This On Premise Software License Agreement is designed for use in New Zealand when a software provider wishes to license their software product to a customer for installation and use on the customer's own infrastructure. The agreement is essential for any software deployment where the customer will host and operate the software within their own environment, as opposed to accessing it as a cloud service. It incorporates key provisions required under New Zealand law, including compliance with the Copyright Act 1994, Contract and Commercial Law Act 2017, and Privacy Act 2020. The document should be used when providing perpetual or subscription-based licenses for on-premise software installation, and includes comprehensive terms covering installation, usage rights, maintenance, support, warranties, and liability provisions.
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Key Requirements PROMPT example:
On Premise Software License Agreement
"I need an On Premise Software License Agreement for a financial services software product that will be deployed across multiple locations in New Zealand, with strict data security requirements and integration with third-party payment systems."
1. Parties: Identifies the licensor and licensee with full legal names and addresses
2. Background: Sets out the context of the agreement and brief description of the software
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope, nature, and limitations of the software license
5. License Restrictions: Details prohibited actions and usage limitations
6. Intellectual Property Rights: Confirms ownership and protection of IP rights
7. Fees and Payment: Details license fees, payment terms, and payment methods
8. Installation and Acceptance: Outlines the process for software installation and acceptance criteria
9. Warranties: States warranties provided for the software and disclaimers
10. Support and Maintenance: Describes standard support and maintenance services
11. Confidentiality: Protects confidential information of both parties
12. Liability and Indemnification: Sets out liability limitations and indemnification obligations
13. Term and Termination: Specifies agreement duration and termination circumstances
14. General Provisions: Includes standard boilerplate clauses like governing law, notices, and assignment
1. Professional Services: Include when implementation, configuration, or training services are provided
2. Service Levels: Include when specific performance metrics and service levels are guaranteed
3. Disaster Recovery: Include when business continuity requirements are critical
4. Security Requirements: Include when specific security standards or compliance are required
5. Third-Party Software: Include when third-party software components are part of the solution
6. Hardware Requirements: Include when specific hardware is required or provided
7. Data Protection: Include when personal data processing is involved
8. Export Controls: Include when software is subject to export regulations
9. Source Code Escrow: Include when source code escrow arrangements are required
1. Schedule 1 - Software Description: Detailed description of the licensed software and components
2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule 3 - License Fees: Detailed breakdown of all applicable fees and payment schedules
4. Schedule 4 - Support Services: Detailed support and maintenance terms, including SLAs if applicable
5. Schedule 5 - Acceptance Testing: Acceptance testing procedures and criteria
6. Appendix A - Authorized Users: Definition and limitations of authorized users
7. Appendix B - Permitted Locations: Approved locations for software installation and use
8. Appendix C - Support Contact Details: Contact information for support and escalation procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
Telecommunications
Insurance
Banking
Energy
Transport and Logistics
Construction
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Information Security
Finance
Operations
Vendor Management
Software Asset Management
Relevant Roles
Chief Technology Officer
IT Director
Software Licensing Manager
Procurement Manager
Legal Counsel
Contracts Manager
Information Security Officer
Risk Manager
Compliance Officer
Software Asset Manager
IT Operations Manager
Chief Information Officer
Commercial Director
Enterprise Architect
Vendor Management Officer
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