connection with the permitted use of the Software.

2.2 The licence granted in clause 2.1 is [Licence Model].

2.3 The End User must not:

copy, reproduce, modify, adapt, translate, or create derivative works of the Software, except to the extent permitted by law;
reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent that this restriction is prohibited by applicable law under s47D of the Copyright Act 1968 (Cth);
rent, lease, loan, sell, sublicence, assign, or otherwise transfer the Software or this licence to any third party without the Developer's prior written consent;
remove, alter, or obscure any copyright, trade mark, or other proprietary notice on the Software or Documentation; or
use the Software in any unlawful manner or for any unlawful purpose.

4. LICENCE FEES AND PAYMENT

4.1 The End User must pay the licence fee of [Licence Fee], payable [Billing Cycle].

4.2 All fees are in Australian dollars (AUD). GST will be charged in addition where applicable, and the Developer will issue a valid tax invoice for each taxable supply.

4.3 Subscription fees are billed in advance. The licence renews automatically at the end of each billing period unless the End User cancels at least [Cancellation Notice Period] before the renewal date.

4.4 Refund policy: [Refund Policy]. This refund policy is in addition to, and does not limit, the End User's rights under the ACL.

5. AUSTRALIAN CONSUMER LAW — CONSUMER GUARANTEES

5.1 The Software comes with guarantees that cannot be excluded under the ACL. For major failures with the service, the End User is entitled to cancel the supply and receive a refund for the unused portion of the licence, or to receive compensation for the reduction in value of what was supplied. If the failure does not amount to a major failure, the End User is entitled to have the problem fixed.

5.2 The consumer guarantees under the ACL apply to the extent that the End User acquires the Software as a consumer within the meaning of s3 of the ACL.

5.3 To make a consumer guarantee claim, the End User must contact the Developer at [Developer Email].

5.4 Nothing in this Agreement is intended to exclude, restrict, or modify any right or remedy available to the End User under the ACL or any other applicable Australian law that cannot be excluded, restricted, or modified by agreement.

6. INTELLECTUAL PROPERTY

6.1 The Software, Documentation, and all Intellectual Property Rights in them are and remain the exclusive property of the Developer. The Developer reserves all rights not expressly granted in this Agreement.

6.2 This Agreement does not transfer any Intellectual Property Rights to the End User. The End User acquires only the limited rights expressly granted in clause 2.

6.3 The Developer's trade marks, service marks, logos, and product names are the property of the Developer and may not be used without the Developer's prior written consent.

7. UPDATES AND SUPPORT

7.1 The Developer may, at its discretion, provide Updates to the Software. Updates, when provided, are subject to this Agreement unless accompanied by a separate licence agreement.

7.2 The Developer may require the End User to install Updates as a condition of continued use of the Software. The Developer reserves the right to cease support for earlier versions of the Software.

7.3 The Developer is not obliged to provide technical support unless a separate support agreement is entered into with the End User.

8. DATA COLLECTION AND PRIVACY

8.1 The Developer collects and processes the following categories of personal information: [Data Collected].

8.2 The Developer uses that information for the following purposes: [Data Use Purpose].

8.3 The Developer handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). For full details of how personal information is collected, used, disclosed, and how to access or correct it, please refer to the Developer's Privacy Policy at [Privacy Policy URL].

8.4 To the extent the Software is used by the End User to process personal information of the End User's own customers or end users, the End User is responsible for obtaining all necessary consents and complying with the Privacy Act 1988 (Cth) and all applicable privacy laws.

9. LIMITATION OF LIABILITY AND DISCLAIMER

9.1 To the maximum extent permitted by law, the Developer excludes all liability for any loss, damage, cost, or expense — whether direct, indirect, consequential, special, or punitive — arising from the End User's use of, or inability to use, the Software, including loss of data, loss of revenue, or loss of business opportunity.

