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On Premise Software Licence Agreement for the United Kingdom

On Premise Software Licence Agreement Template for England and Wales

An On Premise Software Licence Agreement is a legal contract governed by the laws of England and Wales that establishes the terms and conditions under which software is licensed for use on the customer's own infrastructure, rather than being accessed as a cloud service. The agreement covers key aspects including licence scope, usage rights, restrictions, intellectual property protection, warranties, and support terms. It provides the framework for the relationship between the software vendor and the customer while ensuring compliance with relevant UK legislation including copyright, data protection, and consumer protection laws.

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On Premise Software Licence Agreement

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What is a On Premise Software Licence Agreement?

The On Premise Software Licence Agreement is essential when a software vendor wishes to license their software product for installation and use on a customer's local infrastructure. This agreement is particularly relevant in situations where data security, regulatory compliance, or operational requirements necessitate local software deployment rather than cloud-based solutions. The agreement, governed by English and Welsh law, comprehensively addresses licence scope, usage rights, intellectual property protection, maintenance, support, and compliance with UK regulatory requirements. It serves as the primary legal framework protecting both the vendor's intellectual property rights and the customer's usage rights.

What sections should be included in a On Premise Software Licence Agreement?

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement and brief description of the software

3. Definitions: Key terms used throughout the agreement

4. Licence Grant: Scope and nature of the software licence, including permitted uses and users

5. Licence Restrictions: Limitations on use of the software and prohibited activities

6. Intellectual Property Rights: Ownership and protection of IP rights in the software and related materials

7. Payment Terms: Licence fees, payment conditions, and any additional charges

8. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

9. Warranties and Indemnities: Software performance guarantees and protection against third-party claims

10. Liability: Limitations and exclusions of liability

11. Confidentiality: Protection of confidential information and trade secrets

12. General: Standard boilerplate provisions including governing law, jurisdiction, and entire agreement

What sections are optional to include in a On Premise Software Licence Agreement?

1. Professional Services: Implementation, training, and support services provided alongside the software

2. Service Levels: Performance standards, metrics, and remedies for failure to meet agreed levels

3. Data Processing: Data protection obligations and compliance with privacy laws

4. Export Controls: Compliance with export regulations and restrictions

5. Source Code Escrow: Provisions for source code deposit and release conditions

What schedules should be included in a On Premise Software Licence Agreement?

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software

2. Schedule 2 - Licence Fees: Detailed pricing structure, payment terms and calculation methods

3. Schedule 3 - Support Services: Scope and specification of support and maintenance services

4. Schedule 4 - Service Level Agreement: Detailed performance metrics, measurement methods and service credits

5. Schedule 5 - Data Processing Agreement: Detailed data protection obligations, procedures and safeguards

6. Schedule 6 - Technical Requirements: Minimum system requirements and technical specifications for software operation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

License Agreement

Cost

Free to use
Relevant legal definitions







































Clauses



































Industries

Copyright, Designs and Patents Act 1988: Primary legislation governing software protection as literary work, rights of copyright holders, and permitted acts and limitations

Data Protection Act 2018 and UK GDPR: Legislation covering software's handling of personal data, data protection obligations, and cross-border data transfers

Consumer Rights Act 2015: Legislation applicable when licensing to consumers, covering statutory rights, remedies, and unfair contract terms

Computer Misuse Act 1990: Legislation addressing unauthorized access, security provisions, and anti-hacking measures for software systems

Unfair Contract Terms Act 1977: Contract law legislation governing unfair terms in contracts and limitations of liability

Misrepresentation Act 1967: Legislation dealing with false statements and misrepresentations made during contract formation

Competition Law: Legal framework governing anti-competitive practices and restrictions of trade in software licensing

Export Control Laws: Regulations governing international distribution of software, particularly those containing encryption technologies

Database Rights: Legal protection for databases and structured data collections within or accessed by the software

Electronic Commerce Regulations 2002: Regulations governing electronic distribution of software and related information requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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