This Standard Software License Agreement is designed for use in Hong Kong's technology-driven business environment, providing a legally robust framework for software licensing transactions. It incorporates essential elements required under Hong Kong law, including provisions aligned with the Copyright Ordinance, Personal Data (Privacy) Ordinance, and Electronic Transactions Ordinance. The agreement is suitable for both local and international software licensing arrangements where Hong Kong law governs, addressing various deployment models including on-premise, cloud-based, and hybrid solutions. It includes comprehensive provisions for intellectual property protection, usage rights, compliance requirements, and risk allocation, while maintaining flexibility to accommodate different software types and business needs.
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1. Parties: Identifies and provides full legal details of the licensor and licensee
2. Background: Sets out the context of the agreement and brief description of the software
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the type, scope, and nature of the license being granted
5. License Restrictions: Details prohibited actions and usage limitations
6. Intellectual Property Rights: Confirms ownership of IP and protects licensor's rights
7. License Fees and Payment: Specifies pricing, payment terms, and payment schedule
8. Term and Termination: Defines duration, renewal terms, and termination conditions
9. Warranties and Representations: States warranties provided and disclaimers
10. Liability and Indemnification: Sets out liability limitations and indemnification obligations
11. Confidentiality: Protects confidential information of both parties
12. Data Protection: Ensures compliance with privacy laws and data handling requirements
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Service Level Agreement: Include when providing specific performance guarantees or support levels
2. Source Code Escrow: Add when source code access might be required under specific conditions
3. Professional Services: Include if implementation or training services are part of the agreement
4. Third-Party Software: Add when the software incorporates third-party components
5. Export Control: Include for international licensing arrangements
6. Audit Rights: Add when licensor requires right to audit licensee's usage
7. Disaster Recovery: Include for business-critical software applications
8. Change Control: Add when software modifications or customizations are anticipated
1. Software Description: Detailed technical specifications and functionality of the software
2. License Fees: Detailed breakdown of pricing, payment structure, and terms
3. Technical Requirements: Hardware, software, and network requirements for operation
4. Support and Maintenance Terms: Detailed support levels, response times, and maintenance procedures
5. Acceptable Use Policy: Detailed rules and guidelines for software usage
6. Data Processing Agreement: Detailed terms for handling personal data if applicable
7. Service Level Metrics: Detailed performance metrics and measurement methods
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Telecommunications
E-commerce
Media and Entertainment
Government and Public Sector
Logistics and Transportation
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Software Development
Contract Administration
Operations
Digital Transformation
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Compliance Officer
Information Security Manager
Contract Manager
Chief Information Officer
Technology Procurement Specialist
Legal Operations Manager
Software Asset Manager
Risk Manager
Digital Transformation Director
IT Operations Manager
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