The Non-Exclusive Software License Agreement is essential for businesses operating in Canada that wish to license their software while maintaining their intellectual property rights and the ability to license the same software to others. This document is particularly relevant in today's digital economy where software licensing is a common business model. It should be used when a software owner wants to grant usage rights to multiple licensees while retaining ownership and control of the software. The agreement includes crucial elements required under Canadian law, such as compliance with the Copyright Act, PIPEDA, and provincial electronic commerce legislation. It covers essential aspects such as license scope, usage rights, fees, maintenance, support, and termination conditions. The non-exclusive nature of the license means the licensor retains the right to grant similar licenses to other parties, making this agreement type particularly suitable for commercial software distribution.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Specific terms of the non-exclusive license, including permitted uses and restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Assertion of licensor's ownership and IP rights
7. Term and Termination: Duration of the license and conditions for termination
8. Licensee Obligations: Responsibilities and restrictions on the licensee's use of the software
9. Warranties and Disclaimers: Software performance warranties and limitation of warranties
10. Limitation of Liability: Caps on liability and exclusions of certain types of damages
11. Confidentiality: Protection of confidential information exchanged during the license relationship
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Support and Maintenance: Terms for technical support and software updates - include if ongoing support is offered
2. Data Protection: Specific provisions for handling personal data - include if software processes personal information
3. Service Levels: Performance metrics and standards - include for cloud-based or hosted software
4. Audit Rights: Rights to audit licensee's use of software - include for enterprise licenses
5. Source Code Escrow: Terms for source code escrow arrangements - include if agreed for business-critical software
6. Export Controls: Compliance with export regulations - include if software may be used internationally
7. Insurance: Insurance requirements - include for high-value or high-risk implementations
8. Training and Implementation: Terms for training and deployment services - include if these services are provided
1. Schedule A - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule B - License Fees: Detailed fee structure, payment terms, and pricing tiers
3. Schedule C - Service Levels: Detailed performance metrics, response times, and service standards
4. Schedule D - Support Services: Description of support and maintenance services, including response times
5. Schedule E - Approved Users: List of authorized users or user categories (for enterprise licenses)
6. Schedule F - Security Requirements: Security standards and requirements for software use and data protection
7. Appendix 1 - Acceptable Use Policy: Guidelines and restrictions for software usage
8. Appendix 2 - Data Processing Terms: Specific terms for handling and processing personal data
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Government and Public Sector
E-commerce
Media and Entertainment
Consulting Services
Relevant Teams
Legal
Information Technology
Procurement
Sales
Business Development
Risk and Compliance
Operations
Software Development
Contract Administration
Product Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
Contract Manager
IT Director
Software Development Manager
Procurement Manager
Intellectual Property Lawyer
Commercial Director
Business Development Manager
Sales Director
Operations Manager
Compliance Officer
Risk Manager
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