This Software License And Service Agreement template is designed for use under Irish law when establishing a comprehensive legal framework for software licensing and related service provision. It is particularly suitable for software companies, technology providers, and service organizations operating in Ireland or providing services to Irish entities. The document addresses both the licensing of software products and the delivery of associated services such as implementation, maintenance, and support. It incorporates necessary provisions to ensure compliance with Irish and EU regulations, particularly the GDPR, consumer protection laws, and electronic commerce regulations. The agreement is structured to protect both the licensor's intellectual property rights and the licensee's interests in receiving functional software and quality services. It includes detailed terms on data protection, service levels, warranty provisions, and liability limitations, making it suitable for both B2B and B2C relationships.
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1. Parties: Identification of the licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement, brief description of the software and services, and purpose of the agreement
3. Definitions: Defined terms used throughout the agreement
4. License Grant: Scope of software license, usage rights, and restrictions
5. Services: Description of services to be provided, including implementation, maintenance, and support
6. Payment Terms: License fees, service fees, payment schedule, and payment methods
7. Customer Obligations: Customer responsibilities, access requirements, and usage limitations
8. Data Protection: GDPR compliance, data processing terms, and data security requirements
9. Intellectual Property Rights: Ownership of IP, restrictions, and protections
10. Confidentiality: Protection of confidential information and trade secrets
11. Warranties and Representations: Software and service warranties, disclaimers
12. Limitation of Liability: Liability caps, exclusions, and indemnifications
13. Term and Termination: Agreement duration, renewal terms, and termination rights
14. General Provisions: Standard boilerplate including governing law, notices, assignment, and entire agreement
1. Service Level Agreement: Detailed service levels and performance metrics - include when specific performance standards are required
2. Professional Services: Additional implementation or consulting services - include when professional services are part of the arrangement
3. Disaster Recovery: Disaster recovery and business continuity provisions - include for business-critical software
4. Third-Party Software: Terms relating to third-party software components - include when third-party software is incorporated
5. Export Control: Export control compliance - include when software may be subject to export restrictions
6. Source Code Escrow: Source code escrow arrangements - include for business-critical software or at customer request
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and specifications
2. Schedule 2 - Service Specifications: Detailed description of services, including support levels and response times
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, service fees, and payment terms
4. Schedule 4 - Technical Requirements: Hardware and software requirements for the licensed software
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and requirements
6. Schedule 6 - Service Level Metrics: Detailed service level commitments and measurement criteria
7. Appendix A - Authorized Users: Definition and limitations of authorized users and access rights
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
E-commerce
Professional Services
Manufacturing
Telecommunications
Cloud Services
Enterprise Software
Retail
Government/Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Software Development
Operations
Risk and Compliance
Commercial
Data Protection
Vendor Management
Relevant Roles
Chief Technology Officer
Head of Legal
Legal Counsel
IT Director
Procurement Manager
Software Development Manager
Contract Manager
Information Security Officer
Data Protection Officer
Chief Information Officer
Commercial Director
Head of Operations
IT Project Manager
Risk Manager
Compliance Officer
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