This On-Premise Software License Agreement is designed for use in the Australian market when a software provider (licensor) grants a license to a customer (licensee) to use software on the customer's own infrastructure. The agreement is essential for any business providing or acquiring software that will be installed and operated on-premise rather than through cloud-based services. It includes comprehensive terms covering license scope, fees, installation, maintenance, support, warranties, and compliance with Australian legislation. The document addresses key considerations under Australian law, including consumer protection, intellectual property rights, and privacy requirements. This agreement type is particularly relevant when data sovereignty, security requirements, or business preferences necessitate on-premise software deployment rather than cloud-based solutions.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, including usage rights, restrictions, and territory limitations
5. License Fees: Payment terms, fee structure, and payment schedule
6. Delivery and Installation: Terms regarding software delivery, installation requirements, and acceptance criteria
7. Intellectual Property Rights: Ownership of IP, protection of rights, and restrictions on use
8. Confidentiality: Protection of confidential information and trade secrets
9. Warranties and Representations: Software warranties, performance guarantees, and compliance warranties
10. Support and Maintenance: Terms of technical support, updates, and maintenance services
11. Term and Termination: Duration of the agreement, renewal terms, and termination rights
12. Limitation of Liability: Limits on liability and exclusions of certain types of damages
13. General Provisions: Standard legal provisions including governing law, notices, and assignment rights
1. Third-Party Software: Include when the software incorporates third-party components, detailing additional terms and restrictions
2. Data Protection: Include when the software processes personal data, addressing privacy laws and data security requirements
3. Export Controls: Include when the software may be subject to export control regulations
4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
5. Professional Services: Include when additional implementation or consulting services are provided
6. Service Level Agreement: Include when specific performance levels need to be guaranteed
7. Audit Rights: Include when the licensor requires rights to audit licensee's use of the software
8. Insurance: Include when specific insurance coverage is required from either party
1. Schedule A - Licensed Software: Detailed description of the licensed software, including versions and components
2. Schedule B - Technical Requirements: Hardware and software requirements for operating the licensed software
3. Schedule C - Fee Schedule: Detailed breakdown of license fees, payment terms, and any additional charges
4. Schedule D - Support Services: Detailed description of support and maintenance services, including service levels
5. Schedule E - Acceptance Testing: Acceptance testing procedures and criteria
6. Appendix 1 - Authorized Users: Definition and limitations of authorized users and usage parameters
7. Appendix 2 - Security Requirements: Security standards and requirements for software implementation
8. Appendix 3 - Data Processing Terms: Specific terms relating to data processing and privacy compliance
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
Telecommunications
Energy and Utilities
Transportation and Logistics
Mining and Resources
Relevant Teams
Legal
Information Technology
Procurement
Finance
Risk and Compliance
Information Security
Vendor Management
Operations
Enterprise Architecture
Software Asset Management
Relevant Roles
Chief Information Officer
IT Director
Software Licensing Manager
Procurement Manager
Legal Counsel
Contract Manager
Chief Technology Officer
IT Security Manager
Risk and Compliance Manager
Software Asset Manager
Vendor Management Officer
Chief Financial Officer
Operations Director
Enterprise Architect
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