The Master License Agreement is designed for use when a software provider needs to establish a long-term licensing relationship with a customer under Irish law. It serves as the foundation for all software licensing activities between the parties, typically used in business-to-business contexts where ongoing software access and usage needs to be governed. The agreement addresses key aspects required under Irish and EU law, including data protection, consumer rights, and competition law compliance. It allows for the addition of specific products, services, or terms through schedules while maintaining a consistent legal framework. This type of agreement is particularly important when multiple software products or modules may be licensed over time, as it provides a uniform set of terms that apply across all licensing transactions between the parties.
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1. Parties: Identifies and provides details of the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. License Grant: Specifies the scope, nature, and limitations of the license granted
5. License Restrictions: Details prohibited activities and usage limitations
6. Intellectual Property Rights: Addresses ownership and protection of IP rights
7. Fees and Payment: Details license fees, payment terms, and related obligations
8. Term and Termination: Specifies duration, renewal, and termination provisions
9. Confidentiality: Governs the handling and protection of confidential information
10. Data Protection: Addresses GDPR compliance and data processing obligations
11. Warranties and Representations: Sets out warranties provided and disclaimers
12. Limitation of Liability: Defines liability caps and exclusions
13. Indemnification: Specifies indemnification obligations of both parties
14. Force Majeure: Addresses circumstances beyond parties' reasonable control
15. General Provisions: Contains standard boilerplate clauses including governing law
1. Service Levels: Include when specific performance metrics and service levels need to be maintained
2. Professional Services: Include when implementation, training, or consulting services are part of the agreement
3. Security Requirements: Include when specific security standards or certifications must be maintained
4. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical
5. Audit Rights: Include when the licensor needs rights to audit licensee's use of the software
6. Source Code Escrow: Include when source code escrow arrangements are required
7. Export Control: Include when the software is subject to export control regulations
8. Insurance: Include when specific insurance coverage requirements apply
9. Competition Law Compliance: Include when the agreement needs specific provisions to ensure competition law compliance
1. Schedule 1 - Licensed Software: Detailed description of the licensed software and components
2. Schedule 2 - Technical Specifications: Technical requirements and specifications of the software
3. Schedule 3 - Service Levels: Detailed service level commitments and metrics
4. Schedule 4 - Support and Maintenance: Support and maintenance terms and procedures
5. Schedule 5 - Fees: Detailed fee structure and payment terms
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and details
7. Schedule 7 - Security Requirements: Detailed security standards and requirements
8. Appendix A - Authorized Users: Definition and specifications of authorized users
9. Appendix B - Acceptance Testing: Acceptance testing procedures and criteria
Relevant legal definitions
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
License
Licensed Software
Maintenance Release
Major Release
Minor Release
New Version
Normal Business Hours
Personal Data
Processing
Professional Services
Security Requirements
Service Levels
Software
Source Code
Specification
Support Services
Term
Territory
Third Party Software
Updates
Upgrades
User Acceptance Testing
Virus
Vulnerability
Working Hours
Data Controller
Data Processor
Data Protection Laws
Designated Contact
Error
Good Industry Practice
Implementation Services
License Key
Licensed Materials
Maintenance Window
Modification
Object Code
Operating Environment
Performance Data
Permitted Purpose
Release
Response Time
Service Credits
Site
Software Interface
Support Request
System Requirements
Technical Requirements
User Documentation
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
License
Licensed Software
Maintenance Release
Major Release
Minor Release
New Version
Normal Business Hours
Personal Data
Processing
Professional Services
Security Requirements
Service Levels
Software
Source Code
Specification
Support Services
Term
Territory
Third Party Software
Updates
Upgrades
User Acceptance Testing
Virus
Vulnerability
Working Hours
Data Controller
Data Processor
Data Protection Laws
Designated Contact
Error
Good Industry Practice
Implementation Services
License Key
Licensed Materials
Maintenance Window
Modification
Object Code
Operating Environment
Performance Data
Permitted Purpose
Release
Response Time
Service Credits
Site
Software Interface
Support Request
System Requirements
Technical Requirements
User Documentation
Clauses
License Grant
Intellectual Property Rights
License Restrictions
Fees and Payment
Term and Termination
Confidentiality
Data Protection
Support and Maintenance
Service Levels
Warranties
Indemnification
Limitation of Liability
Force Majeure
Assignment
Audit Rights
Security Requirements
Documentation
Training
Implementation
User Acceptance
Software Updates
Version Control
Technical Requirements
Performance Standards
Disaster Recovery
Business Continuity
Export Control
Anti-Corruption
Competition Law
Dispute Resolution
Governing Law
Insurance
Notice
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Authority
Survival
Intellectual Property Rights
License Restrictions
Fees and Payment
Term and Termination
Confidentiality
Data Protection
Support and Maintenance
Service Levels
Warranties
Indemnification
Limitation of Liability
Force Majeure
Assignment
Audit Rights
Security Requirements
Documentation
Training
Implementation
User Acceptance
Software Updates
Version Control
Technical Requirements
Performance Standards
Disaster Recovery
Business Continuity
Export Control
Anti-Corruption
Competition Law
Dispute Resolution
Governing Law
Insurance
Notice
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Counterparts
Authority
Survival
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Government
Insurance
Banking
Pharmaceuticals
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Information Security
Vendor Management
Commercial Operations
Finance
Technology Operations
Relevant Roles
Chief Technology Officer
Head of Legal
Commercial Director
Procurement Manager
IT Director
Legal Counsel
Software Licensing Manager
Contracts Manager
Chief Information Officer
Technology Procurement Specialist
General Counsel
Head of Procurement
Vendor Management Director
Chief Operating Officer
Risk Management Officer
Compliance Officer
IT Security Manager
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