This Floating Software License agreement template is designed for use in the Hong Kong market when organizations need to implement a shared software licensing model. It is particularly suitable when multiple users within an organization require access to the same software, but not simultaneously, enabling cost-effective license management through concurrent usage tracking. The document encompasses technical specifications for license server implementation, usage monitoring, and compliance requirements, while ensuring alignment with Hong Kong's legal framework, including electronic transactions, intellectual property, and data protection regulations. It addresses key commercial terms, service levels, and risk allocation between parties, making it suitable for both standard business software and specialized enterprise applications.
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1. Parties: Identification of the licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement, brief description of the software and floating license concept
3. Definitions: Key terms including Software, Concurrent Users, License Manager, Network, Authorized Users
4. License Grant: Scope of license, number of concurrent users, territory, and term
5. License Manager and Technical Implementation: Requirements for license server, network configuration, and monitoring
6. Usage Restrictions: Limitations on use, prohibited actions, and user obligations
7. License Fees and Payment: Payment terms, fee structure, and payment schedule
8. Intellectual Property Rights: Ownership of IP, protection of rights, and infringement procedures
9. Warranties and Disclaimers: Software performance warranties, disclaimers, and limitation of liability
10. Term and Termination: Duration, renewal terms, termination rights, and post-termination obligations
11. Confidentiality: Protection of confidential information and trade secrets
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Maintenance and Support: Include when ongoing support and updates are part of the agreement
2. Trial Period: Include when offering an initial evaluation period
3. Audit Rights: Include for enterprise licenses requiring compliance monitoring
4. Data Protection: Include when software processes personal data
5. Export Control: Include for international licensing
6. Service Level Agreement: Include when specific performance levels are guaranteed
7. Disaster Recovery: Include when business continuity requirements are critical
8. Third-Party Software: Include when third-party components are part of the licensed software
1. Schedule 1 - Software Description: Detailed description of software, components, and functionality
2. Schedule 2 - Technical Requirements: System requirements, network specifications, and installation guidelines
3. Schedule 3 - License Metrics: Definition of concurrent usage measurement and monitoring
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Schedule 5 - Support Services: Support levels, response times, and escalation procedures
6. Schedule 6 - Acceptable Use Policy: Detailed rules and guidelines for software usage
7. Appendix A - License Manager Documentation: Technical documentation for license server setup and management
Relevant legal definitions
Acceptable Use Policy
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Emergency Maintenance
Floating License
Group
Hong Kong
Initial Term
Installation Site
Intellectual Property Rights
License Fee
License Key
License Manager
License Pool
License Server
Licensed Software
Maintenance Release
Major Release
Network
Normal Business Hours
Permitted Number
Personal Data
Program
Renewal Period
Response Time
Service Credits
Service Levels
Software Metrics
Source Code
Specification
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
Update
Upgrade
User Authentication
Version
Virus
Warranty Period
Working Hours
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Emergency Maintenance
Floating License
Group
Hong Kong
Initial Term
Installation Site
Intellectual Property Rights
License Fee
License Key
License Manager
License Pool
License Server
Licensed Software
Maintenance Release
Major Release
Network
Normal Business Hours
Permitted Number
Personal Data
Program
Renewal Period
Response Time
Service Credits
Service Levels
Software Metrics
Source Code
Specification
Support Hours
Support Services
System Requirements
Term
Territory
Third Party Software
Update
Upgrade
User Authentication
Version
Virus
Warranty Period
Working Hours
Clauses
License Grant
Usage Rights
Technical Requirements
License Management
Payment Terms
Intellectual Property
Warranties
Limitation of Liability
Confidentiality
Data Protection
Audit Rights
Term and Termination
Service Levels
Support and Maintenance
Implementation
User Authentication
Security Requirements
Disaster Recovery
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Export Control
Compliance
Insurance
Indemnification
Third Party Rights
Entire Agreement
Variation
Severability
Waiver
Counterparts
Usage Rights
Technical Requirements
License Management
Payment Terms
Intellectual Property
Warranties
Limitation of Liability
Confidentiality
Data Protection
Audit Rights
Term and Termination
Service Levels
Support and Maintenance
Implementation
User Authentication
Security Requirements
Disaster Recovery
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Export Control
Compliance
Insurance
Indemnification
Third Party Rights
Entire Agreement
Variation
Severability
Waiver
Counterparts
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Education
Professional Services
Engineering
Research & Development
Telecommunications
Government & Public Sector
Media & Entertainment
Retail
Construction
Biotechnology
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Software Development
Infrastructure
Finance
Risk Management
Operations
Technical Support
Relevant Roles
Chief Technology Officer
IT Director
Software Procurement Manager
Legal Counsel
Compliance Officer
IT Infrastructure Manager
Software Asset Manager
Contract Manager
Enterprise Architect
Information Security Officer
Technology Operations Manager
Procurement Director
Software Development Manager
System Administrator
License Compliance Analyst
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