This Shared Software License agreement is designed for use in situations where software needs to be licensed to multiple parties under Australian law. The document is particularly useful when organizations need to establish consistent terms for multiple users of the same software platform or system. It includes comprehensive provisions for intellectual property protection, usage rights, support services, and liability limitations, all aligned with Australian legal requirements. The agreement is structured to accommodate various licensing models while ensuring compliance with relevant legislation including the Copyright Act 1968, Privacy Act 1988, and Competition and Consumer Act 2010. This document is essential for businesses operating in Australia that need to establish clear, legally compliant terms for shared software usage across multiple users or organizations.
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1. Parties: Identification of all parties to the agreement, including licensors and licensees
2. Background: Context of the agreement, nature of the software, and purpose of the licensing arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement
4. License Grant: Scope and nature of the license, including usage rights and restrictions
5. Term and Termination: Duration of the license and conditions for termination
6. Payment Terms: License fees, payment schedule, and related financial terms
7. Intellectual Property Rights: Statement of ownership and IP rights protection
8. Warranties and Representations: Warranties regarding software functionality and performance
9. Limitation of Liability: Limits on liability and disclaimers
10. Confidentiality: Protection of confidential information and trade secrets
11. Support and Maintenance: Terms for technical support and software updates
12. Dispute Resolution: Procedures for handling disputes under Australian law
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Data Protection and Privacy: Required when the software processes personal data or is subject to privacy laws
2. Third-Party Software: Needed when the licensed software incorporates third-party components
3. Export Controls: Required for software with international distribution
4. Source Code Escrow: Optional provision for source code protection and access
5. Service Level Agreement: Required when specific performance metrics are guaranteed
6. Training and Implementation: Needed when the license includes implementation services
7. Audit Rights: Optional section for usage monitoring and compliance verification
8. Territory Restrictions: Required when the license is geographically restricted
1. Schedule A - Software Description: Detailed description of the licensed software and its components
2. Schedule B - License Fees: Detailed breakdown of licensing costs and payment structure
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule D - Support Services: Detailed description of support and maintenance services
5. Schedule E - Service Levels: Performance metrics and service level commitments
6. Appendix 1 - Authorized Users: List of authorized users or user categories
7. Appendix 2 - Acceptable Use Policy: Rules and guidelines for software usage
8. Appendix 3 - Data Processing Terms: Specific terms related to data processing and privacy compliance
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