The Enterprise Term License Agreement (ETLA) is designed for organizations requiring enterprise-wide software deployment under US jurisdiction. This agreement is particularly suitable when a business needs to license software across multiple departments or locations, requiring comprehensive terms for usage rights, maintenance, and support. The ETLA typically includes volume pricing advantages, flexible deployment options, and standardized terms that can be efficiently managed across the enterprise. It addresses complex requirements including compliance with federal and state regulations, data protection, and intellectual property rights.
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1. Parties: Identification of contracting parties including full legal names and addresses
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement
4. License Grant: Scope and nature of the software license, including usage rights and restrictions
5. Term and Termination: Duration of agreement, renewal terms, and termination conditions
6. Payment Terms: Pricing, payment schedule, invoicing, and related financial conditions
7. IP Rights: Intellectual property ownership, protection, and infringement provisions
8. Warranties and Disclaimers: Software warranties, performance guarantees, and liability limitations
9. Confidentiality: Protection of confidential information and trade secrets
10. Compliance with Laws: Legal compliance requirements including export controls and data protection
1. Professional Services: Terms for implementation, consulting, or other professional services beyond basic licensing
2. Source Code Escrow: Terms for source code protection, escrow arrangements, and release conditions
3. Data Processing: Specific terms for handling personal data and compliance with privacy laws
4. Disaster Recovery: Business continuity and disaster recovery requirements
5. Export Controls: Detailed export compliance requirements for international usage
1. Schedule A - Licensed Software: Detailed list of licensed software products, components, and specifications
2. Schedule B - Service Level Agreement: Performance metrics, service levels, and remedies for non-compliance
3. Schedule C - Support Services: Technical support scope, maintenance services, and response times
4. Schedule D - Pricing: Detailed pricing structure, payment terms, and fee calculations
5. Schedule E - Data Processing Agreement: Detailed terms for data processing, security measures, and privacy compliance
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