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Private Software License

Private Software License Template for Hong Kong

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Key Requirements PROMPT example:

Private Software License

"I need a Private Software License agreement under Hong Kong law for licensing our AI-powered analytics software to financial institutions, with strict data protection clauses and source code escrow provisions."

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Document background
The Private Software License Agreement is essential for businesses operating in Hong Kong that wish to license their software to private users or other businesses. This document is typically used when a software provider wants to maintain ownership of their intellectual property while granting specific usage rights to licensees. The agreement must comply with Hong Kong's legal framework, particularly the Copyright Ordinance, Personal Data (Privacy) Ordinance, and Contract Law principles. It covers crucial aspects such as license scope, usage restrictions, fees, warranties, and support services, while incorporating necessary protections for both parties. The Private Software License is particularly relevant in today's digital economy where software licensing is a common business model, and it can be customized to accommodate various deployment models, from on-premise installations to cloud-based solutions.
Suggested Sections

1. Parties: Identification of licensor and licensee with full legal names and addresses

2. Background: Context of the agreement and brief description of the software being licensed

3. Definitions: Definitions of key terms used throughout the agreement

4. License Grant: Scope of the license, including permitted uses and restrictions

5. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

6. License Fees: Payment terms, amounts, and payment schedule

7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software

8. Term and Termination: Duration of the license and circumstances for termination

9. Warranties and Disclaimers: Warranties provided and limitations of liability

10. Confidentiality: Protection of confidential information exchanged

11. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

12. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Data Protection: Required when software processes personal data, outlining compliance with privacy laws

2. Support Services: Include when technical support or maintenance services are provided

3. Service Level Agreement: Required for software with uptime or performance guarantees

4. Source Code Escrow: Include when source code access might be needed in specific circumstances

5. Audit Rights: Include for licenses where usage monitoring is important

6. Export Control: Required when software may be subject to export restrictions

7. Third Party Software: Include when the software incorporates third-party components

8. Insurance: Include when specific insurance coverage is required for high-risk applications

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the software

2. License Fees Schedule: Detailed breakdown of fees, payment terms, and calculation methods

3. Technical Requirements: Minimum system requirements and technical specifications

4. Permitted Users: List of authorized users or user categories if license is restricted

5. Support Services Details: Detailed description of support services, response times, and procedures

6. Service Level Metrics: Detailed performance metrics and service levels if applicable

7. Data Processing Terms: Detailed data handling procedures and compliance requirements

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions


















































Clauses









































Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Real Estate

Insurance

Logistics

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Operations

Information Security

Commercial

Finance

Software Development

Technical Support

Business Development

Relevant Roles

Legal Counsel

IT Director

Chief Technology Officer

Procurement Manager

Software Licensing Manager

Compliance Officer

Contract Manager

Chief Information Officer

IT Security Manager

Commercial Director

General Counsel

Software Asset Manager

Technology Risk Manager

Business Development Manager

Operations Director

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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