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Source Code License Agreement for Australia

Source Code License Agreement Template for Australia

An Australian-law governed agreement that establishes the terms and conditions under which one party (the licensor) grants another party (the licensee) access to and rights to use specific software source code. The agreement incorporates Australian intellectual property law provisions, particularly those under the Copyright Act 1968, and addresses key aspects such as license scope, usage rights, modifications, intellectual property protection, and confidentiality requirements. It includes specific provisions for compliance with Australian consumer law and privacy regulations where applicable, while establishing clear terms for maintenance, support, and liability limitations.

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Source Code License Agreement

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What is a Source Code License Agreement?

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.

What sections should be included in a Source Code License Agreement?

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

What sections are optional to include in a Source Code License Agreement?

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

What schedules should be included in a Source Code License Agreement?

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

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

Licensing Agreement

Sector

Cost

Free to use
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

Industries








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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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