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Software Licence Agreement

Software Licence Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Software Licence Agreement

"I need a Software License Agreement for enterprise-level accounting software to be deployed across our Hong Kong and Singapore offices from January 2025, with source code escrow provisions and specific requirements for financial industry compliance."

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Document background
This Software License Agreement template is designed for use in Hong Kong's dynamic technology market, providing a comprehensive framework for software licensing transactions. It is particularly relevant for businesses seeking to license software solutions while ensuring compliance with Hong Kong's legal requirements, including the Copyright Ordinance, Personal Data (Privacy) Ordinance, and Electronic Transactions Ordinance. The agreement is suitable for both B2B and B2C transactions, covering essential elements such as license grants, usage restrictions, intellectual property rights, warranties, and liability limitations. It accommodates Hong Kong's position as a major international business hub while addressing local regulatory requirements and business practices.
Suggested Sections

1. Parties: Identification of licensor and licensee with full legal names and addresses

2. Background: Context of the agreement and brief description of the software being licensed

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope, nature, and limitations of the software license being granted

5. License Fees and Payment: Payment terms, fee structure, and payment mechanics

6. Intellectual Property Rights: Ownership and protection of IP rights in the software

7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software

8. Licensor Obligations: Key responsibilities of the licensor including delivery and basic support

9. Warranties and Representations: Standard warranties about software functionality and IP ownership

10. Limitation of Liability: Limitations on parties' liability consistent with Hong Kong law

11. Term and Termination: Duration of agreement and circumstances for termination

12. Confidentiality: Protection of confidential information exchanged

13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Data Protection: Required if the software processes personal data, ensuring compliance with PDPO

2. Service Levels: Include if specific performance standards or uptime guarantees are required

3. Maintenance and Support: Optional section detailing additional support services if offered

4. Professional Services: Include if implementation or training services are part of the agreement

5. Disaster Recovery: Required for business-critical software applications

6. Source Code Escrow: Optional for business-critical applications where source code access might be needed

7. Audit Rights: Include for licenses based on usage metrics or compliance requirements

8. Export Controls: Required if software is subject to export control regulations

9. Insurance: Include for high-value or high-risk implementations

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the software

2. License Fees: Detailed breakdown of license fees and payment schedule

3. Technical Requirements: Hardware and system requirements for the software

4. Service Level Agreement: Detailed service levels and performance metrics if applicable

5. Support Services: Details of maintenance and support services if included

6. Acceptable Use Policy: Guidelines for acceptable use of the software

7. Data Processing Agreement: Required if personal data processing is involved

8. Security Requirements: Specific security standards and requirements to be maintained

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses






























Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Education

Retail

Telecommunications

Banking

Insurance

Logistics

Real Estate

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Vendor Management

Software Development

Operations

Finance

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Procurement Manager

Software Development Manager

Compliance Officer

Information Security Officer

Contract Manager

Chief Information Officer

Technology Risk Manager

Vendor Management Officer

Legal Operations Manager

Software Licensing Specialist

IT Asset Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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