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Non Exclusive Software License Agreement

Non Exclusive Software License Agreement Template for United States

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Key Requirements PROMPT example:

Non Exclusive Software License Agreement

"I need a Non Exclusive Software License Agreement for licensing our new cloud-based accounting software to multiple enterprise customers in the financial services sector, with specific provisions for data security and regulatory compliance."

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Document background
The Non-Exclusive Software License Agreement is essential when a software provider wants to maintain ownership rights while granting usage rights to multiple licensees. This U.S.-governed document establishes the terms for software deployment, including scope of use, fees, maintenance, and support obligations. It's particularly relevant in commercial software distribution where the same software product is licensed to multiple customers. The agreement ensures compliance with U.S. intellectual property laws while protecting both parties' interests through clear terms and conditions.
Suggested Sections

1. Parties: Identification of licensor and licensee, including legal entities and addresses

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

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

4. Grant of License: Scope and nature of the license, including usage rights and restrictions

5. License Fees: Payment terms, amounts, and schedule

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

7. Confidentiality: Protection of confidential information shared between parties

8. Term and Termination: Duration of agreement and termination conditions

9. Warranties and Disclaimers: Standard warranties and limitations

10. Liability Limitations: Scope of liability and damage limitations

Optional Sections

1. Support and Maintenance: Terms for ongoing technical support services and maintenance obligations

2. Source Code Escrow: Terms for source code protection and access in case of specified trigger events

3. Data Protection: Specific data handling and privacy requirements for personal data processing

4. Export Control: Export compliance requirements for international software distribution

5. Training: Terms for user training provision and related services

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications of the licensed software

2. Schedule 2 - License Fees Schedule: Detailed breakdown of fees and payment schedule

3. Schedule 3 - Service Level Agreement: Performance metrics and service standards

4. Schedule 4 - Technical Support Terms: Detailed support procedures and response times

5. Schedule 5 - Acceptable Use Policy: Guidelines for acceptable use of the software

6. Schedule 6 - Data Processing Agreement: Detailed terms for handling personal data and compliance with privacy laws

Authors

Alex Denne

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

alex.den.21@genieai.co
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Industries

Copyright Act: Primary federal legislation governing software copyright protection (17 U.S.C.), essential for defining ownership and protection of the software code

Patent Act: Federal law (35 U.S.C.) protecting novel, non-obvious software innovations and related patents

Defend Trade Secrets Act: Federal law providing protection for trade secrets, including proprietary software algorithms and methodologies

Digital Millennium Copyright Act: Federal law addressing digital copyright issues, including anti-circumvention provisions and ISP safe harbors

Uniform Commercial Code: State-adopted uniform law governing commercial transactions, including software licensing and sales

State Contract Laws: Various state-specific contract laws affecting formation, enforcement, and interpretation of license agreements

Consumer Protection Laws: Federal and state laws protecting consumer rights in software licensing transactions

State Data Privacy Laws: Various state laws (e.g., CCPA, CPRA) governing data privacy and protection requirements in software

Export Control Regulations: Federal regulations (EAR, ITAR) controlling the export of software and technical data to foreign countries

Antitrust Laws: Federal competition laws (Sherman Act, Clayton Act, FTC Act) affecting licensing terms and market behavior

E-SIGN Act: Federal law establishing legal validity of electronic signatures in commercial transactions

UETA: Uniform state law providing framework for electronic transactions and signatures

Industry-Specific Regulations: Specialized regulations depending on software application (e.g., HIPAA for healthcare, GLBA for financial services)

Magnuson-Moss Warranty Act: Federal law governing consumer product warranties, potentially applicable to software warranties

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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