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On Premise Software License Agreement for Australia

On Premise Software License Agreement Template for Australia

An On-Premise Software License Agreement under Australian law establishes the legal framework for the licensing and use of software that is installed and operated on the customer's own infrastructure. This agreement outlines the terms and conditions for software usage, including licensing rights, restrictions, maintenance and support obligations, warranties, and liability limitations. It incorporates Australian legal requirements, particularly those under the Copyright Act 1968, Competition and Consumer Act 2010, and Privacy Act 1988, ensuring compliance with local legislation while protecting both the licensor's intellectual property rights and the licensee's interests.

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What is a On Premise Software License Agreement?

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.

What sections should be included in a On Premise Software License Agreement?

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

What sections are optional to include in a On Premise Software License Agreement?

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

What schedules should be included in a On Premise Software License Agreement?

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

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

User Agreement

Sector

Cost

Free to use
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

Industries








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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