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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, License Fee, etc.
4. Grant of License: Scope and nature of the license, including type (perpetual/term), territory, and usage rights
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. License Fee and Payment Terms: Financial terms, payment schedule, and payment methods
7. Delivery and Installation: Terms regarding software delivery, installation process, and acceptance criteria
8. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
9. Warranties and Representations: Standard warranties regarding software functionality and performance
10. Support and Maintenance: Basic terms for technical support and software updates
11. Confidentiality: Protection of confidential information exchanged
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Term and Termination: Duration of agreement and termination conditions
14. Post-Termination Obligations: Actions required after contract termination
15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, etc.
1. Source Code Escrow: Terms for source code deposit and release conditions - used for business-critical software
2. Data Protection: Detailed GDPR compliance terms - required if personal data is processed
3. Service Level Agreement: Specific performance metrics and remedies - used for cloud/SaaS solutions
4. Audit Rights: Terms allowing licensor to audit licensee's usage - important for volume-based licensing
5. Third-Party Software: Terms regarding incorporated third-party components - needed if third-party software is included
6. Export Control: Compliance with export regulations - required for international licensing
7. Training and Documentation: Terms for user training and documentation - important for complex software
8. Customization Rights: Terms regarding software modification rights - needed if customization is allowed
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fee Schedule: Detailed breakdown of license fees and payment terms
3. Schedule 3 - Support and Maintenance Services: Detailed description of support levels and maintenance terms
4. Schedule 4 - Service Level Agreement: Detailed performance metrics and service levels
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms
6. Appendix A - Acceptable Use Policy: Detailed terms of acceptable software usage
7. Appendix B - Technical Requirements: Required technical environment and specifications
Information Technology
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Professional Services
Education
Government
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Legal
Information Technology
Procurement
Sales
Software Development
Compliance
Information Security
Commercial Operations
Contract Administration
Risk Management
Chief Technology Officer
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IT Director
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