This Software And License Agreement template is designed for use under Irish law when establishing a legal framework for software licensing and usage rights. It addresses the requirements of both Irish and EU legislation, including the Copyright and Related Rights Act 2000, GDPR, and the European Union (Digital Content and Digital Services) Regulations 2022. The agreement is suitable for various licensing models, including perpetual, subscription-based, and cloud-hosted solutions. It incorporates necessary provisions for data protection, consumer rights, and digital content regulations specific to the Irish jurisdiction, while also addressing commercial aspects such as maintenance, support, and service level commitments. This template is particularly valuable for software providers operating in Ireland or serving Irish customers, ensuring compliance with local legal requirements while protecting both licensor and licensee interests.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, Licensed Users
4. License Grant: Scope of the license, permitted uses, and restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Ownership of IP, protection of rights, and infringement procedures
7. Data Protection: GDPR compliance, data processing terms, and data security measures
8. Warranties and Representations: Software performance warranties, compliance with laws, and disclaimer of warranties
9. Support and Maintenance: Technical support scope, maintenance services, and service levels
10. Term and Termination: Duration of agreement, renewal terms, and termination rights
11. Limitation of Liability: Liability caps, exclusions, and indemnification provisions
12. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement
1. Third-Party Software: Include when the software incorporates third-party components, describing licenses and restrictions
2. Professional Services: Include when additional implementation or consulting services are provided
3. Service Level Agreement: Include for cloud-based software or when specific performance metrics are guaranteed
4. Security Requirements: Include when handling sensitive data or for enterprise software
5. Export Controls: Include when software may be subject to international trade restrictions
6. Source Code Escrow: Include when source code escrow arrangements are part of the agreement
1. Schedule 1 - Software Description: Detailed description of the software, including features and functionality
2. Schedule 2 - License Fees: Detailed fee structure, payment terms, and pricing tiers
3. Schedule 3 - Support Services: Detailed support levels, response times, and maintenance terms
4. Schedule 4 - Service Level Agreement: Performance metrics, availability guarantees, and remedies
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule 6 - Technical Requirements: Software system requirements and technical specifications
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Data Protection Laws
Documentation
Effective Date
Error
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
License Key
Licensed Software
Maintenance Services
Personal Data
Professional Services
Security Requirements
Service Level Agreement
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Authentication
User Guide
Virus
Working Hours
Affiliate
Authorized Users
Business Day
Confidential Information
Configuration
Customer Data
Data Protection Laws
Documentation
Effective Date
Error
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
License Key
Licensed Software
Maintenance Services
Personal Data
Professional Services
Security Requirements
Service Level Agreement
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Authentication
User Guide
Virus
Working Hours
Clauses
License Grant
Intellectual Property
Payment Terms
Data Protection
Confidentiality
Warranties
Limitation of Liability
Indemnification
Support and Maintenance
Service Levels
Term and Termination
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Data Security
Audit Rights
Export Control
Anti-Bribery
Insurance
Compliance with Laws
Usage Restrictions
Implementation
Training
Intellectual Property
Payment Terms
Data Protection
Confidentiality
Warranties
Limitation of Liability
Indemnification
Support and Maintenance
Service Levels
Term and Termination
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Data Security
Audit Rights
Export Control
Anti-Bribery
Insurance
Compliance with Laws
Usage Restrictions
Implementation
Training
Relevant Industries
Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Telecommunications
Media and Entertainment
Government and Public Sector
E-commerce
Insurance
Banking
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Commercial
Sales
Product Management
Operations
Data Protection
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Software License Manager
Compliance Officer
Contract Manager
Chief Information Officer
Information Security Officer
Risk Manager
Commercial Director
Sales Director
Product Manager
Operations Manager
Data Protection Officer
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