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Software License And Maintenance Agreement

Software License And Maintenance Agreement Template for Australia

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Key Requirements PROMPT example:

Software License And Maintenance Agreement

"I need a Software License and Maintenance Agreement for my company's accounting software that we'll be licensing to small businesses in Australia, including basic maintenance support with quarterly updates starting from March 2025."

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Document background
A Software License And Maintenance Agreement is essential for any software deployment in the Australian market, establishing the legal framework for software usage and support services. This document is typically used when a business is either providing or acquiring software solutions that require ongoing maintenance and support. It encompasses critical elements such as license grants, usage restrictions, maintenance obligations, service level commitments, and compliance with Australian legislation including the Privacy Act 1988 and Competition and Consumer Act 2010. The agreement is particularly crucial for protecting intellectual property rights, defining service expectations, and establishing clear responsibilities for both providers and customers in the Australian legal context.
Suggested Sections

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

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

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. License Grant: Scope of the software license, including usage rights, restrictions, and territory

5. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of modifications

6. Maintenance Services: Scope of maintenance and support services, response times, and service standards

7. Fees and Payment: License fees, maintenance fees, payment terms, and invoicing procedures

8. Term and Termination: Duration of agreement, renewal terms, and termination rights

9. Warranties and Representations: Software performance warranties, service quality guarantees, and compliance warranties

10. Liability and Indemnification: Limitation of liability, mutual indemnifications, and insurance requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection and Privacy: Compliance with privacy laws and data handling obligations

13. General Provisions: Standard legal clauses including governing law, dispute resolution, and assignment rights

Optional Sections

1. Third-Party Software: Include when the software incorporates third-party components, detailing additional terms and restrictions

2. User Management: Include for multi-user licenses, defining user administration and access controls

3. Cloud Services: Include for software with cloud-based components, defining hosting and service availability

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

5. Export Controls: Include for software that may be subject to international trade restrictions

6. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

7. Disaster Recovery: Include for business-critical software requiring specific recovery procedures

8. Change Control: Include when formal processes for software modifications are required

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software

2. Schedule 2 - Service Level Agreement: Specific performance metrics, response times, and service quality standards

3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, maintenance fees, and payment terms

4. Schedule 4 - Maintenance Services: Detailed scope of maintenance services, support procedures, and escalation processes

5. Schedule 5 - Acceptable Use Policy: Guidelines and restrictions for software usage

6. Schedule 6 - Security Requirements: Security standards, protocols, and compliance requirements

7. Appendix A - Technical Requirements: Minimum system requirements and technical specifications for software operation

8. Appendix B - Support Contact Details: Contact information and procedures for accessing support services

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 Tests
Affiliate
Agreement
Authorized Users
Business Day
Commencement Date
Confidential Information
Configuration
Customization
Data Protection Laws
Documentation
Effective Date
Enhancement
Error
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
License Fee
Licensed Software
Maintenance Fee
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Operating Environment
Patch
Personal Information
Professional Services
Renewal Term
Response Time
Service Credits
Service Levels
Software
Source Code
Specifications
Support Request
System Requirements
Term
Territory
Third Party Software
Update
Upgrade
User Documentation
Virus
Warranty Period
Work Product
Clauses
Grant of License
License Restrictions
Intellectual Property Rights
Maintenance Services
Service Levels
Fees and Payment
Term and Termination
Warranties
Liability
Indemnification
Confidentiality
Data Protection
Force Majeure
Assignment
Subcontracting
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Third Party Rights
Export Control
Non-Solicitation
Insurance
Audit Rights
Security Requirements
Business Continuity
Change Control
Source Code Escrow
Performance Standards
Acceptance Testing
Training
Documentation
User Support
Updates and Upgrades
Implementation
Technical Requirements
Service Credits
Disaster Recovery
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Telecommunications

Government

Insurance

Banking

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Software Development

Compliance

Information Security

Operations

Commercial

Risk Management

Service Delivery

Technical Support

Product Management

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Legal Counsel

Procurement Manager

Contract Manager

Information Security Officer

Compliance Officer

Software Licensing Manager

IT Operations Manager

Commercial Director

Risk Manager

Technical Account Manager

Service Delivery Manager

Industries
Copyright Act 1968 (Cth): Governs intellectual property rights in software, including licensing terms, protection of source code, and enforcement of copyright
Competition and Consumer Act 2010 (including Australian Consumer Law): Provides mandatory consumer guarantees and protections that cannot be excluded, regulates unfair contract terms, and governs business-to-business conduct
Privacy Act 1988 (Cth): Regulates the handling of personal information, particularly relevant for software that collects, stores, or processes user data
Electronic Transactions Act 1999 (Cth): Provides legal framework for electronic transactions and validates electronic contracts and signatures
Contract Law (Common Law): Governs general principles of contract formation, enforcement, and remedies under Australian common law
Patents Act 1990 (Cth): Relevant for software-related patents and patent rights that might be incorporated in the licensed software
Trade Practices Act 1974 (aspects not superseded by Competition and Consumer Act): Contains provisions relating to business practices and competition law that may affect licensing terms
Cybercrime Act 2001 (Cth): Relevant for security obligations and unauthorized access provisions in software agreements
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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