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Floating Software License

Floating Software License Template for Ireland

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Key Requirements PROMPT example:

Floating Software License

"I need a Floating Software License agreement under Irish law for our CAD software that will be used by up to 50 concurrent users across our European offices, with implementation scheduled for March 2025 and including source code escrow provisions."

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Document background
This Floating Software License agreement template is designed for use under Irish law when organizations need to implement shared software access across multiple users through concurrent licensing. It's particularly suitable for enterprise-level software deployments where not all users need simultaneous access to the software, enabling cost-effective license management. The document incorporates requirements from Irish legislation including the Copyright and Related Rights Act 2000, data protection requirements under GDPR, and electronic commerce regulations. It covers essential elements such as license server configuration, user monitoring, technical requirements, and compliance mechanisms, while ensuring alignment with EU regulatory frameworks. This agreement type is commonly used for specialized software applications where organizations want to optimize software accessibility across departments while maintaining control over usage and costs.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including registered addresses and company details

2. Background: Context of the agreement and brief description of the software and floating license concept

3. Definitions: Defined terms including Software, Licensed Users, Concurrent Users, License Server, etc.

4. License Grant: Scope of license, floating license mechanics, user limitations, and usage restrictions

5. License Server and Technical Implementation: Requirements for license server setup, monitoring, and management

6. Payment Terms: License fees, payment schedule, and pricing model

7. Licensee Obligations: Responsibilities regarding license management, user access, and usage monitoring

8. Intellectual Property Rights: Ownership of software, modifications, and related intellectual property

9. Warranties and Representations: Software performance warranties, compliance with specifications

10. Confidentiality: Protection of confidential information exchanged between parties

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

12. Consequences of Termination: Post-termination obligations and rights

13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Support and Maintenance Services: Include when ongoing support and maintenance are part of the agreement

2. Professional Services: Include when implementation, training, or consulting services are required

3. Service Levels: Include when specific performance metrics and service levels are guaranteed

4. Data Protection: Include when software processes personal data or when GDPR compliance is required

5. Disaster Recovery: Include when business continuity and disaster recovery procedures are critical

6. Export Controls: Include when software is subject to export control regulations

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

8. Audit Rights: Include when licensor requires rights to audit license usage and compliance

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of software, modules, and technical specifications

2. Schedule 2 - License Metrics: Detailed description of user counts, concurrent usage limits, and measurement methodology

3. Schedule 3 - Technical Requirements: System requirements, network specifications, and license server configuration

4. Schedule 4 - Support and Maintenance Terms: Detailed support levels, response times, and maintenance procedures

5. Schedule 5 - Service Level Agreement: Detailed service levels, performance metrics, and remedies

6. Schedule 6 - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing models

7. Schedule 7 - Implementation Plan: Timeline and milestones for software deployment and license server setup

8. Appendix A - Authorized User Policy: Rules and procedures for managing authorized users and access rights

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
Authorized Users
Business Day
Concurrent Users
Confidential Information
Documentation
Effective Date
Error
Floating License
Initial Term
Installation Site
Intellectual Property Rights
License Administrator
License Fee
License Key
License Manager
License Server
Licensed Software
Maintenance Release
Major Release
Minor Release
Network
Normal Business Hours
Personal Data
Professional Services
Renewal Period
Service Level Agreement
Software Modification
Software Modules
Source Code
Specifications
Support Hours
Support Services
System Requirements
Technical Contact
Term
Territory
Third-Party Software
Updates
Upgrades
User Count
User Credentials
Version
Virus
Vulnerability
Warranty Period
Work Product
Clauses
License Grant
Payment
Intellectual Property
Technical Implementation
User Management
Service Levels
Support and Maintenance
Warranties
Indemnification
Limitation of Liability
Confidentiality
Data Protection
Audit Rights
Term and Termination
Force Majeure
Assignment
Compliance with Laws
Security Requirements
Implementation
Training
Documentation
Acceptance Testing
License Monitoring
Disaster Recovery
Export Control
Insurance
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Third Party Rights
Variation
Waiver
Counterparts
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Education

Engineering

Research & Development

Telecommunications

Government

Pharmaceutical

Construction

Energy

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Finance

Operations

Infrastructure

Enterprise Architecture

Risk Management

Vendor Management

Software Asset Management

Relevant Roles

Chief Information Officer

IT Director

Software Procurement Manager

Legal Counsel

Compliance Officer

IT Infrastructure Manager

Software Asset Manager

Contract Administrator

Technology Operations Manager

Enterprise Architect

Information Security Manager

Procurement Director

Software Licensing Specialist

IT Services Manager

Industries
Copyright and Related Rights Act 2000: Primary legislation governing software copyright protection and licensing in Ireland, defining rights of copyright holders and permissible uses
European Union (Copyright and Related Rights) Regulations 2019: Implements EU copyright directive and provides additional protection for digital content and software
General Data Protection Regulation (GDPR): Regulates the processing of personal data, relevant if the software collects or processes user data
European Communities (Electronic Commerce) Regulations 2003: Governs electronic commerce activities including online software distribution and licensing
Sale of Goods and Supply of Services Act 1980: Establishes basic consumer rights and statutory warranties for goods and services, including software licenses
Consumer Protection Act 2007: Protects consumers against unfair terms and practices in contracts, including software license agreements
Competition Act 2002: Ensures license terms don't create unfair market restrictions or anti-competitive practices
Electronic Commerce Act 2000: Provides legal framework for electronic signatures and electronic contracts, relevant for online software licensing
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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