The Software Licence Agreement serves as the primary legal framework for software distribution and usage rights in Malta. This document is essential when a software provider wishes to grant usage rights to their software while maintaining ownership of the intellectual property. It is particularly relevant in Malta's growing technology sector and must comply with both Maltese law and EU regulations, including GDPR and consumer protection directives. The agreement typically covers license scope, fees, maintenance, support, warranties, and liability limitations. It's commonly used by technology companies, financial institutions, and other businesses operating in Malta who need to either license their software or obtain rights to use third-party software. The document should be tailored to account for specific software deployment models (on-premise, cloud-based, or hybrid) and particular business requirements while ensuring compliance with relevant Maltese and EU legal frameworks.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions
5. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
6. License Fees: Payment terms, fee structure, and payment schedule
7. Term and Termination: Duration of the license and circumstances for termination
8. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software
9. Warranties and Representations: Warranties provided regarding the software and its performance
10. Limitation of Liability: Limits on the licensor's liability under the agreement
11. Data Protection: Compliance with GDPR and Maltese data protection laws
12. Confidentiality: Protection of confidential information exchanged under the agreement
13. Force Majeure: Provisions for circumstances beyond parties' control
14. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Service Levels: Include when specific performance standards or uptime guarantees are required
2. Source Code Escrow: Include when source code is to be held in escrow for licensee protection
3. Professional Services: Include when implementation or training services are part of the agreement
4. Export Controls: Include for software subject to international export restrictions
5. Third-Party Software: Include when the licensed software incorporates third-party components
6. Audit Rights: Include when licensor requires rights to audit licensee's use of the software
7. Disaster Recovery: Include when business continuity requirements are critical
8. Insurance: Include when specific insurance coverage is required from either party
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule 3 - Service Levels: Detailed service level commitments and metrics
4. Schedule 4 - Support Services: Description of support and maintenance services
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
6. Appendix A - Authorized Users: Definition and limitations of authorized software users
7. Appendix B - Technical Requirements: Minimum system requirements and technical specifications
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Gaming and iGaming
Healthcare
Professional Services
E-commerce
Education
Manufacturing
Telecommunications
Retail
Government and Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Information Security
Finance
Risk Management
Commercial Operations
Business Development
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Development Manager
Procurement Manager
Compliance Officer
Commercial Director
Chief Information Officer
Contracts Manager
Information Security Officer
Business Development Manager
Chief Executive Officer
Chief Financial Officer
IT Project Manager
Risk Manager
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