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Software And License for Ireland

Software And License Template for Ireland

A comprehensive software and license agreement governed by Irish law that establishes the terms and conditions for software licensing, usage, and related services. This agreement complies with Irish and EU regulations, including GDPR requirements, consumer protection laws, and digital content regulations. It covers essential elements such as license grants, intellectual property rights, warranties, support services, data protection, and liability limitations, while incorporating specific provisions required under Irish jurisdiction for both B2B and B2C transactions.

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Software And License

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What is a Software And License?

This Software And License Agreement template is designed for use under Irish law when establishing a legal framework for software licensing and usage rights. It addresses the requirements of both Irish and EU legislation, including the Copyright and Related Rights Act 2000, GDPR, and the European Union (Digital Content and Digital Services) Regulations 2022. The agreement is suitable for various licensing models, including perpetual, subscription-based, and cloud-hosted solutions. It incorporates necessary provisions for data protection, consumer rights, and digital content regulations specific to the Irish jurisdiction, while also addressing commercial aspects such as maintenance, support, and service level commitments. This template is particularly valuable for software providers operating in Ireland or serving Irish customers, ensuring compliance with local legal requirements while protecting both licensor and licensee interests.

What sections should be included in a Software And License?

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

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

3. Definitions: Key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, Licensed Users

4. License Grant: Scope of the license, permitted uses, and restrictions

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

6. Intellectual Property Rights: Ownership of IP, protection of rights, and infringement procedures

7. Data Protection: GDPR compliance, data processing terms, and data security measures

8. Warranties and Representations: Software performance warranties, compliance with laws, and disclaimer of warranties

9. Support and Maintenance: Technical support scope, maintenance services, and service levels

10. Term and Termination: Duration of agreement, renewal terms, and termination rights

11. Limitation of Liability: Liability caps, exclusions, and indemnification provisions

12. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement

What sections are optional to include in a Software And License?

1. Third-Party Software: Include when the software incorporates third-party components, describing licenses and restrictions

2. Professional Services: Include when additional implementation or consulting services are provided

3. Service Level Agreement: Include for cloud-based software or when specific performance metrics are guaranteed

4. Security Requirements: Include when handling sensitive data or for enterprise software

5. Export Controls: Include when software may be subject to international trade restrictions

6. Source Code Escrow: Include when source code escrow arrangements are part of the agreement

What schedules should be included in a Software And License?

1. Schedule 1 - Software Description: Detailed description of the software, including features and functionality

2. Schedule 2 - License Fees: Detailed fee structure, payment terms, and pricing tiers

3. Schedule 3 - Support Services: Detailed support levels, response times, and maintenance terms

4. Schedule 4 - Service Level Agreement: Performance metrics, availability guarantees, and remedies

5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

6. Schedule 6 - Technical Requirements: Software system requirements and technical specifications

Authors

Alex Denne

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

Jurisdiction

Ireland

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions




































Clauses






























Relevant Industries

Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Telecommunications

Media and Entertainment

Government and Public Sector

E-commerce

Insurance

Banking

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Commercial

Sales

Product Management

Operations

Data Protection

Relevant Roles

Chief Technology Officer

Legal Counsel

Procurement Manager

IT Director

Software License Manager

Compliance Officer

Contract Manager

Chief Information Officer

Information Security Officer

Risk Manager

Commercial Director

Sales Director

Product Manager

Operations Manager

Data Protection Officer

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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