This Software License Subscription Agreement template is designed for use in the Canadian market, providing a comprehensive framework for software licensing on a subscription basis. It is suitable for both business-to-business and business-to-consumer relationships, incorporating necessary provisions to comply with Canadian federal and provincial laws, including PIPEDA, consumer protection legislation, and electronic commerce regulations. The agreement covers essential elements such as license grants, usage restrictions, subscription terms, service levels, data protection, and intellectual property rights. It is particularly relevant for software providers offering their products through subscription-based models, whether deployed via cloud services or on-premises installations, and includes specific provisions addressing Canadian legal requirements for digital contracts and data privacy.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the software license, permitted uses, and restrictions
5. Subscription Term: Duration of the subscription, renewal terms, and termination conditions
6. Fees and Payment: Subscription fees, payment terms, and billing cycles
7. User Access and Authentication: Rules for user authentication, access controls, and account management
8. Service Levels: Performance standards, availability commitments, and support services
9. Data Protection and Security: Data handling obligations, security measures, and privacy compliance
10. Intellectual Property Rights: IP ownership, protection of rights, and related warranties
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Software warranties, performance guarantees, and limitations
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. Termination: Grounds for termination, termination process, and post-termination obligations
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Professional Services: Include when implementation, training, or consulting services are part of the agreement
2. Third-Party Integrations: Include when the software interfaces with third-party applications or services
3. Disaster Recovery: Include for enterprise-level agreements requiring specific disaster recovery commitments
4. Audit Rights: Include when licensor requires rights to audit licensee's use of the software
5. Export Controls: Include when software is subject to export control regulations
6. Source Code Escrow: Include when source code escrow arrangements are required
7. Service Level Credits: Include when monetary credits are offered for service level failures
8. Insurance Requirements: Include for enterprise agreements requiring specific insurance coverage
1. Schedule A - Software Description: Detailed description of the software, features, and functionality
2. Schedule B - Service Level Agreement: Detailed service levels, support terms, and performance metrics
3. Schedule C - Subscription Fees: Detailed fee structure, pricing tiers, and payment terms
4. Schedule D - Technical Requirements: Software technical specifications and system requirements
5. Schedule E - Support Services: Description of support services, response times, and escalation procedures
6. Schedule F - Data Processing Agreement: Detailed terms for processing personal data in compliance with privacy laws
7. Appendix 1 - Authorized Users: Definition and categories of authorized users and access levels
8. Appendix 2 - Security Requirements: Detailed security standards and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
Energy
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Sales
Operations
Information Security
Risk Management
Product Management
Customer Success
Technical Support
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Software License Manager
Compliance Officer
Privacy Officer
Contract Administrator
Chief Information Security Officer
Commercial Director
Sales Director
Chief Financial Officer
Risk Manager
Operations Manager
Product Manager
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