This Commercial Software License Agreement template is designed for use under Irish law when a software provider wishes to license their software products to business customers. It incorporates essential elements required by Irish commercial law and EU regulations, including GDPR compliance, consumer protection measures, and intellectual property protections. The document is particularly suitable for both Irish domestic and international transactions where Irish law is the governing law. It covers critical aspects such as license grants, usage restrictions, fees, maintenance, warranties, and liability limitations. This template can be customized based on the software type, whether it's installed on-premises or provided as a hosted solution, and whether additional services such as maintenance and support are included. The agreement ensures protection of the licensor's intellectual property rights while providing the licensee with clear terms of use and necessary warranties.
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1. Parties: Identification of licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, nature of the software, and general purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of license, usage rights, restrictions, and territory limitations
5. License Fees: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of improvements
7. Licensee Obligations: Requirements for software use, security measures, and usage restrictions
8. Term and Termination: Duration of agreement, renewal terms, and termination rights
9. Warranties and Representations: Software performance warranties, IP warranties, and compliance guarantees
10. Limitation of Liability: Caps on liability and exclusions of certain types of damages
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data handling requirements
13. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Maintenance and Support: Terms for ongoing software maintenance and technical support - include if support services are part of the agreement
2. Service Levels: Performance metrics and service level commitments - relevant for hosted or SaaS solutions
3. Professional Services: Terms for implementation, training, or consulting services - include if additional services are provided
4. Hardware Requirements: Specifications for required hardware - include if software has specific hardware dependencies
5. Escrow Arrangements: Source code escrow terms - include for business-critical software
6. Audit Rights: Terms for usage and compliance audits - include for high-value licenses
7. Export Control: Export compliance requirements - include if international usage is contemplated
8. Disaster Recovery: Business continuity requirements - include for critical enterprise software
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Technical Requirements: Technical specifications, system requirements, and compatibility information
3. Schedule 3 - License Fees and Payment Terms: Detailed fee structure, payment schedule, and pricing terms
4. Schedule 4 - Service Level Agreement: Detailed service levels, metrics, and remedies for hosted solutions
5. Schedule 5 - Support Services: Description of support levels, response times, and escalation procedures
6. Schedule 6 - Approved Subcontractors: List of approved third-party providers and subcontractors
7. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for software usage
8. Appendix B - Security Requirements: Security standards and requirements for software implementation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Telecommunications
Media and Entertainment
Government and Public Sector
Logistics and Transportation
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Information Security
Risk Management
Vendor Management
Operations
Software Development
Contract Administration
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software License Manager
Compliance Officer
Information Security Officer
Contract Manager
Chief Information Officer
Technology Procurement Specialist
Legal Operations Manager
Software Asset Manager
Risk Manager
Vendor Management Officer
Chief Financial Officer
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