The Source Code License Agreement is a critical legal instrument used when a software owner needs to provide another party with access to their software's source code while maintaining intellectual property rights and controlling usage. This agreement is particularly relevant in the Australian market where software development and licensing transactions must comply with local intellectual property laws, consumer protection regulations, and privacy requirements. It is commonly used in scenarios involving software customization, maintenance requirements, development partnerships, or escrow arrangements. The agreement typically includes detailed provisions on permitted uses, modification rights, confidentiality obligations, and technical requirements, all framed within the context of Australian law and business practices.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope, nature, and terms of the source code license, including territory and exclusivity
5. License Restrictions: Specific restrictions on use, modification, and distribution of the source code
6. Intellectual Property Rights: Ownership and protection of IP rights in the source code and derivatives
7. Delivery and Documentation: Terms for delivery of source code and associated documentation
8. Technical Requirements: Technical specifications, development environment, and compatibility requirements
9. Fees and Payment: License fees, payment terms, and any ongoing maintenance fees
10. Confidentiality: Protection of confidential information, including the source code
11. Warranties and Representations: Warranties regarding ownership, non-infringement, and code quality
12. Limitation of Liability: Limitations on liability and disclaimers
13. Term and Termination: Duration of the agreement and termination provisions
14. Post-Termination Obligations: Obligations of parties after termination or expiry
15. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. Maintenance and Support: Terms for ongoing maintenance and technical support, if offered
2. Escrow Arrangements: Source code escrow provisions for business continuity
3. Security Requirements: Specific security measures for handling and storing the source code
4. Audit Rights: Rights to audit licensee's use and compliance
5. Sublicensing Rights: Terms for sublicensing if permitted
6. Performance Requirements: Specific performance standards or SLAs if applicable
7. Training and Implementation: Terms for training and implementation support
8. Export Control: Export control compliance if relevant to the jurisdiction or industry
9. Data Protection: Specific data protection obligations if the software processes personal data
1. Schedule 1 - Source Code Description: Detailed description of the source code, including components and dependencies
2. Schedule 2 - Technical Specifications: Detailed technical specifications and requirements
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment schedule
4. Schedule 4 - Maintenance and Support Terms: Detailed maintenance and support provisions if applicable
5. Schedule 5 - Acceptable Use Policy: Specific guidelines for acceptable use of the source code
6. Appendix A - Development Environment: Specifications for the development environment
7. Appendix B - Documentation Requirements: List of required documentation and specifications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Government
Telecommunications
Manufacturing
Retail
Professional Services
Defense
Research & Development
Media & Entertainment
Energy & Utilities
Transportation & Logistics
Relevant Teams
Legal
Information Technology
Software Development
Procurement
Information Security
Risk & Compliance
Commercial
Product Development
Intellectual Property
Operations
Relevant Roles
Chief Technology Officer
Software Development Manager
Legal Counsel
IP Attorney
Software Engineer
Licensing Manager
Contract Manager
Technology Procurement Manager
Information Security Officer
Product Manager
Technical Director
Commercial Manager
Risk Manager
Compliance Officer
Software Architect
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