A Private Software Licence is essential when granting specific rights to use proprietary software while maintaining ownership and control. This agreement, governed by English and Welsh law, is commonly used when software developers or companies want to license their software for private use while protecting their intellectual property rights. The document covers crucial aspects such as usage rights, restrictions, payment terms, support obligations, and termination conditions. It's particularly important for protecting both the licensor's intellectual property and the licensee's right to use the software as intended.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and ownership declaration of the software
3. Definitions: Key terms used throughout the agreement including Software, Licensed Materials, Intellectual Property Rights
4. Grant of Licence: Scope and nature of the licence being granted, including territory, duration, and type of licence
5. Licence Restrictions: Limitations on use, prohibited activities, and restrictions on sublicensing or transfer
6. Intellectual Property Rights: Ownership declarations, protection of IP rights, and infringement procedures
7. Payment Terms: Licence fees, payment schedule, and related conditions including late payment provisions
8. Term and Termination: Duration of agreement, termination rights, and consequences of termination
1. Support and Maintenance: Terms for ongoing support services, updates, and maintenance obligations
2. Service Levels: Performance standards, metrics, and remedies for failure to meet service levels
3. Data Protection: Specific data handling obligations and compliance with data protection laws
4. Source Code Escrow: Terms for source code protection and release conditions
1. Schedule 1 - Software Description: Detailed technical specifications of the licensed software and documentation
2. Schedule 2 - Licence Fees: Detailed pricing structure, payment terms, and fee calculation methods
3. Schedule 3 - Technical Requirements: Hardware and software requirements for operation of the licensed software
4. Schedule 4 - Service Level Agreement: Detailed performance metrics, response times, and service standards
5. Schedule 5 - Support Services: Detailed description of support and maintenance services, including response times
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