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Software License Transfer Agreement

Software License Transfer Agreement Template for Ireland

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Key Requirements PROMPT example:

Software License Transfer Agreement

"I need a Software License Transfer Agreement to transfer 50 enterprise software licenses from our UK subsidiary to our Irish headquarters by March 2025, including provisions for ongoing maintenance support and GDPR compliance."

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Document background
The Software License Transfer Agreement is a specialized legal instrument used when an entity needs to transfer its software license rights to another party under Irish law. This document is particularly relevant in scenarios such as company acquisitions, business unit divestitures, or strategic reallocation of software assets. The agreement ensures compliance with Irish and EU regulations while addressing crucial aspects such as intellectual property rights, data protection requirements, and technical specifications. It includes detailed provisions for the transfer process, payment terms, warranties, and ongoing obligations. This type of agreement is essential for maintaining legal compliance and protecting both parties' interests during the transfer of valuable software assets.
Suggested Sections

1. Parties: Identification of the transferor (current license holder) and transferee (new license holder), including full legal names and addresses

2. Background: Context of the transfer, including original license details and reason for transfer

3. Definitions: Defined terms used throughout the agreement, including technical terms specific to the software

4. Transfer of License: Core terms of the license transfer, including scope, territory, and duration of the transferred rights

5. Transfer Price and Payment: Financial terms including transfer price, payment schedule, and payment methods

6. Effective Date and Transfer Process: Specific date when transfer becomes effective and steps for implementing the transfer

7. Warranties and Representations: Warranties regarding ownership, right to transfer, and software condition

8. Intellectual Property Rights: Confirmation of IP rights and any restrictions on use

9. Confidentiality: Obligations regarding confidential information related to the software

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction for disputes

Optional Sections

1. Maintenance and Support: Terms for ongoing maintenance and support if being transferred with the license

2. Data Protection: GDPR compliance terms if the software processes personal data

3. Source Code: Terms regarding access to source code if included in the transfer

4. Third Party Software: Provisions regarding any third-party software components included

5. Training and Implementation: Terms for any training or implementation support provided during transfer

6. Export Control: Compliance with export control regulations if software is subject to international transfer restrictions

7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws for commercial licenses

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, including version numbers and components

2. Schedule 2 - Original License Terms: Copy or summary of the original license terms being transferred

3. Schedule 3 - Transfer Price Details: Breakdown of transfer price and payment schedule

4. Schedule 4 - Technical Requirements: Technical specifications and system requirements for the software

5. Appendix A - Transfer Process: Step-by-step process for implementing the license transfer

6. Appendix B - Support and Maintenance Details: Detailed terms of any support and maintenance arrangements

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
Agreement
Effective Date
Software
Original License
License Rights
Transfer Date
Transferor
Transferee
Original Licensor
Documentation
Intellectual Property Rights
Source Code
Object Code
Maintenance Services
Support Services
Confidential Information
Business Day
Force Majeure Event
Warranties
Licensed Users
Territory
Technical Requirements
Transfer Fee
Payment Date
Governing Law
Permitted Use
Associated Services
Software Updates
Implementation Period
Acceptance Tests
Default Event
Compliance Requirements
Data Protection Laws
GDPR
Maintenance Release
New Version
Original License Terms
Personal Data
Related Agreements
Security Requirements
Service Levels
Specified Equipment
System Requirements
Technical Specifications
Third Party Software
Transfer Process
User Documentation
Working Hours
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Media and Entertainment

Government and Public Sector

Insurance

Automotive

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Software Asset Management

Finance

Operations

Technical Operations

Relevant Roles

Legal Counsel

IT Director

Chief Technology Officer

Software License Manager

Procurement Manager

Contract Administrator

Compliance Officer

Information Security Manager

Risk Manager

Software Asset Manager

Chief Information Officer

Technology Procurement Specialist

Legal Operations Manager

IT Procurement Officer

Industries
Copyright and Related Rights Act 2000: Primary legislation governing copyright protection in Ireland, crucial for software licensing as it protects computer programs as literary works
European Union (Copyright and Related Rights) Regulations 2019: Implements EU copyright directives into Irish law, including provisions relevant to digital content and software
Sale of Goods and Supply of Services Act 1980: Governs contracts for goods and services, including software licensing agreements and related services
General Data Protection Regulation (GDPR): EU regulation governing data protection and privacy, relevant if the software processes personal data
European Union (Electronic Commerce) Regulations 2000: Regulates electronic commerce and digital contracts, relevant for online software license transfers
Competition Act 2002: Ensures fair competition and prevents anti-competitive practices in commercial agreements including software licensing
Consumer Protection Act 2007: Protects consumer rights in commercial transactions, applicable if the software license transfer involves consumers
Electronic Commerce Act 2000: Provides legal recognition to electronic contracts and signatures, essential for digital license transfers
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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