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Software License Subscription for the United States

Software License Subscription Template for United States

A Software License Subscription agreement is a legal contract governed by United States law that establishes the terms and conditions under which a licensee may use licensed software on a subscription basis. The agreement covers key aspects including license scope, usage rights, subscription fees, term duration, service levels, and compliance requirements. It incorporates relevant U.S. federal and state regulations regarding software licensing, data privacy, and electronic transactions.

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What is a Software License Subscription?

The Software License Subscription agreement is essential for modern software distribution models where access is granted on a subscription basis rather than perpetual licensing. This document outlines the legal framework for software usage, incorporating U.S. federal and state requirements for software licensing, data protection, and electronic transactions. It defines critical elements such as subscription terms, payment obligations, usage restrictions, and service levels, while ensuring compliance with relevant legislation including copyright law and data privacy regulations.

What sections should be included in a Software License Subscription?

1. Parties: Identification of licensor and licensee, including legal entity details

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

3. Definitions: Key terms used throughout the agreement

4. License Grant: Scope and nature of the software license being granted

5. Payment Terms: Subscription fees, payment schedule, and related terms

6. Use Restrictions: Limitations on use, copying, and distribution

7. Term and Termination: Duration of agreement and termination conditions

8. Warranties and Disclaimers: Standard warranties and limitations

What sections are optional to include in a Software License Subscription?

1. Service Level Agreement: Performance metrics and support commitments for hosted software or maintenance services

2. Data Processing Terms: Terms governing processing of personal data when software handles such information

3. Professional Services: Terms for additional services like implementation or training beyond the software license

4. Export Control: Export compliance provisions for software that may be exported outside the US

What schedules should be included in a Software License Subscription?

1. Software Description: Detailed description of licensed software and features

2. Service Level Agreement Details: Detailed performance metrics and support levels

3. Fee Schedule: Detailed breakdown of subscription fees and payment terms

4. Technical Requirements: Minimum system requirements and technical specifications

5. Data Processing Agreement: Detailed terms for processing personal data

6. Acceptable Use Policy: Rules and guidelines for software usage

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

License Agreement

Cost

Free to use
Clauses




















Industries

Copyright Act: 17 U.S.C. - Federal law governing software protection and licensing rights, essential for defining the scope of intellectual property protection in software licensing agreements

Digital Millennium Copyright Act (DMCA): Federal law addressing digital rights management and anti-circumvention provisions that may affect software protection measures

Computer Fraud and Abuse Act: Federal law governing unauthorized access to computer systems, relevant for defining terms of acceptable use and access restrictions

Federal Trade Commission Act: Federal consumer protection law that affects how software products can be marketed and sold to consumers

Electronic Communications Privacy Act: Federal law governing data privacy in electronic communications, crucial for software that involves data collection or transmission

Uniform Computer Information Transactions Act (UCITA): State law adopted in Virginia and Maryland specifically governing software licenses and information technology contracts

Uniform Electronic Transactions Act (UETA): State law governing electronic signatures and records, important for online software licensing agreements

State Data Privacy Laws: Various state-specific laws like CCPA (California) and SHIELD Act (New York) governing data privacy and security requirements

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

General Data Protection Regulation (GDPR): EU regulation that must be considered if the software may be used by or collect data from EU residents

Common Law Contract Principles: General contract law principles governing formation, interpretation, and enforcement of agreements

Uniform Commercial Code (UCC): State-adopted uniform law governing commercial transactions, including aspects of software licensing and sales

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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