This User Licence agreement template is designed for use in New Zealand and provides a comprehensive framework for granting and managing software or digital product licenses. It is particularly suitable for software companies, digital service providers, and technology businesses operating under New Zealand jurisdiction who need to license their products to users, whether they are individuals or organizations. The document incorporates key requirements from relevant New Zealand legislation, including the Contract and Commercial Law Act 2017, Copyright Act 1994, and Privacy Act 2020. It covers essential aspects such as license scope, usage rights, intellectual property protection, data privacy, and liability limitations, while remaining flexible enough to accommodate various types of digital products and services.
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1. Parties: Identifies the licensor and licensee, including full legal names and contact details
2. Background: Explains the context of the license, including brief description of the software/product being licensed
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the exact rights being granted to the user, including scope and any restrictions
5. Term and Termination: Details the duration of the license and circumstances under which it can be terminated
6. User Obligations: Outlines the responsibilities and restrictions placed on the user
7. Intellectual Property Rights: Confirms the ownership of IP and protections in place
8. Fees and Payment: Details the cost of the license and payment terms
9. Warranties and Disclaimers: Specifies what is and isn't guaranteed about the licensed product/service
10. Limitation of Liability: Sets out the extent and limits of the licensor's liability
11. Privacy and Data Protection: Explains how user data will be handled in compliance with the Privacy Act 2020
12. General Provisions: Contains standard legal provisions including governing law, notices, and assignment
1. Service Level Agreement: Include when the license includes ongoing service or support commitments
2. Third-Party Components: Include when the licensed product incorporates third-party software or components
3. Export Controls: Include when the licensed product may be subject to international export restrictions
4. Geographic Restrictions: Include when the license is limited to specific territories or regions
5. Audit Rights: Include when the licensor needs the right to audit user compliance
6. Source Code Escrow: Include when providing source code access under specific conditions
7. Professional Services: Include when additional implementation or training services are provided
8. High Risk Activities: Include when the software should be restricted from use in high-risk scenarios
1. Schedule 1 - License Specifications: Detailed technical specifications of the licensed product
2. Schedule 2 - Fee Schedule: Detailed breakdown of license fees, payment terms, and any variable pricing
3. Schedule 3 - Service Levels: Specific performance metrics and service levels if applicable
4. Schedule 4 - Support Services: Details of technical support and maintenance services
5. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for acceptable use of the licensed product
6. Appendix B - Security Requirements: Security standards and requirements that must be maintained
7. Appendix C - Data Processing Terms: Detailed terms for handling personal data if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
E-commerce
Financial Services
Healthcare
Education
Professional Services
Manufacturing
Retail
Media and Entertainment
Telecommunications
Government and Public Sector
Research and Development
Consulting Services
Relevant Teams
Legal
Information Technology
Compliance
Commercial
Sales
Product Development
Risk Management
Information Security
Operations
Customer Success
Technical Support
Business Development
Relevant Roles
Legal Counsel
Software Licensing Manager
Contract Manager
IT Director
Chief Technology Officer
Product Manager
Compliance Officer
Privacy Officer
Commercial Manager
Sales Director
Business Development Manager
Risk Manager
Information Security Manager
Operations Manager
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