Floating Software License

Floating Software License Template for United States

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Key Requirements PROMPT example:

"Need a Floating Software License agreement for deploying CAD software across our engineering firm, allowing up to 50 concurrent users with specific provisions for remote access and integration with our existing network infrastructure."

Document background

The Floating Software License agreement is essential when organizations need to provide shared software access across multiple users through network deployment. This contract type specifically addresses concurrent usage rights, defining how many users can simultaneously access the software while maintaining compliance with U.S. copyright and licensing laws. It includes critical provisions for usage monitoring, technical requirements, and license management, making it particularly suitable for enterprise-wide software deployments where flexible access is required across different departments or locations.

Suggested Sections

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

2. Background: Context of the agreement and purpose of the license

3. Definitions: Key terms including 'Licensed Software', 'Concurrent Users', 'Network'

4. Grant of License: Scope of license, including floating/concurrent use provisions

5. Usage Restrictions: Limitations on concurrent users and network access

6. Term and Termination: Duration and termination conditions

7. Payment Terms: License fees and payment schedule

8. Intellectual Property Rights: Rights retention and IP ownership provisions

9. Warranties and Disclaimers: Software performance warranties and liability limitations

10. Confidentiality: Protection of confidential information and trade secrets

11. Governing Law: Applicable law and jurisdiction

Optional Sections

1. Export Controls: Provisions for compliance with export regulations when software may be accessed internationally

2. Data Protection: Privacy and data handling provisions when personal data is processed

3. Professional Services: Implementation and support services terms when additional services are provided

4. Audit Rights: Rights to audit usage and compliance with license terms

5. Disaster Recovery: Provisions for backup and recovery procedures

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications of the licensed software

2. Schedule 2 - Service Level Agreement: Performance metrics and support standards

3. Schedule 3 - Price Schedule: Detailed pricing structure and user tiers

4. Schedule 4 - Technical Requirements: Network and system requirements for software operation

5. Schedule 5 - Support and Maintenance: Details of support services and maintenance procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Agreement

Concurrent Users

Effective Date

Licensed Software

Term
Territory

Clauses

Relevant Industries

Technology
Engineering
Financial Services
Education

Relevant Teams

Information Technology
Legal
Procurement
Finance
Operations

Relevant Roles

Chief Technology Officer
IT Director
Procurement Manager
Software Asset Manager
Network Administrator

Industries

Copyright Act: Federal law (17 U.S.C. �� 101-1332) governing copyright protection of software and related materials, essential for establishing ownership and protection of the licensed software

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including anti-circumvention provisions that may affect license enforcement mechanisms

Computer Fraud and Abuse Act (CFAA): Federal law concerning unauthorized access to computer systems, relevant for license enforcement and breach scenarios

Federal Trade Commission Act: Federal law governing unfair and deceptive practices in commerce, affecting how license terms are presented and enforced

Uniform Computer Information Transactions Act (UCITA): Model law adopted by some states specifically dealing with software licenses and electronic commerce

State Contract Laws: Various state-specific contract laws governing formation, enforcement, and interpretation of license agreements

State Consumer Protection Laws: State-specific laws protecting consumers' rights in software licensing transactions

State Data Privacy Laws: Various state laws governing data privacy and protection, particularly relevant if the software processes personal information

Export Administration Regulations (EAR): Federal regulations controlling the export of commercial software and technology

International Traffic in Arms Regulations (ITAR): Federal regulations controlling export of defense-related technology, may apply to certain types of software

Magnuson-Moss Warranty Act: Federal law governing consumer product warranties, affecting how software warranties must be presented and honored

Network Access Requirements: Technical and legal considerations specific to floating licenses regarding network access rights and restrictions

Concurrent User Limitations: Legal framework for defining and enforcing simultaneous user limits in floating license agreements

Usage Monitoring Rights: Legal requirements and limitations regarding the monitoring and auditing of software usage under floating licenses

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Floating Software License Template for United States

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