The Computer Software License Agreement is essential for any software deployment in New Zealand, whether for commercial or individual use. This document is crucial when a software owner (licensor) wants to grant usage rights to another party (licensee) while protecting their intellectual property rights. It addresses key aspects such as permitted uses, territorial restrictions, and compliance with New Zealand legislation including the Copyright Act 1994, Fair Trading Act 1986, and Privacy Act 2020. The agreement can be customized for various licensing models including perpetual, subscription-based, or SaaS arrangements, and includes provisions for support, maintenance, and updates as needed.
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1. Parties: Identifies and provides full legal details of the licensor and licensee
2. Background: Explains the context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Defines key terms used throughout the agreement, including technical terms specific to the software
4. Grant of License: Specifies the exact nature, scope, and type of license being granted
5. License Restrictions: Details what the licensee cannot do with the software
6. Term and Termination: Specifies the duration of the license and circumstances for termination
7. Fees and Payment: Details the license fees, payment terms, and any recurring charges
8. Intellectual Property Rights: Confirms ownership of IP and protects licensor's rights
9. Warranties and Disclaimers: States what is and isn't guaranteed about the software
10. Limitation of Liability: Limits the licensor's liability within bounds of NZ law
11. Confidentiality: Protects confidential information exchanged during the license relationship
12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Support and Maintenance: Include when ongoing technical support and software updates are part of the agreement
2. Service Level Agreement: Include for software-as-a-service (SaaS) offerings to specify availability and performance standards
3. Data Protection and Privacy: Include if the software processes personal data or requires data transfer
4. Third-Party Software: Include if the licensed software incorporates third-party components
5. Export Controls: Include if the software may be subject to international export restrictions
6. Source Code Escrow: Include if source code escrow arrangements are required for business continuity
7. Training and Implementation: Include if the license includes initial setup and user training services
8. Audit Rights: Include for licenses where usage monitoring and compliance verification is important
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of all fees, including any variable components
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule 4 - Support Services: Detailed description of support services, response times, and escalation procedures
5. Schedule 5 - Service Levels: Specific performance metrics and service levels for SaaS offerings
6. Appendix A - Authorized Users: Definition and list of authorized users or user categories
7. Appendix B - Acceptance Testing: Acceptance testing procedures and criteria if applicable
8. Appendix C - Data Processing Terms: Specific terms for handling personal data if applicable
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Relevant Industries
Information Technology
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Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Telecommunications
Government
E-commerce
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Commercial Operations
Information Security
Risk Management
Product Management
Business Development
Relevant Roles
Chief Technology Officer
Software Development Manager
Legal Counsel
IT Director
Procurement Manager
Commercial Manager
Compliance Officer
Software License Administrator
Contract Manager
Information Security Officer
Privacy Officer
Business Development Manager
Product Manager
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