This Software License agreement template is designed for use under New Zealand law to establish legally binding terms for software licensing arrangements. It is suitable for both domestic and international licensing transactions, providing comprehensive coverage of essential elements including license grants, usage rights, intellectual property protection, and compliance requirements. The document incorporates provisions that align with New Zealand's legal framework, particularly the Copyright Act 1994, Contract and Commercial Law Act 2017, and Privacy Act 2020. It can be customized for various licensing scenarios, from individual user licenses to enterprise-wide deployments, and includes options for support services, maintenance, and software updates.
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Key Requirements PROMPT example:
Software License
"I need a Software License agreement for enterprise-level accounting software that will be deployed across multiple offices in New Zealand and Australia, including provisions for regular updates and maintenance starting from March 2025."
1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions
5. License Fees: Payment terms, fee structure, and payment schedules
6. Intellectual Property Rights: Assertion of ownership and IP rights in the software
7. Use Restrictions: Specific limitations on use, copying, modification, and distribution
8. User Obligations: Licensee's responsibilities regarding software use and security
9. Support and Maintenance: Terms of technical support and software updates
10. Warranties and Disclaimers: Software warranties and limitations aligned with NZ consumer law
11. Limitation of Liability: Limits on liability and indemnification provisions
12. Term and Termination: Duration of license and conditions for termination
13. Confidentiality: Protection of confidential information exchanged
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Multi-User License Terms: Additional terms for enterprise or multi-user licensing scenarios
2. Data Protection and Privacy: Specific provisions for software that processes personal data
3. Source Code Escrow: Terms for source code escrow arrangements in critical software deployments
4. Custom Development: Terms for any customization or modification of the software
5. Export Controls: Compliance with export regulations for international licensing
6. Service Level Agreement: Specific performance standards and metrics for software availability
7. Third-Party Software: Terms relating to incorporated third-party software components
8. Training and Implementation: Terms for additional services related to software deployment
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of pricing, payment structure, and terms
3. Schedule 3 - Service Level Requirements: Technical performance metrics and support response times
4. Schedule 4 - Acceptable Use Policy: Detailed rules and guidelines for software usage
5. Schedule 5 - Support and Maintenance Services: Detailed description of support services and maintenance terms
6. Appendix A - Technical Requirements: Minimum system requirements and technical specifications
7. Appendix B - Security Requirements: Security protocols and requirements for software usage
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Professional Services
Education
Manufacturing
Retail
Telecommunications
Government and Public Sector
Media and Entertainment
E-commerce
Consulting Services
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Operations
Software Development
Contract Administration
Commercial Operations
Technical Support
Information Security
Vendor Management
Relevant Roles
Legal Counsel
IT Director
Software Licensing Manager
Procurement Manager
Chief Technology Officer
Compliance Officer
Contract Administrator
Software Asset Manager
Chief Information Officer
Commercial Manager
Legal Operations Manager
Technology Procurement Specialist
IP Rights Manager
Risk Manager
Business Development Manager
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