The Source Code Licence Agreement is essential when a software developer or company wishes to license their source code while maintaining ownership rights. This document is particularly relevant in commercial software development, technology transfers, and collaborative development projects. Under English and Welsh law, it provides a comprehensive framework for protecting intellectual property while enabling controlled access to source code. The agreement typically includes detailed terms about usage rights, modifications, distribution restrictions, confidentiality obligations, and technical support arrangements. It's designed to balance the licensor's need to protect their intellectual property with the licensee's requirement for legitimate use of the source code.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and ownership declaration of the source code
3. Definitions: Key terms used throughout the agreement
4. Grant of Licence: Scope and nature of the licence being granted
5. Licence Restrictions: Limitations on use of the source code
6. Intellectual Property Rights: Declaration and protection of IP rights
7. Confidentiality: Obligations regarding confidential information
8. Term and Termination: Duration and termination provisions
1. Maintenance and Support: Terms for ongoing support services - include when ongoing technical support is part of the agreement
2. Source Code Escrow: Provisions for source code deposit with third party - include when providing business continuity assurance to licensee
3. Export Controls: Compliance with export regulations - include when international licensing is involved
4. Warranties and Indemnities: Additional protections and guarantees - include when specific performance guarantees are required
1. Schedule 1 - Source Code Description: Detailed technical specification of the licensed source code
2. Schedule 2 - Licence Fees: Payment terms and fee structure
3. Schedule 3 - Maintenance and Support Services: Details of support services if applicable
4. Schedule 4 - Acceptable Use Policy: Specific terms governing acceptable use of the source code
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