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.
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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
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
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
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
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
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
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