The Platform License Agreement is a crucial document used when a software or technology platform provider wishes to grant access and usage rights to their platform while protecting their intellectual property and establishing clear operational parameters. This agreement, governed by New Zealand law, outlines the commercial and technical relationship between the platform provider and users, covering essential elements such as service levels, data protection, user obligations, and compliance requirements. It incorporates specific considerations for New Zealand's regulatory framework, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Fair Trading Act 1986. The document is particularly important in the current digital economy where platforms form the backbone of many business operations and require clear legal frameworks for their use and implementation.
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1. Parties: Identifies the licensor and licensee, including their legal names, addresses, and company details
2. Background: Provides context for the agreement and describes the platform and its intended use
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope, nature, and limitations of the license being granted
5. Platform Access and Use: Details the terms of platform access, permitted uses, and user obligations
6. Fees and Payment: Outlines the pricing structure, payment terms, and billing procedures
7. Intellectual Property Rights: Establishes ownership of IP and protects the licensor's rights
8. Data Protection and Privacy: Addresses data handling, privacy obligations, and compliance with privacy laws
9. Confidentiality: Defines confidential information and obligations regarding its protection
10. Service Levels: Specifies platform availability, performance standards, and support services
11. Term and Termination: Details the agreement duration, renewal terms, and termination rights
12. Warranties and Disclaimers: States warranties provided and limitations of liability
13. Indemnification: Outlines mutual indemnification obligations
14. General Provisions: Contains standard legal provisions including governing law, notices, and assignment
1. User Generated Content: Include when the platform allows users to create and share content
2. Third-Party Integrations: Include when the platform interfaces with third-party services or applications
3. Security Requirements: Include for platforms handling sensitive data or requiring specific security protocols
4. Disaster Recovery: Include for business-critical applications requiring detailed recovery procedures
5. Professional Services: Include if implementation, training, or consulting services are provided
6. White Labeling: Include if platform can be rebranded for licensee's use
7. Revenue Sharing: Include if there's a revenue-sharing model between parties
8. Geographic Restrictions: Include if platform use is restricted to specific territories
1. Schedule 1 - Platform Specifications: Detailed technical specifications and functionality of the platform
2. Schedule 2 - Service Level Agreement: Detailed service levels, support hours, and response times
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
4. Schedule 4 - Security Standards: Specific security requirements and compliance standards
5. Schedule 5 - Support Services: Details of support services, maintenance, and upgrades
6. Schedule 6 - Data Processing Agreement: Detailed terms for processing personal data
7. Appendix A - Acceptable Use Policy: Specific rules and restrictions for platform use
8. Appendix B - Implementation Plan: Timeline and milestones for platform implementation
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software as a Service
E-commerce
Financial Services
Healthcare
Education
Professional Services
Manufacturing
Retail
Telecommunications
Media and Entertainment
Insurance
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Risk and Compliance
Operations
Commercial
Privacy
Digital
Vendor Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Commercial Manager
Chief Information Officer
Chief Information Security Officer
Privacy Officer
Contract Manager
Software Licensing Manager
Platform Manager
Technology Risk Manager
Vendor Management Officer
Operations Director
Digital Transformation Manager
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