This Restrictive Software License agreement is designed for use in the Australian market where software providers need to maintain strict control over their intellectual property and software usage rights. It is particularly suitable for proprietary software, specialized applications, or software with sensitive intellectual property that requires enhanced protection. The document incorporates requirements under Australian law, including the Copyright Act 1968, Competition and Consumer Act 2010, and Privacy Act 1988. It provides comprehensive terms covering license scope, usage restrictions, compliance requirements, warranties, and liability limitations while ensuring enforceability under Australian jurisdiction. This agreement is typically used when standard or open-source licensing would not provide sufficient protection for the software provider's interests.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the software, and purpose of the license
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used in the agreement
4. Grant of License: Specific terms of the license grant, including clear statement of restrictions and limitations
5. License Restrictions: Explicit prohibitions and limitations on use, modification, and distribution of the software
6. Intellectual Property Rights: Assertion of ownership rights and protection of IP, including copyrights and trade secrets
7. Payment Terms: License fees, payment schedule, and any recurring charges
8. Technical Requirements: Minimum system requirements and technical specifications for software use
9. Term and Termination: Duration of license and conditions for termination or renewal
10. Warranties and Disclaimers: Limited warranties provided and disclaimer of other warranties
11. Limitation of Liability: Caps on liability and exclusion of certain types of damages
12. General Provisions: Standard boilerplate including governing law, notices, and assignment restrictions
1. Data Protection and Privacy: Required if software collects or processes personal data
2. Export Controls: Include if software is subject to export regulations or international distribution
3. Source Code Escrow: Optional provision for source code protection and access under specific conditions
4. Professional Services: Include if installation, training, or support services are provided
5. Audit Rights: Optional right to audit licensee's compliance with license terms
6. Third Party Components: Required if software includes third-party components or dependencies
1. Schedule 1 - Software Description: Detailed description of software, components, and functionality
2. Schedule 2 - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule 3 - Technical Specifications: Detailed technical requirements and compatibility specifications
4. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for software usage
5. Appendix B - Support and Maintenance Terms: If applicable, terms of technical support and maintenance services
6. Appendix C - Service Level Agreement: If applicable, performance standards and service levels
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