The On Premise Software Licence Agreement is essential when a software vendor wishes to license their software product for installation and use on a customer's local infrastructure. This agreement is particularly relevant in situations where data security, regulatory compliance, or operational requirements necessitate local software deployment rather than cloud-based solutions. The agreement, governed by English and Welsh law, comprehensively addresses licence scope, usage rights, intellectual property protection, maintenance, support, and compliance with UK regulatory requirements. It serves as the primary legal framework protecting both the vendor's intellectual property rights and the customer's usage rights.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement
4. Licence Grant: Scope and nature of the software licence, including permitted uses and users
5. Licence Restrictions: Limitations on use of the software and prohibited activities
6. Intellectual Property Rights: Ownership and protection of IP rights in the software and related materials
7. Payment Terms: Licence fees, payment conditions, and any additional charges
8. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
9. Warranties and Indemnities: Software performance guarantees and protection against third-party claims
10. Liability: Limitations and exclusions of liability
11. Confidentiality: Protection of confidential information and trade secrets
12. General: Standard boilerplate provisions including governing law, jurisdiction, and entire agreement
1. Professional Services: Implementation, training, and support services provided alongside the software
2. Service Levels: Performance standards, metrics, and remedies for failure to meet agreed levels
3. Data Processing: Data protection obligations and compliance with privacy laws
4. Export Controls: Compliance with export regulations and restrictions
5. Source Code Escrow: Provisions for source code deposit and release conditions
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - Licence Fees: Detailed pricing structure, payment terms and calculation methods
3. Schedule 3 - Support Services: Scope and specification of support and maintenance services
4. Schedule 4 - Service Level Agreement: Detailed performance metrics, measurement methods and service credits
5. Schedule 5 - Data Processing Agreement: Detailed data protection obligations, procedures and safeguards
6. Schedule 6 - Technical Requirements: Minimum system requirements and technical specifications for software operation
Relevant legal definitions
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