The Commercial Software Licence is essential for businesses seeking to formalize the terms under which software is licensed for commercial use. This document, governed by the laws of England and Wales, establishes the legal framework for software usage, including scope of licence, intellectual property protection, warranties, and support obligations. It's particularly crucial for protecting the licensor's intellectual property while providing the licensee with clear usage rights and responsibilities. The agreement typically includes technical specifications, payment terms, and compliance requirements with relevant UK legislation.
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1. Parties: Identification of licensor and licensee
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement
4. Grant of Licence: Scope and nature of the licence granted
5. Licence Fees: Payment terms and conditions
6. Intellectual Property Rights: Ownership and protection of IP
7. Warranties and Representations: Guarantees regarding software functionality and performance
8. Term and Termination: Duration and termination provisions
9. Governing Law and Jurisdiction: Applicable law and dispute resolution
1. Data Protection: Required if software processes personal data - includes data processing terms and compliance requirements
2. Source Code Escrow: Provisions for source code protection when licensee requires access under specific conditions
3. Service Level Agreement: Performance metrics and support levels for when ongoing support or maintenance is included
4. Export Controls: Compliance with export regulations when software may be used internationally
1. Schedule 1 - Software Description: Detailed technical specifications of the software
2. Schedule 2 - Licence Fees: Detailed breakdown of fees and payment terms
3. Schedule 3 - Service Level Agreement: Detailed support and maintenance terms
4. Schedule 4 - Acceptable Use Policy: Terms of acceptable use of the software
5. Schedule 5 - Technical Requirements: Minimum system requirements and technical specifications
Relevant legal definitions
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