9.2 Where the Developer's liability cannot be excluded under the ACL or any other applicable law, the Developer's liability to consumers is limited (at the Developer's option) to: (a) resupply of the Software or equivalent; (b) repair of the Software; or (c) payment of the cost of having the Software repaired or resupplied.

9.3 The Software is provided 'as is'. To the maximum extent permitted by law, the Developer makes no representations or warranties regarding the accuracy, reliability, or fitness of the Software for any particular purpose.

9.4 The Developer does not warrant that the Software will be error-free or uninterrupted, or that any defects will be corrected within a particular timeframe.

10. TERM AND TERMINATION

10.1 This Agreement commences on [Effective Date] and continues [Licence Term], unless earlier terminated under this clause.

10.2 The End User may terminate this Agreement at any time by uninstalling the Software from all devices and ceasing all use of the Software.

10.3 The Developer may terminate this Agreement immediately by written notice (including email to the End User's registered account) if the End User:

breaches any term of this Agreement and fails to remedy that breach within 14 days of the Developer's notice;
uses the Software in a manner that infringes the Developer's Intellectual Property Rights or any third party's rights; or
becomes insolvent, bankrupt, or enters into a composition or arrangement with creditors.

10.4 Upon termination for any reason, the End User must immediately cease all use of the Software and delete all copies of the Software from all devices.

10.5 Clauses 6, 8, 9, and 11 survive the termination or expiry of this Agreement.

11. GENERAL PROVISIONS

11.1 Governing law: This Agreement is governed by the laws of [Governing State], Australia. Each Party submits to the non-exclusive jurisdiction of the courts of [Governing State] and any courts competent to hear appeals from those courts.

11.2 Entire agreement: This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes all prior agreements, representations, and understandings. In the event of any inconsistency between this Agreement and any other terms or policies, this Agreement prevails unless otherwise agreed in writing.

11.3 Variation: The Developer may update this Agreement from time to time. The Developer will notify the End User by email or in-app notification at least 30 days before the changes take effect. Continued use of the Software after the effective date of an update constitutes acceptance of the updated terms.

11.4 Severability: If any provision of this Agreement is void, invalid, or unenforceable, that provision is severed and the remaining provisions continue in full force.

11.5 Waiver: A failure to exercise or delay in exercising a right under this Agreement does not constitute a waiver of that right.

11.6 Contact: Questions about this Agreement, consumer guarantee claims, or privacy matters may be directed to [Developer Name] at [Developer Email].

BY INSTALLING OR USING THE SOFTWARE, THE END USER ACKNOWLEDGES HAVING READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT.

Developer: [Developer Name]

ABN: [Developer ABN]

Effective Date: [Effective Date]

Developer

________________

Signature

Date: ________________

Maintained by Vladislav Sergienko, Founder·Template last modified: 2026-06-23·Report an error

What Is a End User Licence Agreement — EULA (Australia)?

An End User Licence Agreement — EULA in Australia grants a licensee permission to use specified software on defined terms, fees, and territory while the owner retains ownership under the Corporations Act 2001 (Cth).

In Australia, software is protected by copyright under the Copyright Act 1968 (Cth). A computer program is a literary work and copyright arises automatically upon creation without any requirement for registration. The developer's exclusive rights under s31 of the Copyright Act include the right to reproduce, publish, communicate, and adapt the software. Without a EULA, end users would have no legal right to use the software other than what is implied by the act of purchasing or downloading it, and the boundaries of permitted use would be unclear.

Australian EULAs must also comply with a body of consumer protection law that does not exist in the same form in many other jurisdictions. The Australian Consumer Law (ACL), set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides mandatory consumer guarantees for digital products that cannot be excluded by contract. Software acquired by a consumer must be of acceptable quality, fit for purpose, and match any description or sample provided. A EULA cannot contract out of these guarantees — any clause purporting to exclude ACL rights is void.

Data privacy is another critical compliance layer for Australian software developers. The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) impose obligations on how personal information collected through software is handled, stored, and disclosed. A EULA should cross-reference the developer's Privacy Policy and summarise what data is collected and how it is used.

