This Software License Commercial Use agreement is designed for use in the Australian market where a software provider wishes to license their proprietary software to business customers. The document incorporates key requirements under Australian law, including consumer guarantees under the Australian Consumer Law, copyright protection provisions, and data privacy obligations. It's particularly suitable for software deployments requiring clear terms around usage rights, technical support, service levels, and liability limitations. The agreement can be customized for various business sectors and deployment models, whether on-premises or cloud-based, and includes provisions for maintenance, updates, and user support. This template ensures compliance with Australian jurisdiction requirements while protecting the intellectual property rights of the software provider and establishing clear operational parameters for the business customer.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the software and its intended use
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including usage rights and restrictions
5. License Fees and Payment: Payment terms, fee structure, and payment schedules
6. Intellectual Property Rights: Ownership of IP rights and protection of proprietary information
7. Confidentiality: Obligations regarding confidential information and trade secrets
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Warranties and Disclaimers: Software performance warranties and limitation of warranties
10. Limitation of Liability: Caps on liability and exclusions of certain types of damages
11. Support and Maintenance: Basic support services and maintenance obligations
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Professional Services: Include when implementation, training, or consulting services are part of the deal
2. Service Level Agreement: Include for cloud-based software or when specific performance metrics are guaranteed
3. Data Protection and Privacy: Include when personal data processing is involved
4. Custom Development: Include when custom features or modifications are part of the agreement
5. Third-Party Software: Include when third-party components are part of the licensed software
6. Export Control: Include for international licensing or when software is subject to export regulations
7. Disaster Recovery: Include for business-critical applications
8. Change Control: Include when formal processes for changes to software or services are required
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed pricing structure, payment schedules, and fee calculations
3. Schedule 3 - Support Services: Detailed support levels, response times, and maintenance services
4. Schedule 4 - Service Level Requirements: Performance metrics, availability requirements, and remedies
5. Schedule 5 - Acceptance Testing: Testing procedures and acceptance criteria
6. Appendix A - Authorized Users: List of authorized users or user categories and access levels
7. Appendix B - System Requirements: Technical requirements for operating the software
8. Appendix C - Security Requirements: Security standards and compliance requirements
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Documentation
Effective Date
Enhancement
Error
Fees
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
License
License Fee
Licensed Software
Maintenance Services
Personal Information
Professional Services
Renewal Term
Service Levels
Software Updates
Source Code
Specifications
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
User Access Level
User Acceptance Testing
Virus
Workaround
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Documentation
Effective Date
Enhancement
Error
Fees
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
License
License Fee
Licensed Software
Maintenance Services
Personal Information
Professional Services
Renewal Term
Service Levels
Software Updates
Source Code
Specifications
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
User Access Level
User Acceptance Testing
Virus
Workaround
Clauses
License Grant
Intellectual Property
Payment Terms
Usage Rights
Restrictions
Confidentiality
Data Protection
Support and Maintenance
Service Levels
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Security Requirements
Dispute Resolution
Governing Law
Insurance
Notice
Acceptance Testing
Implementation
Training
Documentation
Export Control
Third Party Rights
Amendment
Entire Agreement
Intellectual Property
Payment Terms
Usage Rights
Restrictions
Confidentiality
Data Protection
Support and Maintenance
Service Levels
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Security Requirements
Dispute Resolution
Governing Law
Insurance
Notice
Acceptance Testing
Implementation
Training
Documentation
Export Control
Third Party Rights
Amendment
Entire Agreement
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
Mining
Construction
Agriculture
Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Operations
Risk Management
Information Security
Software Development
Contract Administration
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Chief Information Officer
Compliance Officer
Contract Manager
Business Development Manager
Operations Manager
Chief Financial Officer
Risk Manager
Information Security Manager
Chief Legal Officer
IT Project Manager
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