The Software Sublicense Agreement is essential when a company wishes to redistribute or grant access to licensed software to third parties while maintaining compliance with the original license terms. This document type is commonly used in software distribution chains, value-added reseller arrangements, and technology service provision scenarios. The agreement must carefully balance the rights and obligations under the original license with the commercial needs of the sublicensing arrangement. Under Irish law, this contract type requires specific attention to intellectual property rights, data protection requirements, and consumer protection regulations where applicable. The document typically includes detailed terms about usage rights, restrictions, payment structures, and technical requirements, while ensuring compliance with both the original license terms and Irish legal framework.
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1. Parties: Identification of the sublicensor and sublicensee, including registered addresses and company details
2. Background: Context of the agreement, reference to the main license, and confirmation of sublicensor's authority to grant sublicense
3. Definitions: Key terms used throughout the agreement, including technical terms, software description, and relationship-specific definitions
4. Grant of Sublicense: Scope of the sublicense, permitted uses, and any territorial or user limitations
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Confirmation of ownership rights and protection of IP
7. Payment Terms: License fees, payment schedule, and related financial terms
8. Warranties and Representations: Warranties regarding authority to grant sublicense and software performance
9. Term and Termination: Duration of the sublicense, renewal terms, and termination conditions
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Data Protection: Required when software processes personal data, addressing GDPR compliance
2. Service Levels: Include when software availability or performance guarantees are provided
3. Support and Maintenance: Include when technical support or maintenance services are part of the agreement
4. Audit Rights: Include for high-value licenses or when compliance monitoring is crucial
5. Source Code Escrow: Include when source code access might be needed in specific circumstances
6. Export Control: Required when software is subject to international export restrictions
7. Disaster Recovery: Include for business-critical software applications
8. Training and Implementation: Include when training or implementation services are provided
1. Schedule 1 - Software Description: Detailed description of the software, including versions and components
2. Schedule 2 - License Fees: Detailed pricing structure and payment terms
3. Schedule 3 - Technical Requirements: Hardware and software requirements for operation
4. Schedule 4 - Service Level Agreement: Detailed performance metrics and service levels if applicable
5. Schedule 5 - Support Services: Description of support and maintenance services if provided
6. Appendix A - Main License Terms: Relevant excerpts from the main license agreement
7. Appendix B - Authorized Users: List of authorized users or user categories if applicable
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