The License and Service Agreement is essential for businesses operating in Hong Kong that provide both licensed materials (such as software, intellectual property, or proprietary technology) and related services to their customers. This dual-purpose agreement is particularly relevant in today's technology-driven business environment, where software licensing often requires accompanying implementation, maintenance, or support services. The document complies with Hong Kong's legal framework, including the Contract Ordinance, Copyright Ordinance, and Personal Data (Privacy) Ordinance, making it suitable for both local and international businesses operating under Hong Kong jurisdiction. It's commonly used in software-as-a-service (SaaS) arrangements, technology implementations, and various digital service provisions where intellectual property licensing is combined with ongoing service delivery.
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1. Parties: Identifies and defines the contracting parties - Licensor/Service Provider and Licensee/Customer
2. Background: Sets out the context of the agreement and parties' intentions
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. License Grant: Specifies the scope, nature, and limitations of the license
5. Services: Details the services to be provided under the agreement
6. Fees and Payment: Outlines payment terms, fee structure, and invoicing procedures
7. Intellectual Property Rights: Addresses ownership and protection of IP rights
8. Confidentiality: Defines confidential information and protection obligations
9. Data Protection and Security: Covers data privacy compliance and security measures
10. Warranties and Representations: States parties' warranties regarding license and services
11. Limitation of Liability: Sets out liability caps and exclusions
12. Term and Termination: Specifies duration, renewal, and termination provisions
13. Force Majeure: Addresses circumstances beyond parties' reasonable control
14. Governing Law and Jurisdiction: Specifies Hong Kong law and jurisdiction
15. General Provisions: Includes standard boilerplate clauses
1. Service Levels: Detailed service level commitments and remedies - include when specific performance metrics are required
2. Change Control: Process for managing changes to services or specifications - include for complex or long-term agreements
3. Insurance: Insurance requirements and coverages - include for high-risk or high-value services
4. Audit Rights: Rights to audit compliance and performance - include when regulatory compliance is critical
5. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
6. Source Code Escrow: Source code escrow arrangements - include when software is business-critical
7. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for international or public sector contracts
8. Professional Services: Additional professional service terms - include when implementation or consulting services are provided
1. Schedule 1 - Licensed Materials: Detailed description of licensed software, materials, or intellectual property
2. Schedule 2 - Service Description: Detailed specification of services to be provided
3. Schedule 3 - Service Levels: Detailed service level agreements, metrics, and remedies
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Schedule 5 - Technical Requirements: Technical specifications and requirements
6. Schedule 6 - Support Services: Description of support and maintenance services
7. Schedule 7 - Data Processing Agreement: Detailed data protection and processing terms
8. Schedule 8 - Change Request Form: Template for requesting and documenting changes
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Services
Financial Services
Healthcare Technology
Professional Services
E-commerce
Telecommunications
Media and Entertainment
Manufacturing
Education Technology
Business Process Outsourcing
Consulting Services
Research and Development
Digital Solutions
Relevant Teams
Legal
Information Technology
Procurement
Sales
Commercial
Compliance
Operations
Risk Management
Business Development
Product Development
Service Delivery
Contract Administration
Vendor Management
Technical Support
Customer Success
Relevant Roles
Chief Technology Officer
Legal Counsel
Contract Manager
Procurement Manager
IT Director
Software Licensing Manager
Commercial Director
Business Development Manager
Compliance Officer
Chief Information Officer
Service Delivery Manager
Account Executive
Sales Director
Operations Manager
Risk Manager
Chief Legal Officer
Technology Consultant
Product Manager
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