The Exclusive Software Licence Agreement is utilized when a software owner wishes to grant exclusive rights to their software to a single entity. This comprehensive agreement, governed by English and Welsh law, defines the scope of exclusivity, territorial restrictions, and usage rights. It's particularly important for high-value software products where the licensee requires market exclusivity. The agreement typically includes detailed provisions on intellectual property rights, maintenance obligations, warranty terms, and commercial arrangements. This document is essential for protecting both the licensor's intellectual property and the licensee's exclusive commercial interests.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and ownership of the software
3. Definitions: Key terms used throughout the agreement
4. Grant of Licence: Scope of licence, exclusivity provisions, and territory
5. Intellectual Property Rights: Ownership and protection of IP rights
6. Payment Terms: Licence fees, payment schedule, and related provisions
7. Term and Termination: Duration of agreement and termination provisions
8. Confidentiality: Protection of confidential information
9. Warranties and Indemnities: Standard warranties and indemnification provisions
1. Source Code Escrow: Used when source code protection is required for high-value or business-critical software
2. Professional Services: Additional services provisions when implementation or support services are included
3. Data Protection: GDPR compliance provisions when personal data processing is involved
4. Export Control: Export regulation compliance for international licensing arrangements
1. Schedule 1 - Software Description: Detailed description of licensed software and functionality
2. Schedule 2 - Technical Specifications: Technical requirements and specifications
3. Schedule 3 - Service Levels: Performance metrics and service standards
4. Schedule 4 - Fee Schedule: Detailed breakdown of fees and payment terms
5. Schedule 5 - Support Services: Details of maintenance and support provisions
Relevant legal definitions
Agreement
Background IPR
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
End User
Fees
Force Majeure Event
Implementation Services
Initial Term
Intellectual Property Rights
Licence
Licensed Software
Licensor Materials
Maintenance Release
New Version
Object Code
Payment Schedule
Professional Services
Service Levels
Software
Source Code
Specification
Support Services
System Requirements
Technical Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User
Virus
Warranty Period
Background IPR
Business Day
Commencement Date
Confidential Information
Documentation
Effective Date
End User
Fees
Force Majeure Event
Implementation Services
Initial Term
Intellectual Property Rights
Licence
Licensed Software
Licensor Materials
Maintenance Release
New Version
Object Code
Payment Schedule
Professional Services
Service Levels
Software
Source Code
Specification
Support Services
System Requirements
Technical Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User
Virus
Warranty Period
Clauses
Grant of Licence
Scope of Licence
Licence Restrictions
Delivery and Installation
Acceptance Testing
Intellectual Property Rights
Third Party Software
Source Code
Maintenance and Support
Service Levels
Payment Terms
Audit Rights
Warranties
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Force Majeure
Term and Duration
Termination
Effect of Termination
Assignment and Sub-licensing
Export Control
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Waiver
Non-competition
Escrow
Insurance
Compliance with Laws
Anti-corruption
Change Control
Scope of Licence
Licence Restrictions
Delivery and Installation
Acceptance Testing
Intellectual Property Rights
Third Party Software
Source Code
Maintenance and Support
Service Levels
Payment Terms
Audit Rights
Warranties
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Force Majeure
Term and Duration
Termination
Effect of Termination
Assignment and Sub-licensing
Export Control
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Waiver
Non-competition
Escrow
Insurance
Compliance with Laws
Anti-corruption
Change Control
Relevant Industries
Relevant Teams
Relevant Roles
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