A Simple Software License Agreement is essential when a software provider wishes to grant usage rights to their software while maintaining ownership and control over their intellectual property. This document type is particularly suitable for straightforward software licensing arrangements under Australian law, where complex customization or extensive professional services are not required. The agreement covers fundamental aspects such as license scope, usage restrictions, fees, and basic warranties, while ensuring compliance with Australian legislation including the Copyright Act 1968 (Cth) and consumer protection laws. It's designed to be more streamlined than enterprise-level agreements while still providing adequate protection for both parties' interests.
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1. Parties: Identification of the licensor and licensee with full legal 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. License Restrictions: Specific limitations and prohibited uses of the software
6. Intellectual Property Rights: Confirmation of ownership and IP rights in the software
7. Payment Terms: License fees, payment schedule, and related financial terms
8. Licensee Obligations: Key responsibilities and requirements of the licensee
9. Term and Termination: Duration of the license and circumstances for termination
10. Warranties and Disclaimers: Standard warranties for the software and applicable disclaimers
11. Limitation of Liability: Limits on liability and exclusions of damages
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Support and Maintenance: Terms for ongoing technical support and software updates - include if support services are part of the agreement
2. Data Protection and Privacy: Obligations regarding personal data handling - include if the software processes personal information
3. Security Requirements: Specific security measures and compliance requirements - include for sensitive applications
4. Service Levels: Performance standards and metrics - include for cloud-based software
5. Audit Rights: Rights to audit licensee's use of the software - include for enterprise licenses
6. Export Controls: Export compliance obligations - include if international use is contemplated
7. Third-Party Software: Terms relating to incorporated third-party software - include if relevant
8. Insurance: Insurance requirements - include for high-value or high-risk implementations
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of licensing fees and payment structure
3. Schedule 3 - Support Services: Detailed description of support services and service levels if applicable
4. Schedule 4 - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
5. Schedule 5 - Security Requirements: Detailed security specifications and compliance requirements if applicable
Relevant legal definitions
Agreement
Authorized Users
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
Fee
Initial Term
Intellectual Property Rights
License
Licensed Software
Licensee
Licensor
Maintenance Services
Personal Information
Related Bodies Corporate
Security Requirements
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Software
Updates
User Access
User Guide
Warranty Period
Authorized Users
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
Fee
Initial Term
Intellectual Property Rights
License
Licensed Software
Licensee
Licensor
Maintenance Services
Personal Information
Related Bodies Corporate
Security Requirements
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Software
Updates
User Access
User Guide
Warranty Period
Clauses
Relevant Industries
Information Technology
Software Development
Professional Services
Financial Services
Healthcare
Education
Retail
Manufacturing
Government
Telecommunications
Media and Entertainment
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Operations
Software Development
Commercial
Finance
Business Development
Relevant Roles
Legal Counsel
Contract Manager
IT Manager
Software Development Manager
Procurement Manager
Compliance Officer
Chief Technology Officer
Business Development Manager
Operations Manager
Risk Manager
Commercial Manager
General Counsel
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