The Software Usage Agreement serves as the primary legal framework governing the relationship between software providers and users in New Zealand. This document is essential when deploying software solutions, whether for individual users, businesses, or enterprise customers. It incorporates requirements from key New Zealand legislation, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Consumer Guarantees Act 1993. The agreement typically covers licensing terms, usage rights, data protection, service levels, support provisions, and compliance requirements. It's designed to protect both the intellectual property rights of the software provider and the interests of users while ensuring clear guidelines for software deployment and usage.
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1. Parties: Identification of the software provider/licensor and the user/licensee
2. Background: Context of the agreement, brief description of the software, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the software license, usage rights, and restrictions
5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
6. User Obligations: User responsibilities, acceptable use policies, and compliance requirements
7. Fees and Payment: License fees, payment terms, and billing procedures
8. Intellectual Property Rights: Ownership of IP, protection of rights, and restrictions on use
9. Data Protection and Privacy: Compliance with Privacy Act 2020, data handling procedures, and privacy obligations
10. Warranties and Disclaimers: Software warranties, service levels, and limitation of warranties
11. Limitation of Liability: Liability caps, exclusions, and indemnification provisions
12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Service Level Agreement: Detailed service levels and performance metrics - include for software provided as a service
2. Professional Services: Terms for additional services like implementation, training, or customization - include if professional services are offered
3. Third-Party Components: Terms relating to third-party software or integrations - include if the software incorporates third-party elements
4. Data Processing Agreement: Detailed data processing terms - include if processing personal data as a processor
5. Security Requirements: Specific security standards and compliance requirements - include for enterprise or sensitive data applications
6. High Availability and Disaster Recovery: Terms for system availability and recovery procedures - include for business-critical applications
1. Schedule 1 - Software Description: Detailed description of the software, features, and technical specifications
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, pricing tiers, and payment terms
3. Schedule 3 - Service Levels: Technical service level specifications, metrics, and remedies
4. Schedule 4 - Support Services: Description of support services, response times, and escalation procedures
5. Schedule 5 - Acceptable Use Policy: Detailed acceptable use terms and prohibited activities
6. Appendix A - Technical Requirements: Minimum system requirements and technical specifications
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