The legal framework governing the End User Licence Agreement — EULA (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a End User Licence Agreement — EULA (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Corporations Act 2001 (Cth) sets the foundational requirements.

When Do You Need a End User Licence Agreement — EULA (Australia)?

An End User Licence Agreement is needed by any business or individual that develops and distributes software, applications, or other digital products — regardless of whether the software is sold commercially or offered for free. The EULA is the primary mechanism by which the developer retains legal control over how the software is used and protects its intellectual property.

Commercial software publishers distributing desktop, server, or enterprise software need a EULA to define permitted use, restrict the number of installations, prohibit reverse engineering, and limit the publisher's liability. Mobile app developers distributing iOS or Android applications through app stores require a EULA to govern the relationship with each download user, even where the app is free to download. SaaS (Software as a Service) providers delivering cloud-based business applications need a EULA combined with terms of service to govern subscriptions, data handling, service availability, and cancellation rights.

Developers of gaming software, creative tools, productivity applications, and professional software all rely on EULAs to protect their code from being copied, redistributed, or reverse engineered. Open source developers may use an open source licence instead of a commercial EULA, but those offering commercial products on top of open source foundations will generally need a EULA for the commercial components.

The Australian market has specific requirements that make an Australian-compliant EULA essential for any software offered to Australian consumers. The mandatory consumer guarantees under the ACL apply to digital products and cannot be excluded. The Privacy Act 1988 (Cth) imposes obligations specific to Australian personal information handling. The Spam Act 2003 (Cth) governs any commercial electronic communications sent to end users. Without a properly drafted Australian EULA, developers may unknowingly expose themselves to regulatory liability and consumer claims that are not covered by generic international EULAs.

What to Include in Your End User Licence Agreement — EULA (Australia)

A well-drafted Australian EULA must address several key elements to protect the developer and provide clarity to end users.

Licence grant and scope: The EULA must clearly state what rights are granted — the number of permitted installations or users, the platforms on which the software may be used, and the purposes for which it may be used. The licence should be described as non-exclusive and non-transferable to prevent the end user from sharing or selling access.

Licence model: The EULA should clearly identify whether the licence is perpetual (one-off purchase), subscription-based (renewed periodically), freemium (free basic with paid upgrades), or a time-limited trial. Subscription terms should include billing cycle, automatic renewal, and cancellation notice requirements.

Restrictions on use: The EULA must set out what the end user is not permitted to do, including copying, modifying, reverse engineering (subject to s47D of the Copyright Act 1968), sublicencing, and reselling the software.

Australian Consumer Law compliance: The EULA must acknowledge the consumer guarantees under the ACL that cannot be excluded, and provide contact details for consumer guarantee claims. Any limitation of liability clause must carve out ACL rights.

Data privacy: The EULA must disclose what personal information the software collects, the purpose of collection, and reference the developer's Privacy Policy in compliance with APP 1 of the Privacy Act 1988 (Cth). If user data is shared with third-party service providers, this should be disclosed.

Intellectual property ownership: The EULA should make clear that the developer retains all IP rights in the software and that the end user acquires no ownership interest.

Termination: The EULA should specify when the developer may terminate the licence (including for breach, non-payment, or insolvency), what notice is required, and what the end user must do after termination (such as deleting all copies).

Governing law: Australian courts will apply the law of the nominated Australian state or territory. Identifying the governing law provides certainty in the event of a dispute.

Additional compliance elements for a End User Licence Agreement — EULA (Australia) used in Australia include: Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.

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APA

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BibTeX

@misc{formslegal-end-user-licence-agreement-australia,
  author       = {{Forms Legal}},
  title        = {End User Licence Agreement — EULA (Australia) (Australia)},
  year         = {2026},
  howpublished = {\url{https://forms-legal.com/australia/business/intellectual-property/end-user-licence-agreement-australia}},
  note         = {Free legal document template. Based on Corporations Act 2001 (Cth)}
}

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Frequently Asked Questions

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This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer

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