The Master Software License Agreement (MSLA) is a foundational document used when a software vendor needs to establish a long-term licensing relationship with business customers in Australia. This agreement should be used when implementing enterprise-wide software solutions or establishing ongoing software licensing arrangements that may involve multiple orders over time. It contains comprehensive terms covering license grants, usage restrictions, intellectual property rights, compliance requirements, and support services. The MSLA is designed to comply with Australian legislation, including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant intellectual property laws. It serves as an umbrella agreement under which specific software products can be licensed through separate order forms or statements of work, providing flexibility while maintaining consistent legal terms.
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1. Parties: Identification of the licensor and licensee, including full legal names and registered addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the licensing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, usage rights, and any territorial or user number restrictions
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of infringement claims
7. Fees and Payment: License fees, payment terms, and billing procedures
8. Term and Termination: Duration of agreement, renewal terms, and termination rights and procedures
9. Confidentiality: Protection and handling of confidential information
10. Warranties: Software performance warranties and disclaimers
11. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
12. Data Protection and Privacy: Compliance with privacy laws and data handling requirements
13. General Provisions: Standard legal provisions including governing law, dispute resolution, and entire agreement
1. Professional Services: Include when implementation, configuration, or customization services are part of the arrangement
2. Service Levels: Include when specific performance metrics and service levels are guaranteed
3. Disaster Recovery: Include for critical software implementations requiring specific disaster recovery commitments
4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
5. Third Party Components: Include when the software contains third-party elements requiring separate license terms
6. Export Controls: Include for software subject to export control regulations
7. Insurance: Include when specific insurance coverage requirements are needed
8. Security Requirements: Include when specific security standards or certifications must be maintained
1. Schedule 1 - Licensed Software: Detailed description of licensed software components and modules
2. Schedule 2 - License Fees: Detailed fee structure, including any variable components
3. Schedule 3 - Technical Requirements: Software technical specifications and system requirements
4. Schedule 4 - Support Services: Description of support and maintenance services
5. Schedule 5 - Service Level Agreement: Detailed service levels and performance metrics
6. Appendix A - Authorized Users: Definition and categories of authorized users
7. Appendix B - Acceptable Use Policy: Detailed rules for acceptable use of the software
8. Appendix C - Security Standards: Required security standards and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Government
Professional Services
Telecommunications
Mining and Resources
Construction
Transport and Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Finance
Risk and Compliance
Information Security
Vendor Management
Commercial Operations
Software Asset Management
Enterprise Architecture
Relevant Roles
Chief Information Officer
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Contract Manager
Software Licensing Manager
Vendor Management Director
Chief Financial Officer
Information Security Manager
Risk and Compliance Manager
IT Asset Manager
Chief Legal Officer
Commercial Director
Technology Procurement Specialist
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