This On-Premise Software License Agreement is designed for use in the Australian market when a software provider wishes to license software for installation and use on a customer's local infrastructure. The agreement is structured to comply with Australian federal and state legislation, including the Competition and Consumer Act 2010 (Cth), Privacy Act 1988 (Cth), and Copyright Act 1968 (Cth). It should be used when software is being licensed for installation on the customer's own servers or infrastructure, rather than being provided as a cloud service. The agreement includes comprehensive terms covering license scope, usage rights, technical requirements, maintenance and support, warranties, and commercial terms, while ensuring compliance with Australian consumer protection laws and privacy regulations.
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1. Parties: Identifies and provides details of the licensor and licensee
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope, nature, and limitations of the software license
5. License Restrictions: Details prohibited uses and activities related to the software
6. Intellectual Property Rights: Establishes ownership of IP and protected materials
7. License Fees and Payment: Specifies payment terms, fees, and payment schedules
8. Installation and Acceptance: Outlines the process for software installation and acceptance criteria
9. Technical Requirements: Specifies minimum system requirements and technical specifications
10. Maintenance and Support: Details the support services provided and service levels
11. Warranties and Disclaimers: Sets out warranties provided and limitations of liability
12. Term and Termination: Specifies duration, renewal terms, and termination conditions
13. Confidentiality: Governs the handling of confidential information
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Data Protection and Privacy: Required if the software processes personal data or when specific privacy compliance is needed
2. Disaster Recovery: Include when business continuity is critical or for enterprise software
3. Audit Rights: Add for licenses where usage monitoring is important or compliance verification is needed
4. Source Code Escrow: Include when source code access might be needed in specific circumstances
5. Professional Services: Add if implementation or configuration services are provided
6. Third Party Software: Include if the software incorporates third-party components
7. Export Controls: Required if software is subject to export regulations
8. Insurance: Include for high-value or high-risk implementations
1. Schedule 1 - Software Description: Detailed description of the licensed software and its components
2. Schedule 2 - Technical Specifications: Detailed technical requirements and specifications
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment structure
4. Schedule 4 - Support Services: Detailed description of support services and service levels
5. Schedule 5 - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
6. Appendix A - Installation Requirements: Detailed installation and implementation requirements
7. Appendix B - Security Requirements: Security standards and requirements for software use
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