The Non-Exclusive Software License Agreement is essential when software developers or companies want to grant usage rights to their software while maintaining ownership and the ability to license to multiple users. This document, structured under U.S. law, includes critical elements such as license scope, usage restrictions, fees, warranties, and termination conditions. It's particularly relevant in today's digital economy where software licensing is a primary business model, requiring careful consideration of intellectual property rights, data protection, and compliance with both federal and state regulations.
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1. Parties: Identification of licensor and licensee, including legal entities and contact details
2. Background: Context of the agreement and brief description of the software being licensed
3. Definitions: Key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, etc.
4. Grant of License: Scope and nature of the license, including usage rights and restrictions
5. License Fees: Payment terms, amounts, and schedule
6. Intellectual Property Rights: Ownership and protection of IP rights
7. Term and Termination: Duration of agreement and termination conditions
8. Warranties and Disclaimers: Standard warranties and limitations
1. Service Level Agreement: Performance metrics and support levels - include when offering maintenance and support services
2. Data Protection: Data handling and privacy requirements - include when personal data is processed
3. Source Code Escrow: Terms for source code protection and release - include when source code access might be required
4. Export Controls: Compliance with export regulations - include when software might be exported internationally
1. Schedule A - Software Description: Detailed description of licensed software and components
2. Schedule B - License Fees: Detailed breakdown of pricing and payment terms
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule D - Support Services: Details of maintenance and support services if included
5. Schedule E - Acceptable Use Policy: Terms of acceptable use and restrictions
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