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Software License Subscription

Software License Subscription Template for Australia

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Key Requirements PROMPT example:

Software License Subscription

"I need a Software License Subscription agreement for my SaaS analytics platform that will be licensed to enterprise customers in Australia, with specific emphasis on data privacy and security requirements for handling sensitive financial data."

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This Software License Subscription agreement is designed for use in the Australian market where a software provider wishes to grant access to their software products or services on a subscription basis. The document is structured to comply with Australian legislation, including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant electronic commerce laws. It is particularly suitable for cloud-based software solutions, SaaS products, or other subscription-based software offerings. The agreement includes comprehensive provisions for license scope, usage rights, service levels, data protection, and operational requirements, while incorporating Australian consumer protection principles and fair contract terms. It can be customized for various business contexts, from enterprise-level deployments to small business implementations, and includes necessary safeguards for both provider and subscriber interests.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal entity details

2. Background: Context of the agreement, nature of the software, and general purpose of the arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

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

5. Subscription Term: Duration of the license, renewal terms, and termination conditions

6. Fees and Payment: Subscription fees, payment terms, and billing arrangements

7. User Access and Authentication: Rules for user access, account creation, and authentication requirements

8. Service Levels: Performance standards, availability commitments, and support services

9. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and security measures

10. Intellectual Property Rights: IP ownership, protection of rights, and related warranties

11. Warranties and Disclaimers: Software warranties, performance guarantees, and limitation of warranties

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation

13. Termination: Termination rights, process, and consequences

14. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution

Optional Sections

1. Professional Services: Include when implementation, training, or consulting services are part of the arrangement

2. Third-Party Integrations: Include when the software interfaces with third-party applications or services

3. Export Controls: Include for software with international usage or containing controlled technology

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

5. Disaster Recovery: Include for critical software requiring specific disaster recovery commitments

6. Change Control: Include when formal change management procedures are required

7. Audit Rights: Include for licenses requiring usage auditing or compliance verification

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, modules, and functionality

2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies

3. Schedule 3 - Support Services: Support tiers, response times, and escalation procedures

4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

5. Schedule 5 - Technical Requirements: Hardware, software, and network requirements for operation

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

7. Appendix A - Acceptable Use Policy: Rules and restrictions for software usage

8. Appendix B - Data Processing Agreement: Detailed terms for handling personal and sensitive data

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
Acceptable Use Policy
Access Credentials
Affiliate
Authorized Users
Business Day
Business Hours
Commencement Date
Confidential Information
Contract Year
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Harmful Code
Initial Term
Intellectual Property Rights
License Metrics
Licensed Software
Maintenance Release
New Version
Normal Business Hours
Personal Information
Renewal Term
Security Requirements
Service Credits
Service Levels
Service Level Agreement
Software
Software Updates
Subscription Term
Support Services
System Requirements
Technical Requirements
Term
Third Party Components
Third Party License Terms
User Account
User Data
Version Release
Virus
Working Hours
Clauses
License Grant
Subscription Terms
Payment
Service Levels
Support Services
User Access
Software Updates
Intellectual Property
Data Protection
Privacy
Confidentiality
Security
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Assignment
Audit Rights
Acceptable Use
Compliance
Technical Requirements
Service Credits
Disaster Recovery
Business Continuity
Third Party Rights
Change Control
Dispute Resolution
Governing Law
Notices
Insurance
Export Control
Anti-Corruption
Entire Agreement
Severability
Variation
Waiver
Counterparts
Relevant Industries

Information Technology

Financial Services

Healthcare

Education

Professional Services

Government

Retail

Manufacturing

Telecommunications

Media and Entertainment

Construction

Legal Services

Real Estate

Non-Profit Organizations

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Finance

Operations

Risk Management

Information Security

Vendor Management

Software Asset Management

Contract Administration

Relevant Roles

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Software License Manager

Compliance Officer

Contract Administrator

Chief Information Officer

IT Security Manager

Risk Manager

Operations Director

Chief Financial Officer

Software Asset Manager

Vendor Management Specialist

Business Systems Analyst

Industries
Competition and Consumer Act 2010 (Cth): Primary federal law governing consumer protection and fair trading practices, including Australian Consumer Law provisions for consumer guarantees, unfair contract terms, and misleading conduct
Privacy Act 1988 (Cth): Regulates the handling of personal information by businesses and government agencies, including the Australian Privacy Principles which are crucial for software that collects or processes user data
Copyright Act 1968 (Cth): Protects original works including computer software, source code, and related documentation, establishing the framework for software licensing
Electronic Transactions Act 1999 (Cth): Provides legal framework for electronic transactions and contracts, ensuring electronic agreements have the same validity as paper contracts
Contract Law (Common Law): Common law principles governing contract formation, terms, enforcement, and remedies, which form the foundation of license agreements
Treasury Laws Amendment (More Competition, Better Prices) Act 2022: Recent legislation increasing penalties for unfair contract terms and competition law breaches, relevant for software licensing terms
Security of Critical Infrastructure Act 2018 (Cth): May be relevant if the software is used in critical infrastructure sectors, imposing additional security obligations
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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