The Unlimited Software License Agreement is designed for situations where organizations require permanent, unrestricted access to software solutions while ensuring legal compliance within the Australian jurisdiction. This document is essential when businesses need to establish a long-term software licensing arrangement without user count or usage restrictions. The agreement comprehensively covers critical aspects including perpetual usage rights, maintenance terms, intellectual property protections, and compliance with Australian legislation. It's particularly suitable for enterprise-wide software deployments or mission-critical applications where continuous, unrestricted access is necessary. The document incorporates provisions for technical support, updates, and maintenance services, while addressing Australian-specific legal requirements including consumer protection, privacy, and electronic transaction laws.
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1. Parties: Identification of the licensor and licensee, including full legal names, registered addresses, and ACN/ABN numbers
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules used throughout the agreement
4. Grant of License: Scope of the unlimited license, including permitted uses, users, and any territorial restrictions
5. License Fees: Payment terms, fee structure, and any ongoing maintenance fees
6. Intellectual Property Rights: Ownership of IP, protection of rights, and restrictions on use
7. Warranties and Representations: Software functionality, performance guarantees, and compliance with laws
8. Support and Maintenance: Terms for ongoing support, updates, and maintenance services
9. Confidentiality: Protection of confidential information and trade secrets
10. Limitation of Liability: Caps on liability and exclusions of certain types of damages
11. Term and Termination: Duration of agreement, termination rights, and post-termination obligations
12. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. Professional Services: Include when implementation, configuration, or training services are required
2. Data Protection and Privacy: Include when the software processes personal data or requires specific privacy compliance
3. Service Level Agreement: Include when specific performance metrics and service levels need to be guaranteed
4. Security Requirements: Include when specific security standards or certifications must be maintained
5. Disaster Recovery: Include when business continuity and disaster recovery procedures are critical
6. Third-Party Software: Include when the software incorporates third-party components or requires third-party licenses
7. Export Control: Include when software is subject to export control regulations
8. Source Code Escrow: Include when source code needs to be held in escrow for business continuity
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed fee structure, payment schedules, and pricing terms
3. Schedule 3 - Support Services: Detailed description of support and maintenance services
4. Schedule 4 - Service Levels: Performance metrics, response times, and service level commitments
5. Schedule 5 - Security Standards: Specific security requirements and compliance standards
6. Appendix A - Authorized Users: List of authorized users or user categories and access levels
7. Appendix B - Technical Requirements: Minimum system requirements and technical specifications
8. Appendix C - Implementation Plan: Timeline and milestones for software implementation if applicable
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