Customer License Agreement for Australia

Customer License Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions under which a customer may use licensed software, products, or services. This document outlines the scope of the license grant, usage rights, restrictions, fees, support services, and obligations of both parties while ensuring compliance with Australian Consumer Law and Privacy Act requirements. It includes provisions for intellectual property protection, warranty terms, liability limitations, and dispute resolution mechanisms specific to the Australian legal framework.

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What is a Customer License Agreement?

The Customer License Agreement serves as the primary legal instrument for businesses providing software, digital products, or services to customers in Australia. This document is essential when granting users the right to access and use proprietary products while protecting the provider's intellectual property rights. It must comply with Australian Consumer Law, the Privacy Act 1988, and other relevant legislation. The agreement typically covers license scope, usage terms, fees, support services, warranties, and liability limitations. It's particularly important for software companies, SaaS providers, and digital service providers operating in Australia, as it establishes clear boundaries for product use while ensuring consumer protections mandated by Australian law.

What sections should be included in a Customer License Agreement?

1. Parties: Identifies and provides full details of the licensor and licensee, including ABN/ACN for businesses

2. Background: Contextual information about the licensed product/service and purpose of the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. License Grant: Specific details of the license being granted, including scope, territory, and duration

5. License Fees and Payment Terms: Payment obligations, fee structure, and payment terms

6. Use Restrictions: Specific limitations and restrictions on the use of the licensed product/service

7. Intellectual Property Rights: Statement of IP ownership and protection measures

8. Customer Obligations: Key responsibilities and obligations of the customer

9. Support and Maintenance: Details of support services and maintenance provisions

10. Term and Termination: Duration of agreement and circumstances for termination

11. Warranties and Disclaimers: Warranty terms and statutory consumer guarantees under Australian Consumer Law

12. Limitation of Liability: Liability limitations compliant with Australian Consumer Law

13. Confidentiality: Obligations regarding confidential information

14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

What sections are optional to include in a Customer License Agreement?

1. Data Protection and Privacy: Required when personal data is collected or processed, ensuring compliance with Privacy Act 1988

2. Third-Party Components: Include when the licensed product contains third-party software or components

3. Export Controls: Required for products subject to export regulations

4. Service Level Agreement: Include for software-as-a-service or hosted solutions

5. Audit Rights: Include when usage monitoring or compliance verification is needed

6. Insurance Requirements: Include for high-risk or high-value licenses

7. Professional Services: Include when additional implementation or consulting services are provided

What schedules should be included in a Customer License Agreement?

1. Schedule 1 - Licensed Products: Detailed description of licensed products/services, including versions and specifications

2. Schedule 2 - Fee Schedule: Detailed breakdown of license fees, payment schedules, and pricing tiers

3. Schedule 3 - Service Level Terms: Specific service levels, response times, and performance metrics

4. Schedule 4 - Support Services: Detailed description of support and maintenance services

5. Appendix A - Technical Requirements: Technical specifications and system requirements

6. Appendix B - Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed product

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

User Agreement

Sector

Cost

Free to use
Relevant legal definitions
Relevant Industries

Information Technology

Software Development

Digital Services

E-commerce

Financial Services

Healthcare

Education

Professional Services

Manufacturing

Media and Entertainment

Telecommunications

Retail

Relevant Teams

Legal

Sales

Product Development

Information Technology

Compliance

Risk Management

Commercial Operations

Business Development

Customer Success

Technical Support

Relevant Roles

Legal Counsel

Contract Manager

Licensing Manager

Sales Director

Account Executive

Product Manager

Chief Technology Officer

IT Director

Compliance Officer

Risk Manager

Commercial Director

Business Development Manager

Software Developer

Operations Manager

Industries
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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