The Software License Transfer Agreement is essential when organizations or individuals need to legally transfer their rights to use software to another party. This document, governed by U.S. law, is commonly used during business acquisitions, departmental restructuring, or when organizations need to reallocate their software assets. The agreement covers crucial elements including transfer terms, warranties, compliance with original license terms, and any continuing obligations. It ensures that both parties understand their rights and responsibilities while maintaining compliance with copyright law, intellectual property rights, and other relevant regulations.
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1. Parties: Identification and details of the transferor and transferee
2. Background: Context of the transfer and original software license details
3. Definitions: Key terms used throughout the agreement
4. License Transfer Terms: Specific terms of the transfer including rights and restrictions
5. Consideration: Payment or other value exchange for the transfer
6. Representations and Warranties: Statements about ownership, authority to transfer, and software condition
7. Term and Termination: Duration and conditions for ending the agreement
1. Maintenance and Support: Terms for ongoing support services and maintenance obligations if included in the transfer
2. Data Protection: Privacy and data handling requirements when software processes personal data
3. Export Controls: Compliance with export regulations when software may be subject to export restrictions
1. Schedule 1 - Software Description: Detailed description of the software being transferred including version numbers and components
2. Schedule 2 - Original License Agreement: Copy of the original software license agreement and any amendments
3. Schedule 3 - Transfer Documentation: Required forms or certificates for the transfer including any consent documents
4. Schedule 4 - Technical Requirements: Technical specifications and requirements for the software operation
Relevant legal definitions
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