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On Premise Software License

On Premise Software License Template for Australia

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Key Requirements PROMPT example:

On Premise Software License

"I need an On Premise Software License Agreement for enterprise accounting software to be deployed across our Australian offices, with strict data privacy requirements and integration with our existing systems starting March 2025."

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This On-Premise Software License Agreement is designed for use in the Australian market when a software provider wishes to license software for installation and use on a customer's local infrastructure. The agreement is structured to comply with Australian federal and state legislation, including the Competition and Consumer Act 2010 (Cth), Privacy Act 1988 (Cth), and Copyright Act 1968 (Cth). It should be used when software is being licensed for installation on the customer's own servers or infrastructure, rather than being provided as a cloud service. The agreement includes comprehensive terms covering license scope, usage rights, technical requirements, maintenance and support, warranties, and commercial terms, while ensuring compliance with Australian consumer protection laws and privacy regulations.
Suggested Sections

1. Parties: Identifies and provides details of the licensor and licensee

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. License Grant: Specifies the scope, nature, and limitations of the software license

5. License Restrictions: Details prohibited uses and activities related to the software

6. Intellectual Property Rights: Establishes ownership of IP and protected materials

7. License Fees and Payment: Specifies payment terms, fees, and payment schedules

8. Installation and Acceptance: Outlines the process for software installation and acceptance criteria

9. Technical Requirements: Specifies minimum system requirements and technical specifications

10. Maintenance and Support: Details the support services provided and service levels

11. Warranties and Disclaimers: Sets out warranties provided and limitations of liability

12. Term and Termination: Specifies duration, renewal terms, and termination conditions

13. Confidentiality: Governs the handling of confidential information

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

Optional Sections

1. Data Protection and Privacy: Required if the software processes personal data or when specific privacy compliance is needed

2. Disaster Recovery: Include when business continuity is critical or for enterprise software

3. Audit Rights: Add for licenses where usage monitoring is important or compliance verification is needed

4. Source Code Escrow: Include when source code access might be needed in specific circumstances

5. Professional Services: Add if implementation or configuration services are provided

6. Third Party Software: Include if the software incorporates third-party components

7. Export Controls: Required if software is subject to export regulations

8. Insurance: Include for high-value or high-risk implementations

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software and its components

2. Schedule 2 - Technical Specifications: Detailed technical requirements and specifications

3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment structure

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

5. Schedule 5 - Acceptable Use Policy: Detailed terms of acceptable use and restrictions

6. Appendix A - Installation Requirements: Detailed installation and implementation requirements

7. Appendix B - Security Requirements: Security standards and requirements for software use

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Acceptance Tests
Affiliate
Authorized Users
Business Day
Commencement Date
Confidential Information
Configuration
Consumer Law
Defect
Delivery Date
Documentation
Effective Date
Error
Fees
Force Majeure Event
GST
Implementation Services
Initial Term
Intellectual Property Rights
License
License Fee
Licensed Software
Maintenance Release
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Notice
Operating Environment
Permitted Purpose
Personal Information
Privacy Laws
Representatives
Security Requirements
Services
Software
Source Code
Specifications
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
Update
Upgrade
User Documentation
Virus
Clauses
License Grant
License Restrictions
Intellectual Property Rights
Payment
Technical Requirements
Installation
Acceptance Testing
Support and Maintenance
Service Levels
Warranties
Liability
Indemnification
Confidentiality
Data Protection
Privacy
Security
Audit Rights
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Variation
Severability
Waiver
Third Party Rights
Consumer Law Compliance
Insurance
Export Control
Anti-Corruption
Business Continuity
Personnel
Subcontracting
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Government

Telecommunications

Insurance

Mining

Construction

Transportation

Utilities

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Operations

Commercial

Software Development

Infrastructure

Vendor Management

Finance

Contract Administration

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software Development Manager

Information Security Officer

Compliance Officer

Commercial Manager

Contract Manager

IT Infrastructure Manager

Enterprise Architect

Chief Information Officer

Risk Manager

Operations Manager

Technology Procurement Specialist

Industries
Competition and Consumer Act 2010 (Cth): Key federal law governing consumer protection, fair trading, and competition in Australia. Schedule 2 contains the Australian Consumer Law (ACL) which provides consumer guarantees and protections relevant to software licensing.
Copyright Act 1968 (Cth): Protects software as intellectual property and governs how software can be licensed, used, and distributed in Australia.
Privacy Act 1988 (Cth): Regulates how personal information must be handled, including the Australian Privacy Principles (APPs) which may apply if the software processes personal data.
Electronic Transactions Act 1999 (Cth): Provides legal framework for electronic transactions and contracts, ensuring electronic agreements are legally valid and enforceable.
Patents Act 1990 (Cth): May be relevant if the software contains patented technology or processes that need to be protected in the license agreement.
State Fair Trading Acts: State-specific consumer protection legislation that complements the federal Competition and Consumer Act and may contain additional requirements.
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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