The License And Service Agreement is designed for use in situations where a provider is both licensing intellectual property (such as software, technology, or other proprietary materials) and providing related services to a customer. This dual-purpose agreement, governed by Irish law, is particularly relevant in technology transactions but can be adapted for various industries. It includes comprehensive provisions for license grants, usage rights, service delivery specifications, performance standards, and compliance with Irish and EU regulatory requirements, including GDPR. The document is structured to protect both parties' interests while ensuring clear delineation of rights, responsibilities, and obligations in both the licensing and service aspects of the relationship.
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1. Parties: Identification of the contracting parties including registered addresses and company numbers
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. License Grant: Scope, terms, and restrictions of the license being granted
5. Services: Description of services to be provided, service levels, and delivery terms
6. Fees and Payment: Payment terms, fee structure, invoicing, and payment schedules
7. Intellectual Property Rights: Ownership and protection of IP, including any newly created IP
8. Data Protection: GDPR compliance, data processing terms, and data security requirements
9. Confidentiality: Protection and handling of confidential information
10. Warranties: Warranties regarding the licensed materials and services
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Term and Termination: Duration, renewal, and termination provisions
13. Force Majeure: Circumstances excusing performance obligations
14. Governing Law and Jurisdiction: Irish law governance and jurisdiction specifications
15. General Provisions: Standard boilerplate provisions including notices, assignment, and amendments
1. Service Level Agreement: Detailed service levels and performance metrics - include when specific service levels need to be guaranteed
2. Security Requirements: Specific security protocols and requirements - include for sensitive data or regulated industries
3. Professional Services: Terms for additional professional services like implementation or training - include when relevant
4. Disaster Recovery: Disaster recovery and business continuity provisions - include for critical services
5. Support and Maintenance: Details of support services and maintenance - include for software licenses
6. Change Control: Process for managing changes to services or specifications - include for complex service arrangements
7. Audit Rights: Rights to audit compliance and usage - include for revenue-based licensing or regulated industries
8. Insurance: Insurance requirements - include for high-risk or high-value contracts
1. Schedule 1 - Licensed Materials: Detailed description of licensed software, materials, or intellectual property
2. Schedule 2 - Services Description: Detailed specification of services to be provided
3. Schedule 3 - Service Levels: Detailed service level agreements and performance metrics
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Schedule 5 - Technical Requirements: Technical specifications and requirements
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and details
7. Schedule 7 - Support Services: Support and maintenance service details
8. Appendix A - Contact Details: Key contacts for both parties for various purposes
9. Appendix B - Acceptable Use Policy: Terms governing the acceptable use of licensed materials and services
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Services
Professional Services
Healthcare Technology
Financial Services
Educational Technology
Manufacturing
Telecommunications
Media and Entertainment
Biotechnology
Research and Development
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Commercial
Operations
Sales
Business Development
Risk Management
Service Delivery
Technical Operations
Account Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Software Licensing Manager
Contract Manager
Chief Information Officer
Commercial Director
Head of Legal
Compliance Officer
Service Delivery Manager
Account Executive
Business Development Manager
Technical Operations Manager
Risk Manager
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