The Standard Software License Agreement is a fundamental legal document used when a software provider wishes to grant usage rights to their software while retaining ownership of the intellectual property. This agreement, governed by Irish law, is essential for software companies operating in or providing services to customers in Ireland, ensuring compliance with both Irish national legislation and EU regulations. It covers critical aspects such as license scope, permitted uses, restrictions, fees, warranties, and support terms. The document is particularly important in the context of Ireland's growing technology sector and its role as a European hub for software companies. It incorporates necessary provisions for GDPR compliance, consumer protection, and intellectual property rights protection under Irish law, while providing flexibility to accommodate various software deployment models including on-premise, cloud-based, or hybrid solutions.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, Licensed Users, etc.
4. Grant of License: Scope of the license, including type (non-exclusive/exclusive), territory, and permitted uses
5. License Restrictions: Specific prohibited actions and limitations on use of the software
6. Delivery and Installation: Terms regarding software delivery method, installation requirements, and acceptance testing if applicable
7. License Fees: Payment terms, fee structure, and payment schedule
8. Intellectual Property Rights: Confirmation of ownership rights and protection of IP
9. Confidentiality: Protection of confidential information exchanged between parties
10. Warranties and Representations: Standard warranties regarding software functionality and performance
11. Limitation of Liability: Caps on liability and exclusions of certain types of damages
12. Term and Termination: Duration of agreement and circumstances allowing termination
13. Post-Termination Obligations: Actions required after agreement ends, including return or destruction of software
14. General Provisions: Standard boilerplate clauses including notices, assignment, force majeure, etc.
1. Service Level Agreement: Include when ongoing support and maintenance services are part of the license
2. Data Protection: Required when software processes personal data, including GDPR compliance measures
3. Third-Party Software: Include when the software incorporates third-party components or dependencies
4. Source Code Escrow: Add when source code escrow arrangements are required for business continuity
5. Professional Services: Include when additional implementation or customization services are provided
6. Export Control: Required for software subject to international export restrictions
7. Disaster Recovery: Include for business-critical software requiring specific recovery procedures
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of license fees, payment schedule, and pricing terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule 4 - Support and Maintenance Services: Details of support services, response times, and maintenance terms if included
5. Schedule 5 - Service Level Agreement: Specific performance metrics, availability requirements, and remedies for breach
6. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for acceptable use of the software
7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
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