Floating Software License Template for Australia

This Floating Software License agreement is designed for use in the Australian market where organizations need to implement flexible software licensing arrangements. The document is particularly suitable when a licensee requires software access for a large user base but expects only a portion of users to need concurrent access. The agreement incorporates provisions compliant with Australian law, including the Competition and Consumer Act 2010 (Cth) and Privacy Act 1988 (Cth). It details the technical implementation of the license server, user monitoring mechanisms, and failover provisions, while also addressing maintenance, support, and compliance requirements. This type of agreement is commonly used in enterprise environments where traditional per-seat licensing would be cost-prohibitive or inefficient.

1. Parties: Identification of the licensor and licensee, including full legal names, addresses, and registration details

2. Background: Context of the agreement, brief description of the software, and purpose of the floating license arrangement

3. Definitions: Definitions of key terms including 'Concurrent Users', 'License Server', 'Authorized Users', 'Network', and other technical and legal terms

4. License Grant: Scope of the floating license, including number of concurrent users, territory, and permitted use

5. License Server and Management: Requirements for license server setup, management, and monitoring of concurrent usage

6. Term and Termination: Duration of the license, renewal terms, and circumstances for termination

7. License Fees and Payment: Payment terms, fee structure, and any usage-based charging mechanisms

8. Licensee Obligations: Responsibilities regarding license management, security, and proper usage

9. Intellectual Property Rights: Protection of IP rights, ownership declarations, and restrictions

10. Warranties and Disclaimers: Software performance warranties, disclaimer of warranties, and limitation of liability

11. Support and Maintenance: Terms for technical support, updates, and maintenance services

12. Audit Rights: Licensor's rights to audit license usage and compliance

13. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices