This Commercial Software License Agreement template is designed for use in New Zealand business contexts where software is being licensed for commercial purposes. It provides a comprehensive framework for software licensing transactions, incorporating key provisions required under New Zealand law, including compliance with the Contract and Commercial Law Act 2017, Copyright Act 1994, and Fair Trading Act 1986. The document is particularly suitable for software providers licensing their products to business customers, covering essential aspects such as license scope, usage rights, fees, maintenance, support, and intellectual property protection. It includes specific provisions addressing data protection under the Privacy Act 2020 and electronic transaction requirements, making it suitable for modern software licensing arrangements in the New Zealand market.
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1. Parties: Identifies the licensor and licensee with their full legal names and registered addresses
2. Background: Sets out the context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the scope, nature, and type of license being granted (e.g., perpetual/term-based, exclusive/non-exclusive)
5. License Restrictions: Details what the licensee cannot do with the software
6. License Fee and Payment Terms: Specifies the license fees, payment schedule, and payment terms
7. Intellectual Property Rights: Confirms ownership of IP rights and protects licensor's intellectual property
8. Warranties and Representations: Sets out warranties provided by the licensor regarding the software
9. Support and Maintenance: Outlines the support and maintenance services provided
10. Confidentiality: Protects confidential information exchanged between parties
11. Term and Termination: Specifies the duration of the agreement and termination rights
12. Liability and Indemnification: Limits liability and sets out indemnification obligations
13. General Provisions: Contains standard boilerplate clauses including governing law, dispute resolution, and notices
1. Professional Services: Include when implementation, training, or consulting services are part of the agreement
2. Service Levels: Include when specific performance standards and metrics need to be maintained
3. Data Protection and Privacy: Include when personal data will be processed through the software
4. Disaster Recovery: Include for critical software applications requiring business continuity provisions
5. Third-Party Components: Include when the software incorporates third-party elements requiring separate terms
6. Export Controls: Include when software may be subject to export control regulations
7. Software Customization: Include when bespoke modifications are required
8. Acceptance Testing: Include when formal testing and acceptance procedures are required
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment structure, and any variable components
3. Schedule 3 - Service Level Agreement: Detailed service levels, performance metrics, and remedies
4. Schedule 4 - Support and Maintenance Services: Detailed description of support services, response times, and escalation procedures
5. Schedule 5 - Authorized Users: Details of authorized users or user categories and associated access rights
6. Appendix A - Technical Requirements: Minimum system requirements and technical specifications for software operation
7. Appendix B - Security Requirements: Security standards and protocols to be maintained
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Professional Services
Financial Services
Healthcare
Manufacturing
Retail
Education
Telecommunications
Government and Public Sector
Legal Services
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Operations
Risk and Compliance
Commercial
Software Development
Vendor Management
Finance
Information Security
Relevant Roles
Legal Counsel
IT Director
Chief Technology Officer
Procurement Manager
Contract Manager
Software Licensing Manager
Commercial Director
Chief Information Officer
Business Development Manager
Operations Manager
Risk Manager
Compliance Officer
Software Asset Manager
Technology Procurement Specialist
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