The Non-Exclusive Software License Agreement is designed for situations where a software owner (licensor) wishes to grant usage rights to another party (licensee) while retaining the ability to license the same software to others. This document is essential in New Zealand's growing technology sector, providing a legally compliant framework under New Zealand law for software licensing transactions. It includes comprehensive provisions for protecting intellectual property rights, defining usage parameters, establishing payment terms, and outlining support obligations. The agreement is particularly relevant in today's digital economy where software licensing is a common business model, and it incorporates provisions to comply with New Zealand's Copyright Act 1994, Privacy Act 2020, and other relevant legislation. The document is structured to accommodate various licensing scenarios while maintaining clarity and enforceability under New Zealand jurisdiction.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope of the non-exclusive license, permitted uses, and territory restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Term and Termination: Duration of the license, renewal terms, and termination conditions
7. Intellectual Property Rights: Affirmation of licensor's IP ownership and licensee's limited rights
8. Use Restrictions: Specific limitations on use, copying, modification, and distribution
9. Licensee Obligations: Key responsibilities of the licensee in using the software
10. Support and Maintenance: Terms for technical support and software updates
11. Warranties and Disclaimers: Software performance warranties and limitation of warranties
12. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
13. Confidentiality: Protection of confidential information exchanged during the license period
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Third-Party Software: Details of incorporated third-party software and associated terms, used when the software includes third-party components
2. Data Protection: Specific provisions for handling personal data, required when the software processes personal information
3. Source Code Escrow: Terms for source code escrow arrangements, included when agreed upon for business continuity
4. Export Controls: Compliance with export laws, needed when software may be used internationally
5. Professional Services: Terms for additional implementation or consulting services, if provided
6. Service Level Agreement: Specific performance metrics and remedies, included for software-as-a-service arrangements
7. Audit Rights: Terms allowing licensor to audit licensee's usage, included for complex licensing metrics
8. Geographic Restrictions: Specific territorial limitations, included when geographic restrictions apply
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of pricing, payment structure, and terms
3. Schedule 3 - Support and Maintenance Services: Specific support levels, response times, and maintenance procedures
4. Schedule 4 - Service Level Agreement: Technical performance metrics, availability requirements, and remedies
5. Schedule 5 - Acceptable Use Policy: Detailed rules and restrictions for software usage
6. Appendix A - Technical Requirements: Minimum system requirements and technical specifications
7. Appendix B - Security Requirements: Security standards and protocols to be followed
8. Appendix C - Data Processing Terms: Specific terms for handling and processing data when applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Healthcare
Financial Services
Education
Government
Retail
Manufacturing
Professional Services
Telecommunications
Media and Entertainment
Insurance
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Compliance
Commercial
Risk Management
Contract Administration
Business Development
Technical Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
IT Director
Procurement Manager
Contract Manager
Software Development Manager
Chief Information Officer
Commercial Director
Risk Management Officer
Compliance Officer
Business Development Manager
IT Asset Manager
Technology Procurement Specialist
Legal Operations Manager
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